Terms of Use
TERMS OF USE AGREEMENT
This Terms of Use Agreement
(“Agreement”), along with ourCompany Privacy Policy, constitutes a
legally binding agreement made between you, whether personally or on
behalf of an entity (“user” or “you”) and Ylos TradingFunding INC and
its affiliated companies, Websites, applications and tools(collectively,
Ylos Trading Funding INC, “Company” or “we” or “us” or “our”),concerning
your access to and use of the YlosTrading.com Website(s) as well asany
other media form, media channel, mobile website or mobile
applicationrelated or connected thereto (collectively, the “Sites”). The
Sites provide the following service: Professional development training
(“Company Services”).Supplemental terms and conditions or documents that
may be posted on the Sitesfrom time to time, are hereby expressly
incorporated into this Agreement byr eference.
Company makes
no representation that the Sites isappropriate or available in other
locations other than where it is operated by Company. The information
provided on the Sites is not intended for distributionto or use by any
person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject
Company to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Sites from
otherlocations do so on their own initiative and are solely responsible
forcompliance with local laws, if and to the extent local laws are
applicable.
All users who are minors in the jurisdiction in
which theyreside (generally under the age of 18) are not permitted to
register for the Sites or use the Company Services.
YOU
ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BYACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE)AND ALSO BY
CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY
THISAGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THEFUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR
ACCESS THE COMPANY SERVICESOR THE SITES.
PURCHASES;
PAYMENT
Ylos Trading Funding INC will bill you through a
paymentprovider for our Services. By using our paid options, you agree
to pay YlosTrading Funding INC all charges at the prices then in effect
for the productsor services you or other persons using your billing
account may purchase, andyou authorize Ylos Trading Funding INC to
charge your chosen payment providerfor any such purchases. You agree to
make payment using that selected paymentmethod. If you have ordered a
product or service that is subject to recurringcharges then you agree to
us charging your payment method on a recurring basis,without requiring
your prior approval from you for each recurring charge untilsuch time as
you cancel the applicable product or service. Ylos Trading FundingINC
reserves the right to correct any errors or mistakes in pricing that
itmakes even if it has already requested or received payment. Sales tax
will beadded to the sales price of purchases as deemed required by
Company. Companymay change prices at any time. All payments shall be in
U.S. dollars.
REFUND AND RETURN
All sales are
final and no refunds shall be issued.
USER REPRESENTATIONS
Regarding
Your Registration
By using the Ylos Trading Funding INC
Services, yourepresent and warrant that:
1. all registration
information you submit is truthful andaccurate;
2. you will
maintain the accuracy of such information;
3. you will keep your
password confidential and will be responsible for all use of your
password and account;
4. you are not a minor in the jurisdiction in
which you reside, or if a minor, you have received parental permission
to use our Sites;
5. and your use of the Company Services does not
violate any applicable law or regulation.
You also agree to:
(a) provide true, accurate, current andcomplete information about
yourself as prompted by the Sites’ registration formand (b) maintain and
promptly update registration data to keep it true,accurate, current and
complete. If you provide any information that is untrue,inaccurate, not
current or incomplete, or Company has reasonable grounds tosuspect that
such information is untrue, inaccurate, not current or
incomplete,Company has the right to suspend or terminate your account
and refuse any andall current or future use of the Sites (or any portion
thereof).
We reserve the right to remove or reclaim or change
a username you select if we determine appropriate in our discretion,
such as when theuser’s name is obscene or otherwise objectionable or
when a trademark ownercomplains about a username that does not closely
relate to a user’s actualname.
We retain the right to
restrict or limit or terminateaccount(s) for any reasons at any time
without priornotice.
