EFFECTIVE DATE: May 1, 2014
These Terms apply to http://www.powertraderedge.com/ and all other Power Trader web sites, features, applications, online services, forums, chats, third-party social media web sites, online communities and other functionality made available on or through http://www.powertraderedge.com/, whether accessed via computer, mobile device or otherwise (collectively, the “Power Trader Website”). The Power Trader Website includes, without limitation: individual items within databases or services that may constitute independent works of authorship; documentation, including user manuals, operations manuals and the like provided to you by or for Power Trader, for use in connection with the Power Trader Website; and courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by Power Trader or obtained through the Power Trader Website.
The Power Trader Website is owned or controlled by Power Trader. Website, software, hosting and other functions and content may be provided to Power Trader by third-party service providers or other companies affiliated with Power Trader or by companies that Power Trader has engaged to provide products and services.
I. Permission and Certain Conditions Concerning Use of Power Trader Website.
Power Trader hereby grants you permission to use the Power Trader Website as set forth in these Terms. Your use of the Power Trader Website is by revocable license. Power Trader at any time may revoke at any time and for any reason, with or without notice, permanently terminate Your license to use and access to the Power Trader Website. Your license to use the Power Trader Website is non-assignable, non-transferable, and possesses no actual or expectant economic value.
If Power Trader provides You with a user log-in to access the Power Trader Website, You may not allow simultaneous use of the Power Trader Website by multiple users utilizing the log-in access provided to you, or allow another person or entity to use your log-in to access the Power Trader Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Power Trader Website in a manner that sends more request messages to the Power Trader servers in a given period of time than a human being can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Power Trader grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Power Trader reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) from the Power Trader Website, nor use the communication systems provided by the Power Trader Website for any commercial solicitation purposes, including without limitation to solicit any users of the Power Trader Website.
You agree not to (a) interfere with or disrupt the Power Trader Website or any Power Trader Website servers or networks or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, NYSE Euronext or the NASDAQ, and any regulations having the force of law.
You agree that you will not access or otherwise use the Power Trader Website in any unlawful manner, for any unlawful purpose, or in violation of these Terms.
II. Ownership and Intellectual Property Rights.
The Power Trader Website (including current, past and future versions) including without limitation, content, written text, graphics, photos, charts, layout, style, color, logos, symbols, names, design, object code, internal code, meta-code, meta-data, URL addresses, domain names, and “look and feel” of the Power Trader Website, and all protectable intellectual property, including without limitation, trademarks, service marks, trade names, copyrights, trade secrets, algorithms, patents, proprietary processes, or any other protectable intellectual property, whether or not registered, are the valuable, exclusive property of Power Trader or its licensors, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions (“Content”). Nothing in these Terms may be construed as transferring or assigning any ownership rights in such property to you or any other person or entity.
You have a license to use the Power Trader Website as long as you comply with the terms of these Terms or until Power Trader terminates these Terms or your access rights. Content on the Website is provided to you “AS IS” for your information and personal use only. You may not use, copy, alter, adapt, reproduce, display, distribute, transmit, broadcast, sell, license, publish, rent, lease, sublicense, transfer or otherwise exploit the Power Trader Website Content for any purpose whatsoever without the prior written consent of Power Trader or as expressly provided herein. Power Trader reserves all rights not expressly granted in and to the Website and Content contained therein.
You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the Power Trader Website. You agree to not circumvent, disable or otherwise interfere with security related features of the Power Trader Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Power Trader Website or the Content therein. You will not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Power Trader Website or reverse engineer, modify or attempt to discover any source code associated with the Power Trader Website.
III. Rules of Conduct.
The Power Trader Website is designed to help you gain insight into equity and option trading, and investment trading. By using the Power Trader Website, you are responsible for complying with all applicable laws, rules and regulations, and agree to abide by the following rules (“Rules of Conduct”):
- Do not actually, or attempt to, violate any state or federal laws, rules or regulations;
- Do not make comments that actually, or may be construed to, contain derogatory, profane, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, hateful, racist, sexist, or homophobic language or content, or are otherwise objectionable;
- Do not actually, attempt to, or use or post any content that belongs to other people and pass it off as your own;
- Do not actually, or attempt to, imply or state, directly or indirectly, that you are affiliated with or endorsed by Power Trader or any of its parent, affiliate or subsidiary companies.
