Terms and Conditions
When you access or use TRADE WITH ALERTS’s online and/or mobile services, web sites, and software provided on or in connection with the services or web sites (collectively, the “Website”), including TRADE WITH ALERTS LARGEPRINTS, TRADE WITH ALERTS ALERTS , TRADE WITH ALERTS CHAT, TRADE WITH ALERTS TRADESETUPS or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy and (b) you conclude a legally binding agreement (“Agreement”) based on these TRADE WITH ALERTS Terms of Service (including the General Terms of Service) with (1) TRADE WITH ALERTS Inc. Any references to “TRADE WITH ALERTS” shall mean TRADE WITH ALERTS Inc.
A. TRADE WITH ALERTS General Terms of Service
1. Data Content
We do not provide trading advice.
The data contained in TRADE WITH ALERTS’s search results, or linked from those results, are created by people or machines over whom TRADE WITH ALERTS exercises no control. You acknowledge and understand that we have no control for the content of the alert listings or other information posted therein. TRADE WITH ALERTS’s alert search results are indexed in an automated manner and TRADE WITH ALERTS does not have any obligation to screen these data points. TRADE WITH ALERTS also does not promise to include any data in its search results and may exclude any data link for any reason or for no reason. We cannot confirm that users or traders are who they claim to be. TRADE WITH ALERTS assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any listing, information, or web site that is either included in TRADE WITH ALERTS’s search results or linked to by the Website.
The Website contains links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that TRADE WITH ALERTS is not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
2. Use of TRADE WITH ALERTS
TRADE WITH ALERTS’s Website is for your personal, non-commercial use only, if you have no other agreement with TRADE WITH ALERTS. If you wish to make commercial use of the Website, or if you wish to purchase TRADE WITH ALERTS services utilizing the Website, you must enter into an agreement with TRADE WITH ALERTS to do so in advance. Please CONTACT US for more information. We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs for any reason.
3. User Content
Some parts of the Website, such as message boards, trading listings, and forums, may allow users to post text, trade solicitations, resumes, information, images, audio, video, messages, and other materials, (any such materials a user submits, posts, displays, or otherwise makes available on the Website is referred to as “User Content”). Such functionality is designed to help readers obtain trading and company information, facilitate communication, discuss ways to make better trading decisions, and to let users know of trade opportunities. This User Content is provided by outside contributors, many of whom use anonymous screen names. They may occasionally post User Content, including messages or statements that are misleading, deceptive, or downright wrong. TRADE WITH ALERTS does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Website by third parties. You acknowledge that by accessing the Website, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that TRADE WITH ALERTS shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
Users of the Website must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or encourage or cause spamming or flooding.
When you create an alert, post a chat message, or post a trade solicitation on TRADE WITH ALERTS, whether part of the TRADE WITH ALERTS Ads program or as a free posting, you agree that all of TRADE WITH ALERTS’s terms, including the TRADE WITH ALERTS Privacy and Cookie policies apply to you and to the applicants applying through such Sites or solicitations. You also agree that TRADE WITH ALERTS shall utilize its TRADE WITH ALERTS technical functionality for such trade solicitations and that readers to those messages and utilizing such Alert shall apply through TRADE WITH ALERTS portal. If you post a trade solicitation on TRADE WITH ALERTS with questions to users, you agree to be responsible for the content of such questions. You agree that TRADE WITH ALERTS may reject or remove any trade listing, any post, or any part of any Website or any screening question for any or no reason. You shall indemnify and defend TRADE WITH ALERTS, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of your posting a trade alert, a large print, or any information on TRADE WITH ALERTS, using screening questions, or creating a part of a Website.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person) on the Website, such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. TRADE WITH ALERTS may remove such numbers but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such numbers.
Although TRADE WITH ALERTS has no obligation to do so, TRADE WITH ALERTS may monitor messages posted on the Website and reserves the right to delete any User Content or portion thereof which violate the above rules, messages, topics that are unrelated to the specific portion of the Website on which they are posted, advertisements, solicitations or other commercial messages, and any other User Content that TRADE WITH ALERTS deems in its sole discretion is inappropriate. If you believe a message violates our policies, please CONTACT TRADE WITH ALERTS immediately so that we can consider its editing or removal. TRADE WITH ALERTS does not promise to remove any User Content and interpretation of whether User Content violates any TRADE WITH ALERTS policy always remains within the sole discretion of TRADE WITH ALERTS.
