Built by Traders, for Traders
Ross Givens
Stock Trader & Educator
Built by Traders, for Traders
Ross Givens
Stock Trader & Educator
These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software (including the InsidersIQ platform), applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Services”), that are owned, operated, or provided by Traders Agency, LLC or its subsidiaries, divisions, and affiliates (collectively, “Traders Agency,” “Company,” “we,” or “us”).
Traders Agency offers the Services, including all information, tools, services, goods, and products available through the Services, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before making any transaction with us or otherwise using the Services.
THE SERVICES, INCLUDING INSIDERSIQ, ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INVESTMENT ADVICE. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. TRADING IN FINANCIAL MARKETS INVOLVES A HIGH DEGREE OF RISK AND CAN RESULT IN SIGNIFICANT LOSSES, INCLUDING THE LOSS OF YOUR ENTIRE INVESTMENT. SEE OUR RISK DISCLAIMER FOR MORE INFORMATION.
By making any transaction or by visiting or otherwise using the Services, you acknowledge, accept, and agree to be bound and abide by these Terms and our Privacy Policy (which is incorporated herein by reference), both on your behalf, and, as applicable, on behalf of the company, government agency, or juridical entity that you are affiliated or associated with, and you represent and warrant that you have the authority to bind such entity to our Terms and Privacy Policy. If you do not have such authority, or if you do not agree to these Terms or our Privacy Policy, then accessing the Services is strictly prohibited, and you must immediately exit and cease using the Services.
By using the Services, you further agree that you are at least eighteen years of age and are the legal age of majority in the jurisdiction in which you reside. No person under the age of eighteen is permitted to provide their personal information in any capacity through the Services, even if they have obtained parental consent to do so. The Services are only offered and available to users who are at least eighteen years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Services. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the latest revision to these Terms is available at the top of this page.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICES, ARE LEGALLY BINDING, LIMIT TRADERS AGENCY’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY US AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICES AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICES.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
We reserve the right to withdraw or amend our Services at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the Services, to certain users.
To access or use the Services, you may be asked to provide certain registration details or other information, or may be provided with a username, password, or other similar credentials as part of our security procedures.
As a condition of your use of the Services, you agree:
that you will not utilize any automated means to use or access the Services in whole or in part;
that you are prohibited from using or accessing the Services if you are a person or entity barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use or access the Services;
to maintain the confidentiality of any account, and any associated credentials, you use on or for the Services and any information related thereto, as applicable;
that your account and credentials are for your single, personal use only, and you are strictly prohibited from sharing your username, password, or access credentials with any other person;
that any information that you provide on the Services will be correct, current, and complete;
that you are solely responsible for all access to and use of the Services by anyone using your account or other identification or credentials, on or for the Services, whether or not such access to, and use of, the Services is actually authorized by you;
to notify us immediately of any unauthorized use of the Services, including any compromise of your account information or other identification or credentials, as applicable, and any other breach of security;
to promptly change your password, or other similar credentials, if you suspect it has been compromised; and
not to sell, transfer, or assign your account or credentials, or any rights therein.
Traders Agency is not responsible for any unauthorized accounts that may appear on the Services, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We further reserve the right to take any action we deem necessary or reasonable to maintain the security of the Services or of any account, including without limitation, suspending, or terminating an account or a user’s access to the Services. While we will take prudent steps to protect all accounts and the security of information on the Service, you understand that we cannot protect your information outside of the Services.
You also understand and agree that Traders Agency may assume that any transaction, order, purchase, or communications we receive through your account or credentials have been made or authorized by you. Traders Agency expressly disclaims any liability from misuse of any and all accounts or credentials, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account or other identification or credentials; or (iii) any unauthorized access or use of your account or credentials. You agree to defend, indemnify, and hold Traders Agency harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by Traders Agency arising out of your breach of these Terms or violation of applicable law, your use or access of the Services, or access by anyone accessing the Services using your account or other identification or credentials.
All information that you provide to us, including, but not limited to, through the use of any interactive features on the Services, or that we otherwise collect on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Some features of the Services may require you to make certain payments—for example, to purchase products or services from Traders Agency. Traders Agency reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. By confirming any transaction, order, or purchase, you agree to accept and pay all costs and fees, including but not limited to any applicable taxes and shipping or handling fees.
Unless expressly stated otherwise in a specific offer or required by applicable law, ALL SALES ARE FINAL. We do not offer returns or refunds on software, digital products, or data subscriptions once the Services have been made available to you. Refunds are processed only if required by law or a separate written agreement.
Traders Agency may use third party services to process payments, which have their own separate terms of service. While Traders Agency will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, Traders Agency expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold Traders Agency harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account or termination of your access to and use of the Services. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason, including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
We offer our customers a subscription option that is an automatic, recurring subscription to our products in a frequency, quantity, and variety of their choosing based on the options available (each a “Subscription”). You can find specific details regarding your Subscription by logging into your account and accessing the “Manage Subscriptions” page or by emailing us at support@tradersagency.com with your order number(s) and email address.