- Do not actually, or attempt to, use the Power Trader Website to harass or stalk any person;
- Do not actually, or attempt to, disrupt other users’ enjoyment of the Power Trader Website;
- Do not actually, or attempt to, post under another person’s name or impersonate another person or entity on the Power Trader Website or otherwise misrepresent yourself;
- Do not actually, or attempt to, make postings that infringe on any state or federal intellectual property rights of another person or entity;
- Do not actually, or attempt to, make postings that may be considered spamming or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
- Do not actually, or attempt to, make postings that contain viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware;
- Do not actually, or attempt to, make postings that interfere with the operation of the Power Trader Website, such as broadcast attacks, or attempt to overload the system;
- Do not actually, or attempt to, make postings that contain trade secrets, inside information, proprietary information, or other confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement;
- Do not actually, or attempt to, make postings that violate U.S. export laws;
- Do not actually, or attempt to, use the Power Trader Website to discuss how to commit illegal acts or encourage illegal activity of any kind, including any matters that would violate state or federal securities or antitrust laws;
- Do not actually, or attempt to, use the Power Trader Website to discuss pricing or suggest any recommendation to buy or sell any securities;
- Do not actually, or attempt to, use the Power Trader Website to divulge, discuss or post any “insider” trading information;
- Do not actually, or attempt to, use the Power Trader Website in any commercial manner (this includes if you trade on behalf of or manages investment accounts for another person or entity, regardless of whether or not you are lawfully licensed to do so); and
- Do not post pictures, videos or images that contain individuals other than you or that constitute a trademark or copyright violation.
Your use of the Power Trader Website is permitted solely for your personal, noncommercial use. The Power Trader Website may not be used in any commercial activity, to solicit business or promote any business ventures for You or any third-party, to promote any charity, or by Power Trader’s or its affiliate’s competitors.
IV. Refund Policy.
Under limited defined circumstances, Power Trader may offer You a refund (“30 Day Money Back Guarantee”). Any refund offered by Power Trader is limited to and subject to the policies outlined below (“Refund Policy”). The terms of the 30 Day Money Back Guarantee as to certain Power Trader product(s) or service(s) are as follows:
- Concerning a subscription to access the Power Trader Website, You are free to cancel at any time in the first thirty (30) calendar days from your first day of receiving a log-in to access the Power Trader Website for a no questions asked refund;
- Concerning books, DVDs and other printed educational materials, You are free to request at any time in the first thirty (30) calendar days from the date of receipt any books, DVDs or other educational materials for a no questions asked refund; any books, DVDs or other educational materials in which You request a refund must be unopened and in new, unused, condition; You must return the books, DVDs or other educational materials in which a refund is sought to Power Trader postage prepaid;
- Concerning the Power Trader digital home study course, You are free to request at any time in the thirty (30) calendar days from the date of receiving access, or log-in, to the Power Trader digital home study course for a no questions asked refund; any physical materials associated with the Power Trader digital home study course must be returned in new, unused, condition to Power Trader postage prepaid;
- Your request for a refund must be sent in writing to email@example.com;
- You must have complied with these Terms at all times to qualify for a refund; and
- Any refund excludes shipping and handling costs incurred by Power Trader.
Any refund, if applicable, for coaching or mentoring offered by Power Trader is subject to its own restrictions, terms and conditions. The above Refund Policy constitutes the entire extent of any and all refunds offered by Power Trader. No other promise of refund made, whether or not verbal or written, may supersede or modify the Power Trader Refund Policy. Any other refund offered by Power Trader, its affiliates, and their officers, managers, shareholders, owners, employees, agents, representatives, vendors, subcontractors and other related third-parties is discretionary, without consideration, and legally non-binding.
V. Monitoring and Enforcement.
You are solely responsible for use of the Power Trader Website or interaction with other Power Trader users, whether online or offline. Power Trader is not responsible or liable for the conduct of any user.
Power Trader reserves the right, but has no obligation, to monitor any and all use of and information transmitted or received through the Power Trader Website. Power Trader, in its sole discretion and without further notice to you, may review, censor or prohibit any activities that Power Trader determines violates any term or condition of these Terms, including by revoking user access.
You grant Power Trader without additional notice permission to record and monitor any telephone or electronic communication for quality assurance purposes.
Power Trader at its sole discretion without notice may remove any content or setting You post or store on the Power Trader Website.
VI. Content is for Informational Purposes; Not Investment Advice; Securities Risk Disclaimer.
The information contained, provided or shared through the Power Trader Website, is for informational purposes ONLY. Such information is not intended to be financial or investment advice of any kind.
The results of any testimonial provided on the Power Trader Website are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.
NEITHER POWER TRADER NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN ANY TESTIMONIALS.
Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any member of the Community may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice. Power Trader (including www.powertraderedge.com), its affiliates, and their officers, managers, shareholders, owners, employees, agents, representatives, vendors, subcontractors and other related third-parties are not stock brokers, investment advisors, or a securities brokerage. Accordingly, any decision by You to embark upon trading with real funds based on any information contained on the Power Trader Website is done by Your own sole decision and responsibility, and any subsequent profits or losses resulting from trading in any investment market with real funds, rests solely with You, and not with Power Trader (including www.powertraderedge.com), its affiliates, and their officers, managers, shareholders, owners, employees, agents, representatives, vendors, subcontractors and other related third-parties.