Regarding Content You Provide
We
may invite you to chat or participate in blogs, messageboards, online
forums and other functionality and may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish,distribute
or broadcast content and materials to our Sites and/or to or via
theSites’ forms, emails, chat agents, popups, including, without
limitation, text,writings, video, audio, photographs, graphics,
comments, suggestions orpersonally identifiable information or other
material (collectively “Contributions”). Any Contributions you transmit
to Ylos Trading Funding INC will be treated asnon-confidential and
non-proprietary. When you create or make available a Contribution, you
thereby represent and warrant that:
1. the creation,
distribution, transmission, public display and performance, accessing,
downloading and copying of your Contribution does not and will not
infringe the proprietary rights, including but not limited to
thecopyright, patent, trademark, trade secret or moral rights of any
third party;
2. you are the creator and owner of or have the
necessary licenses, rights, consents, releases and permissions to use
and to authorize Ylos Trading Funding INC and the Sites’ users to use
your Contributions asnecessary to exercise the licenses granted by you
under this Agreement;
3. you have the written consent, release,
and/or permission ofeach and every identifiable individual person in the
Contribution to use thename or likeness of each and every such
identifiable individual person toenable inclusion and use of the
Contribution in the manner contemplated by our Sites;
4. your
Contribution is not obscene, lewd, lascivious, filthy, violent,
harassing or otherwise objectionable (as determined by Ylos
TradingFunding INC), libelous or slanderous, does not ridicule, mock,
disparage,intimidate or abuse anyone, does not advocate the violent
overthrow of anygovernment, does not incite, encourage or threaten
physical harm against another, does not violate any applicable law,
regulation, or rule, and does notviolate the privacy or publicity rights
of any third party;
5. your Contribution does not contain material
that solicits personal information from anyone under 18 or exploit
people under the age of 18in a sexual or violent manner, and does not
violate any federal or state lawconcerning child pornography or
otherwise intended to protect the health orwell-being of minors;
6.
your Contribution does not include any offensive commentsthat are
connected to race, national origin, gender, sexual preference orphysical
handicap;
7. your Contribution does not otherwise violate, or link
tomaterial that violates, any provision of this Agreement or any
applicable lawor regulation.
CONTRIBUTION LICENSE
By
posting Contributions to any part of the Sites, or makingthem accessible
to the Sites by linking your account to any of your socialnetwork
accounts, you automatically grant, and you represent and warrant thatyou
have the right to grant, to Ylos Trading Funding INC an
unrestricted,unconditional, unlimited, irrevocable, perpetual,
non-exclusive, transferable,royalty-free, fully-paid, worldwide right
and license to host, use, copy,reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store,cache, publicly perform
publicly display, reformat, translate, transmit,excerpt (in whole or in
part) and distribute such Contributions (including,without limitation,
your image and voice) for any purpose, commercialadvertising, or
otherwise, to prepare derivative works of, or incorporate intoother
works, such Contributions, and to grant and authorize sublicenses of
theforegoing. The use and distribution may occur in any media formats
and throughany media channels. Such use and distribution license will
apply to any form,media, or technology now known or hereafter developed,
and includes our use ofyour name, company name, and franchise name, as
applicable, and any of thetrademarks, service marks, trade names and
logos, personal and commercialimages you provide. Company does not
assert any ownership over yourContributions; rather, as between us and
you, subject to the rights granted tous in this Agreement, you retain
full ownership of all of your Contribution sand any intellectual
property rights or other proprietary rights associatedwith your
Contributions. We will not use your contribution in a way thatinfringes
on your rights and always process your personal information lawfullyand
with your consent.
Company has the right, in our sole and
absolute discretion,to (i) edit, redact or otherwise change any
Contributions, (ii) re-categorizeany Contributions to place them in more
appropriate locations or (iii)pre-screen or delete any Contributions
that are determined to be inappropriateor otherwise in violation of this
Agreement.By uploading your Contributions to the Sites, you
herebyauthorize Company to grant to each end user a personal,
limited,no-transferable, perpetual, non-exclusive, royalty-free,
fully-paid license toaccess, download, print and otherwise use your
Contributions for their internalpurposes and not for distribution,
transfer, sale or commercial exploitation ofany kind.
SUBMISSIONS
You
acknowledge and agree that any questions, comments,suggestions, ideas,
feedback or other information about the Sites or the YlosTrading Funding
INC Services (“Submissions”) provided by you to Ylos TradingFunding INC
are non-confidential and Ylos Trading Funding INC (as well as
anydesignee of Company) shall be entitled to the unrestricted use
anddissemination of these Submissions for any purpose, commercial or
otherwise,without acknowledgment or compensation to you.