By purchasing a Subscription, you acknowledge and agree that PAYMENTS ARE CHARGED ON THE DAY YOU SIGN UP FOR THE SUBSCRIPTION AND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT EITHER A MONTHLY, BI-MONTHLY, QUARTERLY, OR ANNUAL FREQUENCY, DEPENDING ON THE SUBSCRIPTION OPTION YOU SELECT, AT THE PRICE PRESENTED TO YOU AT CHECKOUT, WHICH WILL DEPEND ON THE PRODUCT YOU DECIDE TO PURCHASE AND ANY APPLICABLE TAX.
We may offer Subscriptions that begin with a free trial or a gift period. If you sign up for such a Subscription, you will not be charged until the free trial or gift period ends. However, unless you cancel before the end of the trial or gift period, your Subscription will automatically convert into a paid, automatically renewing Subscription, and your payment provider will be charged at the applicable Subscription Fee plus any taxes, as described in these Terms.
YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS.
You further acknowledge and agree that your Subscription has an initial and recurring fee (“Subscription Fee”), which shall be determined by the quote accepted by and provided to you when you purchase a Subscription. By purchasing a Subscription, you accept responsibility for, and agree to pay, all Subscription Fees, plus any applicable tax, prior to cancellation of your Subscription. You affirmatively and expressly authorize us to charge your payment provider when your Subscription begins, and again at the beginning of any subsequent renewal term. If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of the Services.
Upon renewal of your Subscription, if Traders Agency does not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and (b) you agree that Traders Agency may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
The specific dollar amount charged for repeat deliveries may differ from the amount charged for the initial Subscription order or other repeat deliveries if coupon or promo codes are used or if prices are updated by Traders Agency.
If the regular price to renew your Subscription increases, or any terms regarding the automatic renewal or your Subscription changes, Traders Agency will notify you of any such increase or change in writing prior to the commencement of the next renewal term to or in which the increase or change applies.
YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID INCURRING A SUBSCRIPTION FEE FOR THE NEXT RENEWAL TERM. You may cancel your Subscription at any time. The account will remain active for the remainder of your billing cycle, but you will not be charged for the next renewal term unless you purchase another Subscription.
If you want to cancel your subscription, please log in to your account, go to the “Manage Subscriptions” page, and select the Subscription you would like to cancel
. You may also contact us at support@tradersagency.com. If you choose to cancel your Subscription prior to the next renewal period, we will terminate your Subscription and will not charge your payment provider for the subsequent renewal period.
You agree that we may either terminate or suspend your Subscription for any reason at any time in our sole discretion. You will not be responsible for payment of any Subscription terminated or suspended by us.
If you have any questions about automatic renewal, your Subscription, or our cancellation procedures, please contact us at support@tradersagency.com.
The Services may provide links to other third-party websites (“Linked Sites”). Traders Agency has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site, or the privacy policies of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. Traders Agency is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Traders Agency of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Traders Agency.
If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. Traders Agency makes no representation or warranty as to any Linked Site content, products, or services, and you agree that Traders Agency shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY LINKED SITE.
The Services and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by Traders Agency, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.
These Terms grant you a limited, revocable, nontransferable, nonexclusive license to use the Services and Content solely for your own personal, non-commercial use. You understand and agree that this license is not a transfer of title, right, or interest in the Services or Content, and that you are strictly prohibited from copying, modifying, recording, screen capturing, reproducing, publicly displaying, or attempting to decompile or reverse engineer the Services or Content; using the Services or Content for any commercial purpose (except as otherwise permitted by Traders Agency); removing any copyright, trademark, or other proprietary notations from the Services or Content; and otherwise infringing upon the intellectual property rights of Traders Agency or its licensors.
This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by Traders Agency at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format and immediately cease all access and use of the Services. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by Traders Agency.
Traders Agency owns and uses several trademarks on the Services, along with related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of Traders Agency. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Traders Agency attempts to ensure that information on the Services is complete, accurate, and current. However, despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. Additionally, while Traders Agency makes all reasonable efforts to accurately display the attributes of its Services, we cannot and do not guarantee that any device will accurately display such attributes.
Financial and Trading Disclaimers:
The Services, including InsidersIQ and our educational materials, are provided for educational and informational purposes only.
Traders Agency is not a financial advisor, investment advisor, or commodity trading advisor. We do not provide personalized investment advice or act as a fiduciary. Past performance is not indicative of future results. Trading in financial markets (stocks, options, futures, forex) involves a high degree of risk and can result in significant losses, including the loss of your entire investment. You are solely responsible for your own investment decisions. You should consult with your own legal, tax, and financial advisors before engaging in any transaction. See our
Risk Disclaimer
for more information.
Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on the Services, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Services is made available solely for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
We reserve the right to modify our Content and the Services at any time, but we have no obligation to update our Content or Services. You agree that it is your responsibility to monitor changes to our Content and our Services.