Securities trading and other investment trading can involve high risk and result in the loss of all amounts invested. Securities trading and other investment trading on margin or with other forms of leverage or borrowing can also result in losses in excess of the amount invested. Securities trading and other investment trading may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. No information contained on the Power Trader Website is meant to constitute financial or investment advice. You, and you alone, are exclusively and solely responsible and liable for any and all trading decisions, investment transactions and investment suitability.
The risk of securities trading or other investment trading includes, but not limited to the following risks: You may lose all of your money invested. Past performance does not necessarily predict or indicative of future results. Hypothetical or simulated performance does not predict and is not indicative of future results. Investment markets and your investments may be effected by natural, economic and political calamities. Don’t enter any trade without fully understanding the worst-case scenarios of that trade. Do NOT trade with money you cannot afford to lose. Stock and/or trading related information may be delayed by 15 minutes or greater. All stock and trading information is transmitted through third-parties, which may be delayed, inaccurate or contain errors.
VII. Links to Third-Party Websites.
The Power Trader Website, or communications you receive from the Power Trader Website, may contain links to certain third party websites or online features that are not owned, controlled, or endorsed by Power Trader. Power Trader has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE POWER TRADER WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. By using the Power Trader Website you specifically release Power Trader from any and all liability arising from your use of any third party website.
VIII. Procedure for Reporting Violations of these Terms.
Feedback, including reporting violations of these Terms, regarding the Power Trader Website, its use or application, or other Power Trader products or services can be submitted to: firstname.lastname@example.org.
IX. Your Personal Information.
By registering, accessing the Website, using Power Trader products and/or services, or contacting us, You will be supplying Power Trader with “personal information.” Power Trader collects this to administer and help You use its products and/or services, send log-in information, send you emails and marketing offers, contact you, and stay in touch with you. You expressly consent to Power Trader’s and its affiliate’s use of your personal information. You further expressly consent to receive solicitations, emails and marketing offers from Power Trader and its affiliates.
Your personal information is not privileged. Power Trader may release information concerning your use of the Website or disclosure of your personal information when Power Trader believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms, to protect Power Trader’s rights or property, or to protect other users from fraudulent, abusive, or unlawful use of the Website or if Power Trader believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records immediately.
X. Service Delays; Force Majeure.
Power Trader, its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) are not responsible for any damages, loss or liability for any delays or failures of its products or services, including but not limited to the Power Trader Website, to the extent that such failure is due to acts of God, acts of war, governmental acts, fire, sabotage, strikes, internet failure, power failure, natural calamities, political calamities, riots, strikes or labor difficulties, severe weather conditions, delays in transportation, delays in suppliers or subcontractors, errors by third-party suppliers or any other event beyond Power Trader’s control. Power Trader shall have no responsibility to provide you access to the Power Trader Website while interruption of the Power Trader Website due to any such or similar cause shall continue.
XI. Equipment and Operation.
You are responsible for providing and maintaining all telephone, cable, fiber optic, broadband and other equipment necessary to access the Power Trader Website. The costs of any such services and/or equipment, including any applicable taxes, shall be borne solely by you. You are obligated to pay Power Trader for your use of the Power Trader Website and any other products and/or services purchased, and be billed in accordance with the fees set by Power Trader. The fees to access the Power Trader Website are subject to change without prior notice. You are obligated to pay all fees at the existing rates as a perquisite to access, or continued access, to the Power Trader Website and any other products and/or services offered by Power Trader.
You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the Power Trader Website. Power Trader reserves the right to refuse assistance or to charge additional fees if you seek assistance from representatives for Power Trader with respect to such basic background information or any other matters not directly relating to the operation of the Power Trader Website. Neither Power Trader nor its affiliates or licensors shall have any responsibility to provide you with alternate access to the Power Trader Website if your access is interrupted due to a breakdown or failure of your equipment.
XII. Warranty Disclaimer.
You acknowledge that the information provided through the Power Trader Website is compiled from sources, which are beyond the control of Power Trader. You further acknowledge that inaccuracies may occur and Power Trader and its licensors do not warrant the accuracy, reliability or suitability of the information for any particular purpose. The information is provided by Power Trader and its licensors for your information only, and is not intended for trading purposes. Information on this site is does not constitute advice (investment, financial, tax, or legal) nor does such information include recommendations regarding particular financial instruments, investments or products. Neither Power Trader nor its licensors shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. Power Trader makes reasonable efforts to obtain reliable content from third parties, but Power Trader does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The Power Trader Website may point to other websites that may be of interest to you; however, Power Trader does not endorse or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE POWER TRADER WEBSITE IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. POWER TRADER AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM, USAGE OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MORE PARTICULARLY, POWER TRADER, ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT:
- THAT THE POWER TRADER WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
- THAT THE ACCESS OR USE OF THE POWER TRADER WEBSITE WILL BE ERROR-FREE; OR
- THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE POWER TRADER WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE, INDEPENDENT FROM THE PRODUCTS OR SERVICES PROVIDED BY POWER TRADER, FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH YOUR USE OF THE POWER TRADER WEBSITE AND/OR POWER TRADER PRODUCTS OR SERVICES.
