Agreement between user and 8901651 Canada Inc./TradeBragger.com (“TradeBragger”). This Agreement governs your use of the TradeBragger.com website.
Welcome to TradeBragger.com. The TradeBragger.com website (the “Site”) is comprised of various web pages operated by TradeBragger and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your initial use and continued use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The TradeBragger Site is an ONLINE MARKET AND FINANCIAL INFORMATION Site.
Visiting the Site or sending emails to TradeBragger constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
USE OF THE SITE
The Site and its contents (the “Content”) are intended only for users of TradeBragger. The Content (including any and all intellectual property posted on the Site) may only be used for your own personal and non-commercial use, or for your organization’s own use, provided that the Content is not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Content in any way. Any other use of the Site or the Content without TradeBragger’s written permission is prohibited. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted through this Agreement without notice to you.
You are granted a limited, non-transferable, revocable and non-exclusive license to access the Site for purposes of displaying it on your Internet browser only for the purpose of browsing through the Site’s databases and/or adding information to the Site’s databases in regards to your services. Other functionality not explicitly listed in these Terms may be made available from time to time and will be outlined further in the applicable Site section.
TradeBragger offers Users the ability to purchase premium content and access through the Site. The User is responsible for paying the applicable fees for any premium content, which are listed on the Site and may change from time to time. TradeBragger reserves the right to offer special fee structures, discounts, coupons or incentives, at our sole discretion and for any reason, and TradeBragger is under no obligation to offer such special fees to any or all users. Some premium content may provide a free trial or other type of introductory offer. If such an offer is provided, only one per user, per person, per household and per email address is allowed at any given point in time. Fees for premium content will be pre-paid at the start of any specified period as listed on the Site and will be charged to the credit card you provide prior to the start of any such specified period. TradeBragger reserves the right to change the fee for any premium content at any time and will promptly give notice to the User of any such change before the User’s credit card is billed with the increased fee. You will receive an email receipt upon each credit card charge
All fees pre-paid by you are non-refundable. If you wish to cancel your access to any premium content, you may do so by following the procedures to cancel as laid out on the Site or by contacting us. Once TradeBragger receive your cancellation request your access to the specific premium content will continue until the end of the specified period. You are responsible for all taxes, duties, and other governmental assessments associated with your purchases through the Site.
You may use the Site without registration, but in order to take advantage of the majority of the functionality of the Site, you will need to register for an account. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. If you register for an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TradeBragger is not responsible for third party access to your account that results from theft or misappropriate use of your account. TradeBragger and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. If you wish to cancel your account, you must contact TradeBragger at the email address listed below. TradeBragger will promptly remove your account and your personal information from our database.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site contains links to other websites (“Linked Sites”) and the Site provides you with the ability to embed content on other web sites. The Linked Sites are not under the control of TradeBragger and TradeBragger is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TradeBragger is providing these links to you only as a supplement to the TradeBragger service, and the inclusion of any link should not imply endorsement by TradeBragger of the site or any association with its operators beyond the endorsement of website to supplement the TradeBragger service. You are solely responsible for such use and activities, including but not limiting to ensuring that you have the right from such other web sites to include such content.
Certain services made available via TradeBragger may be delivered by third party sites and organizations. By using any product, service or functionality originating from the TradeBragger Site domain, you hereby acknowledge and consent that TradeBragger may share such information and data with any third party with whom TradeBragger has a contractual relationship to provide the requested product, service or functionality on behalf of TradeBragger users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
As a condition of your use of this Site, you warrant to TradeBragger that you will not use the Site or Content for any purpose that is unlawful and/or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any Content or other materials or information through any means not intentionally made available or provided for through the Site.
You are prohibited from using the Site or the Content for any purpose not related to the intended use of the Site. Prohibited uses include, but are not limited to: (i) downloading, copying, or re-transmitting a portion or all of the Site or the Content, without, or in violation of, a written license or agreement with TradeBragger or by other means than those allowed by the Site to third-party social media accounts (assuming the Content is not altered in any way or maintains the appropriate watermark); (ii) using any type of data gathering or extraction methods; (iii) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe or unsubscribe any party for any TradeBragger product or service if you are not expressly authorized by such party to do so; (v) using the Site or the Content other than for its intended purpose or for any unlawful purpose; (vi) interfering with the security of, or otherwise abusing the Site or any system resources, services or networks connected to or accessible through the Site.