PROHIBITED
ACTIVITIES
You may not access or use the Sites for any other
purposeother than that for which Ylos Trading Funding INC makes it
available. TheSites may not be used in connection with any commercial
endeavors except thosethat are specifically endorsed or approved by Ylos
Trading Funding INC. Prohibitedactivity includes, but is not limited
to:
1. attempting to impersonate another user or person or
usingthe username of another user
2. criminal or tortious
activity
3. attempting to bypass any measures of the Sites designed
toprevent or restrict access to the Sites, or any portion of the
Sites
4. deleting the copyright or other proprietary rights notice
from any Sites’ content
5. engaging in any automated use of the
system, such as usingany data mining, robots or similar data gathering
and extraction tools
6. harassing, annoying, intimidating or
threatening any Companyemployees or agents engaged in providing any
portion of the Company Services to you
7. interfering with,
disrupting, or creating an undue burden onthe Sites or the networks or
services connected to the Sites
8. making any unauthorized use of
the Company Services,including collecting usernames and/or email
addresses of users by electronic orother means for the purpose of
sending unsolicited email, or creating useraccounts by automated means
or under false pretenses
9. selling or otherwise transferring your
profile
10. systematic retrieval of data or other content from the
Sitesto create or compile, directly or indirectly, a collection,
compilation,database or directory without written permission from
Company
11. tricking, defrauding or misleading Company and other
users,especially in any attempt to learn sensitive account information
such aspasswords
12. using any information obtained from the Sites
in order toharass, abuse, or harm another person
13. using the
Company Services as part of any effort to competewith Company or to
provide services as a service bureau
14. using the Sites in a
manner inconsistent with any and allapplicable laws and regulations
15.
except as may be the result of standard search engine orInternet browser
usage, using or launching, developing or distributing any automated
system, including, without limitation, any spider, robot (or “bot”),
cheat utility, scraper or offline reader that accesses the Sites, or
using orlaunching any unauthorized script or other software
16.
deciphering, decompiling, disassembling or reverseengineering any of the
software comprising or in any way making up a part ofthe Sites
INTELLECTUAL
PROPERTY RIGHTS
The content on the Sites (“Ylos Trading
Funding INCContent”) and the trademarks, service marks and logos
contained therein(“Marks”) are owned by or licensed to Ylos Trading
Funding INC, and are subjectto copyright and other intellectual property
rights under United States andforeign laws and international
conventions. Ylos Trading Funding INC Content,includes, without
limitation, all source code, databases, functionality,software, Sites’
designs, audio, video, text, photographs and graphics. All YlosTrading
Funding INC graphics, logos, designs, page headers, button icons,scripts
and service names are registered trademarks, common law trademarks
ortrade dress of Ylos Trading Funding INC in the United States and/or
othercountries. Ylos Trading Funding INC trademarks and trade dress may
not be used,including as part of trademarks and/or as part of domain
names, in connectionwith any product or service in any manner that is
likely to cause confusion andmay not be copied, imitated, or used, in
whole or in part, without the priorwritten permission of the Ylos
Trading Funding INC.
Ylos Trading Funding INC Content on the
Sites is provided toyou “AS IS” for your information and personal use
only and may not be used,copied, reproduced, aggregated, distributed,
transmitted, broadcast, displayed,sold, licensed, or otherwise exploited
for any other purposes whatsoeverwithout the prior written consent of
the respective owners. Provided that youare eligible to use the Sites,
you are granted a limited license to access anduse the Sites and the
Ylos Trading Funding INC Content and to download or printa copy of any
portion of the Ylos Trading Funding INC Content to which you
haveproperly gained access solely for your personal, non-commercial use.
YlosTrading Funding INC reserves all rights not expressly granted to you
in and tothe Sites and Ylos Trading Funding INC Content and Marks.
COMMODITY FUTURES TRADING COMMISSION DISCLAIMER
Futures
trading has large potential rewards, but also largepotential risk. You
must be aware of the risks and be willing to accept them inorder to
invest in the futures and options markets. Don’t trade with money
youcan’t afford to lose. This website is neither a solicitation nor an
offer tobuy or sell futures and options. No representation is being made
that anyaccount will or is likely to achieve profits or losses similar
to thosediscussed on this website. The past performance of any trading
system ormethodology is not necessarily indicative of future results.
CFTC
RULE 4.41 – Hypothetical or simulated performanceresults have certain
inherent limitations. Unlike an actual performance record,simulated
results do not represent actual trading. Also, since the trades havenot
actually been executed, the results may have under- or over-compensated
forthe impact, if any, of certain market factors, such as lack of
liquidity.Simulated trading programs in general are also subject to the
fact that theyare designed with the benefit of hindsight. No
representation is being madethat any account will or is likely to
achieve profits or losses similar tothose shown.