XIII. Limitation of Liability; Disclaimer of Certain Damages.
NONE OF POWER TRADER NOR ANY OF ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, VENDORS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS OR LICENSORS ARE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF THE POWER TRADER WEBSITE AND/OR ANY POWER TRADER PRODUCT OR SERVICE.
YOU ALSO AGREE THAT POWER TRADER AND ITS AFFILIATES (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) ARE NOT IN ANY EVENT LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE POWER TRADER WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF POWER TRADER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF POWER TRADER OR ITS AFFILIATES BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF POWER TRADER OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY IS COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, AS PERMITTED BY LAW, THE AGREED CONSEQUENTIAL AND INCIDENTAL DAMAGES TO YOU IS THE TOTAL AMOUNT OF MONEY YOU HAVE ACTUALLY PAID TO POWER TRADER.
YOU ACKNOWLEDGE AND AGREE THAT POWER TRADER WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE POWER TRADER WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD POWER TRADER HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE YOUR DISCONTINUANCE OF USING THE POWER TRADER WEBSITE AND/OR POWER TRADER PRODUCTS OR SERVICES, AND TERMINATION OF THESE TERMS.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS POWER TRADER, ITS AFFILIATES AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, VENDORS OR SUBCONTRACTORS) FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THESE TERMS ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE COMMUNITY, THE POWER TRADER WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE POWER TRADER WEBSITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS POWER TRADER AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, VENDORS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS OR LICENSORS FROM ANY CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (AS INCURRED, INCLUDING ATTORNEY FEES) ARISING FROM A) YOUR USE OF THE POWER TRADER WEBSITE, B) ANY POWER TRADER PRODUCTS OR SERVICES, AND C) YOUR FAILURE TO COMPLY WITH THESE TERMS.
Power Trader may, without liability or prior notice, immediately terminate your user account and access to the Power Trader Website in its sole discretion. Termination of your user account includes: (a) removal of access to all pages within the Power Trader Website; (b) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Power Trader Website or other Power Trader products or services. Further, you agree that all terminations for cause shall be made in Power Trader’s sole discretion and that Power Trader shall not be liable to you or any third party for any termination of your user account, any associated email address, or access to the Power Trader Website. THE PROVISIONS CONTAINED IN SECTION XIII (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OF THESE TERMS. Termination, suspension, or cancellation of these Terms or your access to the Power Trader Website will not affect any right or relief to which Power Trader may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Power Trader and its licensors.
XVI. Export Regulations.
Software related to or made available by the Power Trader Website may be subject to United States export controls. You warrant and agree to comply with all U.S. export laws, rules and regulations. Further, no software associated with any Power Trader product or service, or the Power Trader Website, may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Power Trader Website, 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. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Power Trader Website and access software.
XVII. Terms Supersede and Govern.
If there is any conflict between these Terms, any purchase order, any help text, manuals or other documents relating to the Power Trader Website, or other Power Trader products or services, these Terms govern, whether such order or other document is prior to or subsequent to these Terms, or is signed or acknowledged by any director, officer, employee, representative or agent of Power Trader.
XVIII. Governing Law; Limitations; Venue.
These Terms shall be governed by the laws of the State of Utah without regard to conflicts of law principals which might otherwise apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Power Trader Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Utah, and you agree to submit to the exclusive personal jurisdiction of such courts of the State of Utah as your agent for service of process.
If Power Trader takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, Power Trader shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney’s fees and all costs of any litigation.
XIX. Elective Arbitration.
In the event of any dispute concerning or arising under these Terms, or Your use of the Power Trader Website and/or any other Power Trader products or services, Power Trader at its sole election may give notice and require any dispute between You and Power Trader to be resolved through binding arbitration. Any arbitration shall be governed by the rules of the American Arbitration Association.
These Terms, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by Power Trader without restriction.
If any section or provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way and enforced to the greatest extent possible to enforce the terms, intent and purpose of these Terms.
XXIII. Entire Agreement.
These Terms constitute the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.
Any notice or inquiry to Power Trader, excluding those required by certain legal procedural rules, may be directed to Power Trader’s attention as follows:
Power Trader LLC
2300 North 1200 East, Suite 201,
Lehi UT 84043