TRADE WITH ALERTS reserves the right to disclose all User Content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests. This means TRADE WITH ALERTS may honor court-mandated requests to reveal a user’s electronic address and identity.
Without limiting the generality of the foregoing, TRADE WITH ALERTS reserves the right (but are under no obligation) to remove any posting, listings or trade information that directly or indirectly discriminate against users. Direct discrimination means that a content specifically makes it clear that they only want users that match a certain criteria, thereby excluding others because of their gender, race, age or disability. Indirect discrimination means that a content implicitly excludes certain classes of usrs by making it impossible for them to qualify for the trade requirements. You understand and agree that it is your responsibility to refrain from posting any content that contain direct or indirect discrimination.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
4. Rights to Use Materials
To the maximum extent permitted by law, if you post content or submit material to TRADE WITH ALERTS, including photographs, including material you submit for a solicitation hosted on TRADE WITH ALERTS, you grant TRADE WITH ALERTS a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant TRADE WITH ALERTS, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. When you post an alert or a message, through TRADE WITH ALERTS, you are sending your data information to TRADE WITH ALERTS, and asking TRADE WITH ALERTS to share that information with a third party. When you, an user, send materials through TRADE WITH ALERTS, TRADE WITH ALERTS may use those materials for data analysis, quality control, and to provide better search quality and candidate quality results for users and traders. TRADE WITH ALERTS may also note if the words of a trader's posted information match the words of certain trade alerts, in order to improve service to users and traders. You represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Website. You agree to defend and indemnify TRADE WITH ALERTS and its affiliates from any claims resulting from any content or materials you provide hereunder. If you wish to revoke your license grant for any such content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such content. Your certified letter of request must include (a) the signature of the applicable rights holder for such content or a person authorized to act on behalf of the rights holder; (b) identification of the content for which the license is to be revoked and information reasonably sufficient to allow TRADE WITH ALERTS to locate and remove the content on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such materials. There may be a charge for answering and executing such a request; please contact TRADE WITH ALERTS for more details.
At your discretion, you may provide feedback to TRADE WITH ALERTS concerning the functionality and performance of the Website from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant TRADE WITH ALERTS a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that TRADE WITH ALERTS may disclose that Feedback to any third party in any manner and you agree that TRADE WITH ALERTS has the ability to sublicense all Feedback in any form to any third party without restriction. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place TRADE WITH ALERTS under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, TRADE WITH ALERTS does not waive any rights to use similar or related ideas previously known to TRADE WITH ALERTS, or developed by its employees, or obtained from sources other than you.
5. Website Rules
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by TRADE WITH ALERTS, unless you have been specifically allowed to do so in a separate agreement with TRADE WITH ALERTS. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with TRADE WITH ALERTS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for (and that TRADE WITH ALERTS has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which TRADE WITH ALERTS may suffer) of any such breach.
You agree you shall not transmit to TRADE WITH ALERTS or upload as part of the Website any Harmful Code or use or misappropriate the data on the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to sending messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam data mining any TRADE WITH ALERTS property to find contact information sending messages to users who have asked not to be contacted selling, exchanging or distributing to a third party the contact information of any person without such person’s knowing and continued consent to such disclosure using TRADE WITH ALERTS contacts in contravention to TRADE WITH ALERTS policy, as determined by TRADE WITH ALERTS and indicated by low response rates from those persons contacted.
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
Conduct or forward pyramid schemes and the like
Transmit content that may be harmful to minors
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
Use the Website to violate the legal rights (such as rights of privacy and publicity) of others
Promote or encourage illegal activity
Interfere with other TRADE WITH ALERTS users’ enjoyment of the Website
Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any TRADE WITH ALERTS account
Modify, adapt, translate, or reverse engineer any portion of the Website
Remove any copyright, trademark or other proprietary rights notices contained in or on the Website
Reformat or frame any portion of the web pages that are part of the Website without TRADE WITH ALERTS’s explicit permission
Contact other TRADE WITH ALERTS users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics TRADE WITH ALERTS considers detrimental to its users
Create multiple TRADE WITH ALERTS accounts without permission
Bypass any limitations or suspensions of functionality
Provide false information in the course of using the Website
TRADE WITH ALERTS reserves the right to use the content of messages or material sent through or to the Website or TRADE WITH ALERTS to prevent potentially illegal activities and activities that are detrimental to other users. TRADE WITH ALERTS reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
6. Registration – Email Address Provision
Some areas of the Website, including setting up an TRADE WITH ALERTS account, require you to register or provide an email address. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Website to any third party. TRADE WITH ALERTS is not responsible and disclaims all liability if your email is used improperly and falsely by a third party.
