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Trading Volatility LLC (referred to as "Trading Volatility", the "Company", "We", "Our") provides a trading assistance platform (the "Site", "Platform"). By using our services, you agree to comply with and be bound by the following terms and conditions. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content who use the services provided by Trading Volatility. Please review the following terms carefully.
By proceeding, you represent that: (1) you have read, understand, and agree to be bound by these Terms of Use; (2) you are of legal age to form a binding contract with COMPANY; and (3) you have the authority to enter into the Terms of Use personally or on behalf of the company you have named as the user, and to bind that company to these Terms of Use. The term "you" refers to the individual or company, as applicable, identified as the user when you registered on our Site.
Our platform operates as a trading assistance platform that provides information and tools to help users automate trading strategies for securities, options, and futures.
With our platform, Users are able to create, execute, and manage automated trading strategies for their own brokerage accounts. The Company is not a custodian of any user funds and does not execute trades on behalf of Users in any accounts belonging to the Company or Company employees, directors, or owners.
We do not have access to User brokerage accounts and cannot execute trades, withdraw funds, transfer funds, open or close positions, or modify any account settings, preferences, passwords, security features, permissions, notifications, or alerts.
We make no endorsement or recommendation that you buy, sell, or hold any security and does not offer investment advice, personalized or otherwise. Users agree that they are solely responsible for their own investment decisions and should seek the advice of a qualified financial professional before making any investment decisions.
Use of automated trading Agents requires that the User is able to monitor the actions of the Agent and intervene by cancelling the Agent, cancelling orders, and issuing manual orders, if deemed necessary by the User. The User is responsible for any and all gains and losses that may arise from the use of an Agent.
Users are responsible for maintaining the security of their account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Users will be fully liable for any taxes, fees, or charges assessed against them by any federal, state, local, or foreign government or regulatory authority in relation to their trading activites.
You agree to use the platform only for lawful purposes. You agree not to take any action that might compromise the security of the platform, render it inaccessible to others, or otherwise cause damage to the platform or its content. This includes not modifying or attempting to access content not intended for you, and refraining from using the platform in any manner that might interfere with the rights of third parties.
Permission is granted to temporarily download one copy of the materials (information or software) on our platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Some of the Services within our site require users to create an account by linking through an identity provider such as Google, Facebook, Apple, or phone network provider. Each provider may have its own Terms of Use and privacy policy.
Additionally, we may collect information about your use of our platform, including but not limited to your IP address, geolocation, browser type, and operating system. We use this data along with customer-supplied data to make automated assessments of fraud and misuse. We may also use this information to comply with legal obligations or to enforce our Terms of Use.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
For additional information, please see our Privacy Policy.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the platform with or without notice and for any reason, including, without limitation, breach of these Terms of Use.
Any suspected fraudulent, abusive or illegal activity can be reported by Users of this site and may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Attempts to mask your true location or misrepresent your identity may also result in account suspension.
Upon termination or suspension, regardless of the reasons therefor, your right to use the services available on this platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The content, organization, graphics, design, compilation, and other matters related to our platform are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the platform, except as allowed by this agreement, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the platform. The posting of information or materials on the platform does not constitute a waiver of any right in such information and materials.
The materials on our platform are provided "as is". We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Trading of securities, options and futures may not be suitable for all individuals and involves the risk of losing part or all of your money. All Users are responsible for their own financial and investment decisions and should consult a qualified financial professional for advice specific to your financial situation prior to trading securities.
We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our platform or otherwise relating to such materials or on any sites linked to this site. While we strive to ensure the accuracy of the information on our platform, we make no guarantee that the information provided is accurate, complete, or up-to-date.
We make no guarantee that the platform will be uninterrupted, error-free, or secure, and we do not warrant that the Site is free of viruses or harmful components.
The Company, including its affiliates, owners, employees, officers, directors, agents, and contractors ("Company Persons"), does not act as attorneys, accountants, financial advisors, or investment advisors. The information provided on the platform is not a substitute for professional legal, financial, or investment advice. You acknowledge that you should seek guidance from your own qualified advisors for such matters.
The materials appearing on our platform could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our platform are accurate, complete, or current. We may make changes to the materials contained on our platform at any time without notice. However, we do not make any commitment to update the materials.
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our platform, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We are not responsible for any loss or damage caused by the platform being unavailable or by errors or interruptions in the platform.
We are not responsible for any errors or omissions in the information provided on our platform.
We are not liable for the conduct of any third parties that are linked through our platform, including operators of external sites.
We are not responsible for any monetary losses, travel expenses, emotional damages, or other harm that may arise from the use of our platform, including but not limited to gains or losses as a result of stock or options contracts.
In no event will our total liability to you for all damages, losses, or causes of action exceed the amount you have paid COMPANY in the last 12 months, or, if greater, $100.
We are not responsible for any losses or damages that may arise from the use of our platform, including but not limited to gains or losses as a result of stock or options contracts.
User agrees to indemnify, defend and hold harmless our Company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the platform from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the platform. This includes any damages and expenses that may arise directly or indirectly from:
This indemnification obligation will survive termination of this Agreement and your use of the platform.
Our platform may link to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.
Any unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are prohibited from using any of the marks or logos appearing throughout the platform without permission from the trademark owner, except as permitted by applicable law.
Although this platform may be accessible worldwide, we make no representation that materials on this platform are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this platform from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this platform is void where prohibited.
This platform (excluding any linked sites) is controlled by us from our offices within the State of California. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this platform both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this platform and the purchase of products and services available through this platform.
You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
We may revise these Terms of Use for our platform at any time without notice. By using this platform you are agreeing to be bound by the then current version of these Terms of Use.
We are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner.
For information, please see our full Privacy Policy.