HYPOTHETICAL
PERFORMANCE DISCLOSURE
Hypothetical performance results have
many inherentlimitations, some of which are described below. No
representation is being madethat any account will or is likely to
achieve profits or losses similar tothose shown; in fact, there are
frequently sharp differences betweenhypothetical performance results and
the actual results subsequently achievedby any particular trading
program. One of the limitations of hypotheticalperformance results is
that they are generally prepared with the benefit ofhindsight. In
addition, hypothetical trading does not involve financial risk,and no
hypothetical trading record can completely account for the impact
offinancial risk of actual trading. for example, the ability to
withstand lossesor to adhere to a particular trading program in spite of
trading losses arematerial points which can also adversely affect actual
trading results. Thereare numerous other factors related to the
markets.
TRAINING
Ylos Trading Funding INC is
involved in general training fortraders and investors. All Content and
data are provided for generalinformation only. The purpose of the
company is to select and develop talents.The company offers an
incentive-based form of compensation that can be paid totraders or
investors. Ylos Trading Funding INC does not provide live trading.The
company may provide materials, content, and data relating to trading
orinvesting. Ylos Trading Funding INC is not liable for any claims of
damages orlosses that might have appeared from any decision that may
happen based uponthe use of the content on YlosTrading.com. You should
consider that trading orinvesting is the right fit for you based on your
trading objective andexperience level. By choosing and engaging with any
of our programs andcontents you accept all liability and risks.
ALGORITHMS
AND AUTO TRADING
You agree to not abuse the company provided
serviceprograms. It includes but is not limited to using “scalping”
algorithms, DTCProtocol Bridge API or automated discretional trading in
any of the tradingenvironments. Open and close hundreds or thousands of
rapid trades by using anytrading algorithms.
Implementation
of reckless transactions in rough markets tobenefit from lack of
execution. If abuse is suspected, we reserve the right torefuse to claim
any profit.
In order to avoid performance discrepancy and/or
meetcompliance regulations, any third-party algorithms must be approved
from theYlos Trading management team.
THIRD PARTY WEBSITES
AND CONTENT
The Sites contains (or you may be sent through
the Sites orthe Ylos Trading Funding INC Services) links to other
websites (“Third PartyWebsites”) as well as articles, photographs, text,
graphics, pictures, designs,music, sound, video, information,
applications, software and other content oritems belonging to or
originating from third parties (the “Third PartyContent”). Such
Third-Party Websites and Third-Party Content are notinvestigated,
monitored or checked for accuracy, appropriateness, or completenessby
us, and we are not responsible for any Third Party accessed through
theSites or any Third-Party Content posted on, available through or
installed fromthe Sites, including the content, accuracy, offensiveness,
opinions,reliability, privacy practices or other policies of or
contained in theThird-Party Websites or the Third-Party Content.
Inclusion of, linking to orpermitting the use or installation of any
Third-Party Websites or anyThird-Party Content does not imply approval
or endorsement thereof by us. Ifyou decide to leave the Sites and access
the Third-Party Websites or to use orinstall any Third-Party Content,
you do so at your own risk and you should beaware that our terms and
policies no longer govern. You should review theapplicable terms and
policies, including privacy and data gathering practices,of any websites
to which you navigate from the Sites or relating to anyapplications you
use or install from the Sites. Any purchases you make throughThird Party
Websites will be through other websites and from other companies,and
Ylos Trading Funding INC takes no responsibility whatsoever in relation
tosuch purchases which are exclusively between you and the applicable
thirdparty.
SITE MANAGEMENT
Ylos Trading Funding
INC reserves the right but does nothave the obligation to:
1.
monitor the Sites for violations of this Agreement;
2. take
appropriate legal action against anyone who, in YlosTrading Funding INC
sole discretion, violates this Agreement, including withoutlimitation,
reporting such user to law enforcement authorities;
3. in Ylos
Trading Funding INC sole discretion and withoutlimitation, refuse,
restrict access to or availability of, or disable (to theextent
technologically feasible) any user’s contribution or any portion thereof
that may violate this Agreement or any Ylos Trading Funding INC
policy;
4. in Company’s sole discretion and without limitation,
noticeor liability to remove from the Sites or otherwise disable all
files andcontent that are excessive in size or are in any way burdensome
to Ylos TradingFunding INC’s systems;
5. otherwise manage the Sites
in a manner designed to protectthe rights and property of Ylos Trading
Funding INC and others and tofacilitate the proper functioning of the
Sites.