Creating or maintaining any link to any page or portion of the Services, or running or displaying the Services or any Content in any format without Traders Agency’s prior written permission, is strictly prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to this Services, you must also do so in a way that is fair and legal and complies with our Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must also comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Services or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Traders Agency, a Traders Agency employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Traders Agency or users of the Services, or expose them to liability.
Additionally, you agree not to:
The Services may now or in the future contain interactive features that allow users to post, submit, publish, display, or transmit to Traders Agency, other users, or other persons content or materials (collectively, “User Contributions”) on or through the Services. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through our Services in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.
Your User Contributions may be provided to Traders Agency, posted, or otherwise transmitted to others at your own risk. We cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely. By submitting any User Contributions, you grant to Traders Agency a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you.
To the extent that your User Contributions contain a third party’s personal information, you warrant and agree that you have the third party’s consent to provide such information, that the third party is at least eighteen years of age, and that the third party is a legal resident of the United States.
You further represent and warrant that:
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Traders Agency complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
DMCA Takedown Notices
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Services. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
Any such counter notification must be sent to the same DMCA Agent address listed above.
Deepfake Complaints and Takedown Process
Traders Agency complies with the notice-and-takedown procedures of “altered sexual depictions” or “deepfakes” under applicable law, including Florida Statutes section 836.13, known as Brooke’s Law. Please note that any notice you submit must include all of the following:
Any such removal requests must be sent to support@tradersagency.
comwith the subject line “Deepfake Takedown Notice”. Upon receiving a valid removal request, we shall, within 48 hours, remove the altered sexual depiction and make reasonable efforts to identify and remove any known identical copies of such depiction.
Traders Agency is based in the United States; as such, we provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Marketing Messages and Opting-In
Traders Agency offers a mobile marketing messaging program in connection with the Services (the “Program”), where, if you opt-in to the Program, you agree to these Terms and to receive marketing text messages from us through our third-party service provider. Opting-in to the Program is optional and not a condition of any purchase or submission of any application. The Program allows you to receive SMS/MMS mobile marketing messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. Service-related messages may also include updates, alerts, and information (e.g., order updates, account alerts, etc.).
Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded mobile marketing messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
Data obtained from you in connection with the Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.
Mobile Messaging Opt-Out (Marketing and Transactional Messages)
If you do not wish to continue participating in the Program, or if you have received transactional or other non-marketing SMS/MMS text messages from Traders Agency and you wish to opt-out of the receipt of additional SMS/MMS text messages, you may reply “STOP” to any mobile message from us in order to opt out of the Program or in order to opt-out of the receipt of transactional or other non-marketing SMS/MMS text messages. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. For support regarding the Program, text “HELP” to the number you received messages from or email us at support@tradersagency.com.
Telemarketing Law Compliance
We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), and its state equivalents. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of your opt-in to the Program, (1) your mailing or shipping address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Program is an area code for that state.
You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” (e.g., for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616)), “telephone solicitation” (e.g., for purposes of the TCPA and state laws such as the Utah Telephone and Facsimile Solicitation Act and Washington Commercial Telephone Solicitation Act), or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.
YOUR USE OF THE SERVICES IS AT YOUR RISK. THE SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, TRADERS AGENCY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHICH MAY BE IMPLIED BY LAW. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ADDITIONALLY, IN NO EVENT WILL TRADERS AGENCY OR ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF TRADERS AGENCY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
THE MAXIMUM LIABILITY OF TRADERS AGENCY AND ITS RESPECTIVE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Traders Agency and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Services, including use of any good, product, or service purchased through the Services, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Services (c) your violation of any law or the rights of a third-party, (d) the acts or omissions of any other user or third party, or (e) any claims, damages, charges of discrimination, demands, losses, liabilities and causes of action, of any type, that any current or former employee, consultant, or contractor may raise or allege that use of the Services or any hiring decision based in any way upon use of the Services violates any federal, state, or local statutes, ordinances, or common law. If you fail to promptly indemnify and defend a covered claim, Traders Agency shall have the right to defend itself, and in such case, you shall promptly reimburse Traders Agency for all of its associated costs and expenses. Traders Agency reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by
JAMSor its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at
www.jamsadr.com.
If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time.
This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.
Class Waiver
REGARDLESS OF WHETHER A DISPUTE IS BROUGHT IN ARBITRATION OR BEFORE A COURT, YOU AGREE THAT YOU WILL SEEK LEGAL RELIEF ONLY ON BEHALF OF YOURSELF AND NOT ON BEHALF OF, ANY CLASS OR CLASSES OF PERSONS, AND THAT YOU WILL NOT PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION PROCEEDING.
The failure of Traders Agency to enforce any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Traders Agency regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.
Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Orange County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non convenient or otherwise.
Our Services are operated by Traders Agency, LLC. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
Traders Agency, LLC20 North Orange Avenue, Unit 1100
Orlando, Florida 32801
support@tradersagency.com