TERMS & CONDITIONS

Last updated December 03, 2018

AGREEMENT TO TERMS

Supplemental terms and conditions or documents that may be posted on Viewtrader from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of Viewtrader after the date such revised Terms of Use are posted.

The information provided on Viewtrader is not intended for distribution to 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Viewtrader from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Viewtrader is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Viewtrader. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using Viewtrader.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, Viewtrader is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Viewtrader (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on Viewtrader “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of Viewtrader and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use Viewtrader, you are granted a limited license to access and use Viewtrader and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non­commercial use. We reserve all rights not expressly granted to you in and to Viewtrader, the Content and the Marks.

USER REPRESENTATIONS

By using Viewtrader, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use Viewtrader; (6) you will not access Viewtrader through automated or non­human means, whether through a bot, script or otherwise; (7) you will not use Viewtrader for any illegal or unauthorized purpose; and (8) your use of Viewtrader will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Viewtrader (or any portion thereof).

USER REGISTRATION

You are required to register with Viewtrader. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

We accept the following forms of payment:

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via Viewtrader. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via Viewtrader. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through Viewtrader.

CANCELLATION

All purchases are non­refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at [email protected]

PROHIBITED ACTIVITIES

You may not access or use Viewtrader for any purpose other than that for which we make Viewtrader available. Viewtrader may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of Viewtrader, you agree not to:

  1. Make any unauthorized use of Viewtrader, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  2. Use Viewtrader to advertise or offer to sell goods and services.
  3. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  4. Make improper use of our support services or submit false reports of abuse or misconduct.
  5. Interfere with, disrupt, or create an undue burden on Viewtrader or the networks or services connected to Viewtrader.
  6. Attempt to impersonate another user or person or use the username of another user.
  7. Sell or otherwise transfer your profile.
  8. Use any information obtained from Viewtrader in order to harass, abuse or harm another person.
  9. Decipher, decompile disassemble, or reverse engineer any of the software comprising or in any way making up a part of Viewtrader.
  10. Attempt to bypass any measures of Viewtrader designed to prevent or restrict access to Viewtrader, or any portion of Viewtrader.
  11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Viewtrader to you.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Copy or adapt Viewtrader’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  14. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Viewtrader or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Viewtrader.
  15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  16. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Viewtrader, or using or launching any unauthorized script or other software.
  17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or Viewtrader.
  18. Use Viewtrader in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS

Viewtrader may invite you to chat, contribute to, or participate in blogs, message boards, 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 us or on Viewtrader, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of Viewtrader and through third­party websites. As such, any Contributions you transmit may be treated as non­confidential and non­proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, 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 us, Viewtrader, and other users of Viewtrader to use your Contributions in any manner contemplated by Viewtrader and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by Viewtrader and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well­being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of Viewtrader in violation of the foregoing violates these Therms of Use and may result in, among other things, termination or suspension of your rights to use Viewtrader.

CONTRIBUTION LICENSE

By posting your contributions to any part of Viewtrader or making contributions accessible to Viewtrader by linking your account from Viewtrader to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non­exclusive, transferable, royalty­free, fully­paid, 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, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on Viewtrader. You are solely responsible for your Contributions to Viewtrader and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re­categorize any Contributions to place them in more appropriate locations on Viewtrader; and (3) to pre­screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

SOCIAL MEDIA

As part of the functionality of Viewtrader, you may link your account with online accounts you have with third­party service providers (each such account, a “Third­Party Account”) by either: (1) providing your Third­Party Account login information through Viewtrader; or (2) allowing us to access your Third­Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third­Party Account. You represent and warrant that you are entitled to disclose your Third­Party Account login information to us and/or grant us access to your Third­Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third­Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third­party service provider of the Third­Party Account. By granting us access to any Third­Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third­Party Account (the “Social Network Content”) so that it is available on and through Viewtrader via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third­Party Account additional information to the extent you are notified when you link your account with the Third­Party Account. Depending on the Third­Party Accounts you choose and subject to the privacy settings that you have set in such Third­Party Accounts, personally identifiable information that you post to your Third­Party Accounts may be available on and through your account on Viewtrader. Please note that if a Third­Party Account or associated service becomes unavailable or our access to such Third­Party Account is terminated by the third­party service provider, then Social Network Content may no longer be available on and through Viewtrader. You will have the ability to disable the connection between your account on Viewtrader and your Third­Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD­PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD­PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD­PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non­infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use Viewtrader. You can deactivate the connection between Viewtrader and your Third­Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third­Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Viewtrader ("Submissions") provided by you to us are non­confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD­PARTY WEBSITES AND CONTENT

Viewtrader may contain (or you may be sent via Viewtrader) links to other websites ("Third­Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third­Party Content"). Such Third­Party Websites and Third­Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third­Party Websites accessed through Viewtrader or any Third­Party Content posted on, available through, or installed from Viewtrader, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third­Party Websites or the Third­Party Content. Inclusion of, linking to, or permitting the use or installation of any Third­Party Websites or any Third­Party Content does not imply approval or endorsement thereof by us. If you decide to leave Viewtrader and access the Third­Party Websites or to use or install any Third­Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Viewtrader or relating to any applications you use or install from Viewtrader. Any purchases you make through Third­Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third­Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third­Party Content or any contact with Third­Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor Viewtrader for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from Viewtrader or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage Viewtrader in a manner designed to protect our rights and property and to facilitate the proper functioning of Viewtrader.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of Viewtrader at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of Viewtrader without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Viewtrader

We cannot guarantee Viewtrader will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Viewtrader, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Viewtrader at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Viewtrader during any downtime or discontinuance of Viewtrader. Nothing in these Terms of Use will be construed to obligate us to maintain and support Viewtrader or to supply any corrections, updates, or releases in connection therewith.

PRIVACY POLICY

Please read our Privacy Policy.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through Viewtrader infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by Viewtrader infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use Viewtrader. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF VIEWTRADER(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN VIEWTRADER OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CORRECTIONS

There may be information on Viewtrader that contains typographical errors,inaccuracies,or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Viewtrader at any time, without prior notice.

DISCLAIMER

VIEWTRADER IS PROVIDED ON AN AS­IS AND AS­AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF VIEWTRADER AND OUR SERVICES WPILRLEVBIEWAT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH VIEWTRADER AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF VIEWTRADER’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO VIEWTRADER AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF VIEWTRADER, (3) ANY UNA10U0%THORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM VIEWTRADER, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH VIEWTRADER BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA VIEWTRADER. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH VIEWTRADER, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD­PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF VIEWTRADER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of Viewtrader; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of Viewtrader with whom you connected via Viewtrader. Not with standing the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to Viewtrader for the purpose of managing the performance of Viewtrader, as well as data relating to your use of Viewtrader. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Viewtrader. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting Viewtrader, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Viewtrader, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA VIEWTRADER. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non­electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on Viewtrader or in respect to Viewtrader constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of Viewtrader. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding Viewtrader or to receive further information regarding use of Viewtrader, please contact us at:

Viewtrader
[email protected]