TERM AND TERMINATION
This Agreement shall remain
in full force and effect whileyou use the Sites or are otherwise a user
or member of the Sites, asapplicable. You may terminate your use or
participation at any time, for anyreason, by following the instructions
for terminating user accounts in youraccount settings, if available, or
by contacting us using the contactinformation below.
WITHOUT
LIMITING ANY OTHER PROVISION OF THIS AGREEMENT,COMPANY RESERVES THERIGHT
TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY,
DENYACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TOANY
PERSON FOR ANYREASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT
LIMITATIONFOR BREACH OF ANYREPRESENTATION, WARRANTY OR COVENANT
CONTAINED IN THISAGREEMENT, OR OF ANYAPPLICABLE LAW OR REGULATION, AND
COMPANY MAY TERMINATE YOURUSE ORPARTICIPATION IN THE SITES AND THE
COMPANY SERVICES, DELETEYOUR PROFILE AND ANYCONTENT OR INFORMATION THAT
YOU HAVE POSTED AT ANY TIME,WITHOUT WARNING, INCOMPANY’S SOLE
DISCRETION.
In order to protect the integrity of the Sites
and CompanyServices, Company reserves the right at any time in its sole
discretion toblock certain IP addresses from accessing the Sites and
Company Services.
Any provisions of this Agreement that, in
order to fulfillthe purposes of such provisions, need to survive the
termination or expirationof this Agreement, shall be deemed to survive
for as long as necessary tofulfill such purposes.
YOU
UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THISAGREEMENT,WITHOUT
ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TOMIDNIGHT OF
COMPANY’STHIRD BUSINESS DAY FOLLOWING THE DATE OF THIS
AGREEMENT,EXCLUDING SUNDAYS ANDHOLIDAYS. TO CANCEL, CALL A COMPANY
CUSTOMER CAREREPRESENTATIVE DURINGNORMAL BUSINESS HOURS USING THE
CONTACT INFORMATION LISTINGBELOW IN THISAGREEMENT OR BY ACCESSING YOUR
ACCOUNT SETTINGS. THISSECTION APPLIES ONLY TOINDIVIDUALS RESIDING IN
STATES WITH SUCH LAWS.
If Company terminates or suspends
your account for anyreason, you are prohibited from registering and
creating a new account underyour name, a fake or borrowed name, or the
name of any third party, even if youmay be acting on behalf of the third
party. In addition to terminating orsuspending your account, Company
reserves the right to take appropriate legalaction, including without
limitation pursuing civil, criminal, and injunctiveredress.
MODIFICATIONS
To
Agreement
Company may modify this Agreement from time to time. Any
andall changes to this Agreement will be posted on the Sites and
revisions will beindicated by date. You agree to be bound to any changes
to this Agreement whenyou use the Company Services after any such
modification becomes effective.Company may also, in its discretion,
choose to alert all users with whom itmaintains email information of
such modifications by means of an email to theirmost recently provided
email address. It is therefore important that youregularly review this
Agreement and keep your contact information current inyour account
settings to ensure you are informed of changes. You agree that youwill
periodically check the Sites for updates to this Agreement and you
willread the messages we send you to inform you of any changes.
Modifications tothis Agreement shall be effective after posting.
To
Services
Company reserves the right at any time to modify
ordiscontinue, temporarily or permanently, the Company Services (or any
partthereof) with or without notice. You agree that Company shall not be
liable toyou or to any third party for any modification, suspension or
discontinuance ofthe Company Services.
DISPUTES
Between
Users
If there is a dispute between users of the Sites, or
betweenusers and any third party, you understand and agree that Company
is under noobligation to become involved. In the event that you have a
dispute with one ormore other users, you hereby release Company, its
officers, employees, agentsand successors in rights from claims, demands
and damages (actual andconsequential) of every kind or nature, known or
unknown, suspected andunsuspected, disclosed and undisclosed, arising
out of or in any way related tosuch disputes and/or the Company
Services.
With Company
1. Governing Law; Jurisdiction.
This Agreement and allaspects of the Sites and Company Services shall be
governed by and construed inaccordance with the internal laws of the
State of Texas, withoutregard to conflict of law provisions. With
respect to any disputes or claimsnot subject to informal dispute
resolution or arbitration (as set forth below),you agree not to commence
or prosecute any action in connection therewith otherthan in the state
and federal courts located in Austin, State ofTexas, and you hereby
consent to, and waive all defenses of lack ofpersonal jurisdiction and
forum non conveniens with respect to, venue andjurisdiction in such
state and federal courts. Application of the UnitedNations Convention on
Contracts for the International Sale of Goods is excludedfrom this
Agreement. Additionally, application of the Uniform ComputerInformation
Transaction Act (UCITA) is excluded from this Agreement. In noevent
shall any claim, action or proceeding by you related in any way to
theSites or Company Services be instituted more than two (2) years after
the causeof action arose.