We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
7. Change In Service and Terms
TRADE WITH ALERTS may modify or terminate the Website from time to time, for any reason, and without notice. TRADE WITH ALERTS reserves the right to modify this Agreement from time to time without notice so check back often to review this Agreement.
8. Disclaimer of Warranties
TRADE WITH ALERTS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the TRADE WITH ALERTS results or posted on the Website by TRADE WITH ALERTS or third parties. TRADE WITH ALERTS disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. TRADE WITH ALERTS disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other sites on the Internet accessed through the Website. Under no circumstances shall TRADE WITH ALERTS be liable to you or any user on account of that user’s use or misuse of or reliance on the TRADE WITH ALERTS Website.
THE WEBSITE, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. TRADE WITH ALERTS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TRADE WITH ALERTS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TRADE WITH ALERTS SERVICES. TRADE WITH ALERTS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. TRADE WITH ALERTS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY TRADE WITH ALERTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TRADE WITH ALERTS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF TRADE WITH ALERTS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall TRADE WITH ALERTS or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Claims of Infringement
U.S. Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TRADE WITH ALERTS infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TRADE WITH ALERTS to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TRADE WITH ALERTS a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to TRADE WITH ALERTS Copyright Notice by email (info @ TRADE WITH ALERTS.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Other Claims of Infringement.
For claims of infringement that do not involve US copyrights, please contact us via our Website contact form or send an email to (info @ TradeWithAlert.COM).
11. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Delaware, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in the state of Delaware. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Delaware, USA.
12. Payment
You shall be charged if, and as, indicated by the Website. If you are located outside of the United States, you may pay any charges in the following currencies, which you choose when creating an account: US Dollars, Euro, UK Pounds, Canada Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. You shall pay additionally for any taxes that may apply in addition to charges quoted by TRADE WITH ALERTS, at the time of purchase or at a later date. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees TRADE WITH ALERTS incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge. You agree that you will not cancel credit card charges via arrangements with your credit card issuer. Refunds (if any) are at the sole discretion of TRADE WITH ALERTS and only in the form of credit for TRADE WITH ALERTS services. You acknowledge and agree that any credit card and related billing and payment information that you provide to TRADE WITH ALERTS may be shared by TRADE WITH ALERTS with companies who work on TRADE WITH ALERTS’s or your behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to TRADE WITH ALERTS and servicing your account. TRADE WITH ALERTS may also provide such information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. TRADE WITH ALERTS shall not be liable for any use or disclosure of such information by such third parties. The price indicated for Brazil is a net remittance to TRADE WITH ALERTS net of withholding income tax (IRRF) and net of service withholding tax (ISS). All withholding tax remittances to the government are Your sole responsibility and TRADE WITH ALERTS shall have no liability whatsoever therefor.
13. Indemnification You shall indemnify and defend TRADE WITH ALERTS, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the intended email recipient. 14. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by TRADE WITH ALERTS. This Agreement, together with any amendments and any additional agreements you may enter into with TRADE WITH ALERTS in connection with the Website, shall constitute the entire agreement between you and TRADE WITH ALERTS concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
By using the Website, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on the Website are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of TRADE WITH ALERTS’s proprietary rights in them.
You understand and acknowledge that TRADE WITH ALERTS or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. TRADE WITH ALERTS reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.
Change of Address: If you change your billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be under contract with the same TRADE WITH ALERTS party for the remainder of the month in which you made the change. At the next month, your contract will be with the TRADE WITH ALERTS party identified in the first paragraph of this Agreement.
Any notices to TRADE WITH ALERTS must be sent to the applicable TRADE WITH ALERTS entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice ( i.e., TRADE WITH ALERTS Resume Program, TRADE WITH ALERTS Ads Program, or TRADE WITH ALERTS Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your TRADE WITH ALERTS Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without TRADE WITH ALERTS’s prior written consent and any such attempt is void. TRADE WITH ALERTS may freely assign or delegate its rights and obligations hereunder without notice to you. TRADE WITH ALERTS and you and TRADE WITH ALERTS Partners are not legal partners or agents, but are independent contractors.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Services.