2. Informal Resolution. To expedite
resolution and controlthe cost of any dispute, controversy or claim
related to this Agreement(“Dispute”), you and Company agree to first
attempt to negotiate any Dispute(except those Disputes expressly
provided below) informally for at least thirty(30) days before
initiating any arbitration or court proceeding. Such
informalnegotiations commence upon written notice from one person to the
other.
3. Binding Arbitration. If you and Company are unable
toresolve a Dispute through informalnegotiations, either you or Company
may elect to have theDispute (except those Disputes expressly excluded
below) finally andexclusively resolved by binding arbitration. Any
election to arbitrate by oneparty shall be final and binding on the
other. YOU UNDERSTAND THAT ABSENT THISPROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Thearbitration shall be
commenced and conducted under the Commercial ArbitrationRules of the
American Arbitration Association (“AAA”) and, where appropriate,the
AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA
ConsumerRules”), both of which are available at the AAA website
www.adr.org. The determination of whether a Dispute is subject to
arbitration shall be governedby the Federal Arbitration Act and
determined by a court rather than anarbitrator. Your arbitration fees
and your share of arbitrator compensationshall be governed by the AAA
Consumer Rules and, where appropriate, limited bythe AAA Consumer Rules.
If such costs are determined by the arbitrator to beexcessive, Company
will pay all arbitration fees and expenses. The arbitrationmay be
conducted in person, through the submission of documents, by phone
oronline. The arbitrator will make a decision in writing, but need not
provide astatement of reasons unless requested by a party. The
arbitrator must followapplicable law, and any award may be challenged if
the arbitrator fails to doso. Except where otherwise required by the
applicable AAA rules or applicablelaw, the arbitration will take place
in Austin, State of Texas. Except asotherwise provided in this
Agreement, you and Company may litigate in court tocompel arbitration,
stay proceedings pending arbitration, or to confirm,modify, vacate or
enter judgment on the award entered by the arbitrator.
1.
Restrictions. You and Company agree that anyarbitration shall be limited
to the Dispute between Company and youindividually. To the full extent
permitted by law, (1) no arbitration shall bejoined with any other; (2)
there is no right or authority for any Dispute to bearbitrated on a
class-action basis or to utilize class action procedures; and(3) there
is no right or authority for any Dispute to be brought in a
purportedrepresentative capacity on behalf of the general public or any
other persons.
2. Exceptions to Informal Negotiations and
Arbitration. Youand Company agree that the following Disputes are not
subject to the aboveprovisions concerning informal negotiations and
binding arbitration: (1) anyDisputes seeking to enforce or protect, or
concerning the validity of any ofyour or Company’s intellectual property
rights; (2) any Dispute related to, orarising from, allegations of
theft, piracy, invasion of privacy or unauthorizeduse; and (3) any claim
for injunctive relief. If this Section is found to beillegal or
unenforceable then neither you nor Company will elect to arbitrateany
Dispute falling within that portion of this Section found to be illegal
orunenforceable and such Dispute shall be decided by a court of
competentjurisdiction within the courts listed for jurisdiction above,
and you andCompany agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
Occasionally there may be
information on the Sites thatcontains typographical errors, inaccuracies
or omissions that may relate toservice descriptions, pricing,
availability, and various other information.Company reserves the right
to correct any errors, inaccuracies or omissions andto change or update
the information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of
the contentavailable on the Sites. By operating the Sites, Company does
not represent orimply that Company endorses any blogs, contributions or
other content availableon or linked to by the Sites, including without
limitation content hosted onthird party websites or provided by third
party applications, or that Companybelieves contributions, blogs or
other content to be accurate, useful ornon-harmful. We do not control
and are not responsible for unlawful orotherwise objectionable content
you may encounter on the Sites or in connectionwith any contributions.
The Company is not responsible for the conduct, whetheronline or
offline, of any user of the Sites or Company Services.
YOU
AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICESWILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITSOFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
ORIMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND
YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANYMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OFTHE SITES CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO OUR SITES ANDASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (A) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS,
(B) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES,(C) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D)
ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR
COMPANYSERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BETRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F)
ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT
WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY
HYPERLINKED SITES OR FEATUREDIN ANY BANNER OR OTHER ADVERTISING, AND
COMPANY WILL NOT BE A PARTY TO OR INANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USEYOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS
OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS,
EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDINGLOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER
DAMAGES ARISING FROM YOUR USEOF THE SITES OR COMPANY SERVICES, EVEN IF
COMPANY HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, COMPANY’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OFTHE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IFANY, BY
YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 30
DAYSPRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT
ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS. IF YOUARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, WHICHSAYS: “A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOTKNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH, IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THEDEBTOR.”
INDEMNITY
You
agree to defend, indemnify and hold Company, itssubsidiaries, and
affiliates, and their respective officers, agents, partnersand
employees, harmless from and against, any loss, damage, liability,
claim,or demand, including reasonable attorneys’ fees and expenses, made
by any thirdparty due to or arising out of your contributed content, use
of the CompanyServices, and/or arising from a breach of this Agreement
and/or any breach ofyour representations and warranties set forth above.
Notwithstanding theforegoing, Company reserves the right, at your
expense, to assume the exclusivedefense and control of any matter for
which you are required to indemnifyCompany, and you agree to cooperate,
at your expense, with Company’s defense ofsuch claims. Company will use
reasonable efforts to notify you of any suchclaim, action, or proceeding
which is subject to this indemnification uponbecoming aware of it.
NOTICES
Except
as explicitly stated otherwise, any notices given toCompany shall be
given by email to the address listed in the contactinformation below.
Any notices given to you shall be given to the email addressyou provided
during the registration process, or such other address as eachparty may
specify. Notice shall be deemed to be given twenty-four (24) hoursafter
the email is sent, unless the sending party is notified that the
emailaddress is invalid. We may also choose to send notices by regular
mail.
USER DATA
Our Sites will maintain certain
data that you transfer tothe Sites for the purpose of the performance of
the Company Services, as wellas data relating to your use of the Company
Services. Although we performregular routine backups of data, you are
primarily responsible for all datathat you have transferred or that
relates to any activity you have undertakenusing the Company Services.
You agree that Company shall have no liability toyou for any loss or
corruption of any such data, and you hereby waive any rightof action
against Company arising from any such loss or corruption of suchdata.
ELECTRONIC CONTRACTING
Your use of the Company
Services includes the ability toenter into agreements and/or to make
transactions electronically. YOUACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT ANDINTENT TO BE BOUND BY AND TO
PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOURAGREEMENT AND INTENT TO BE
BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALLRECORDS RELATING TO ALL
TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANYSERVICES, INCLUDING
NOTICES OF CANCELLATION, POLICIES, CONTRACTS, ANDAPPLICATIONS. In order
to access and retain your electronic records, you may berequired to have
certain hardware and software, which are your soleresponsibility.
MISCELLANEOUS
This Agreement constitutes the
entire agreement between youand Company regarding the use of the Company
Services. The failure of Companyto exercise or enforce any right or
provision of this Agreement shall notoperate as a waiver of such right
or provision. The section titles in thisAgreement are for convenience
only and have no legal or contractual effect.This Agreement operates to
the fullest extent permissible by law. ThisAgreement and your account
may not be assigned by you without our express writtenconsent. Company
may assign any or all of its rights and obligations to othersat any
time. Company shall not be responsible or liable for any loss,
damage,delay or failure to act caused by any cause beyond Company’s
reasonablecontrol. If any provision or part of a provision of this
Agreement is unlawful,void or unenforceable, that provision or part of
the provision is deemedseverable from this Agreement and does not affect
the validity andenforceability of any remaining provisions. There is no
joint venture,partnership, employment or agency relationship created
between you and Companyas a result of this Agreement or use of the Sites
and Company Services. UponCompany’s request, you will furnish Company
any documentation, substantiationor releases necessary to verify your
compliance with this Agreement. You agreethat this Agreement will not be
construed against Company by virtue of havingdrafted them. You hereby
waive any and all defenses you may have based on theelectronic form of
this Agreement and the lack of signing by the parties heretoto execute
this Agreement.
CONTACT US
In order to resolve a
complaint regarding the CompanyServices or to receive further
information regarding use of the CompanyServices, please contact Company
as set forth below:
support@ylostrading.com