All Content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TradeBragger or its suppliers or licensors/contributors and is protected by copyright and other laws that protect intellectual property and proprietary rights. Unless otherwise agreed, you agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Unless otherwise agreed, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. TradeBragger content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content without the express written permission of TradeBragger and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TradeBragger or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site contains review capabilities or other communication facilities designed to enable you to communicate and broadcast with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
Users who upload user reviews or other content in the Communication Services as outlined below represent and warrant the following: (i) Uploading User is the owner of the copyright to all Content submitted to TradeBragger; (ii) The Content does not violate any laws or the rights of any individuals or business entities including copyrights, trade secrets, privacy rights, and right to publicity; (iii) The Content has not been submitted with the intent to harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort upon another person or entity; (iv) The Content is no unlawful, discriminatory, libelous, slanderous, defamatory or sexually explicit. TradeBragger may accept or reject any uploaded Content at its sole discretion. By uploading Content to the TradeBragger Site, you grant TradeBragger a non-exclusive, transferable, perpetual, world-wide license to use the Content in any manner TradeBragger sees fit. By uploading Content to the TradeBragger Site, you understand your Content may be shared or used in any manner by TradeBragger users. TradeBragger has listed non-permissible uses herein, but claims no responsibility for any sharing of Content by users with third-party organizations.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload any files that contain software or other material protected by intellectual property laws (by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
TradeBragger has no obligation to monitor the Communication Services. However, TradeBragger reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TradeBragger reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. TradeBragger reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TradeBragger’s sole discretion. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. TradeBragger does not control or endorse the content, messages or information found in any Communication Service and, therefore, TradeBragger specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TradeBragger spokespersons, and their views do not necessarily reflect the views of TradeBragger.
TradeBragger requests that User’s actions on the Site focus on sharing ideas and information, not on directly promoting products and services to other Users. As with any discussion about the financial markets, it is critical to the TradeBragger’s user base that there be no perception of manipulation or attempts to create personal gain from the information being contributed. TradeBragger encourages all Users to disclose positions as part of their discussions on the Site.
You agree to ensure that all information disseminated through the Site and the Site’s Communication Services, whether such dissemination is made by you or on your behalf by a person authorized to disseminate information on your behalf or by any other means, complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, any securities laws as may then be in effect in Canada, the United States, the European Union or Australia.
The Site and its Contents and any information gathered through the Site’s Communication Services is not intended to provide tax, legal or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. Trading in such securities can result in immediate and substantial losses of the capital invested. You should only invest risk capital, and not capital required for other purposes. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should also consult an attorney or tax professional regarding your specific legal or tax situation.
The Site and its Contents and any information gathered through the Site’s Communication Services is to be used for informational and entertainment purposes only and the Service does not provide investment advice for any individual. TradeBragger, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on the information found on or through this Site, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter. TradeBragger advises that Users contact their financial advisor before making any investment based on the information gathered from the Site.
THIRD PARTY ACCOUNTS
You may be able to connect your TradeBragger account to third party accounts, such as Social Media accounts, to share both Content and the result of the use of Communication Services. By connecting your TradeBragger account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner do not use this feature.
USE OF MOBILE SERVICES
The Site may be accessed through mobile devices. TradeBragger does not charge for viewing through your mobile devices, but your carrier may. By utilizing our Site through your mobile services, you consent to be notified by TradeBragger (as well as other entities) by SMS, MMS, text message or other electronic means to your mobile device and that certain information pertaining to your use of the mobile services may be communicated to TradeBragger.
The Service is controlled, operated and administrated by TradeBragger from our offices within Quebec, Canada. If you access the Service from a location outside Quebec, Canada, you are responsible for compliance with all local laws. You agree that you will not use the TradeBragger Content accessed through the TradeBragger Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless TradeBragger, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TradeBragger reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TradeBragger in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRADEBRAGGER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRADEBRAGGER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRADEBRAGGER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Each party to this Agreement, on behalf of itself and its Affiliates, agrees that any dispute, claim or controversy arising out of these terms and/or your use of the Site shall be final and binding arbitration, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
All arbitration under these Terms shall be resolved by binding arbitration pursuant to the Arbitration Rules (“Rules”) of the Canadian Arbitration Association (“CAA”) then in effect. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such CAA Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration or claim under these terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former User of the Site, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site or its Contents be instituted more than one (1) year after the cause of action arose.
TradeBragger reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
NO JOINT VENTURE/ENTIRE AGREEMENT
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TradeBragger as a result of this agreement or use of the Site. TradeBragger’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TradeBragger’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TradeBragger with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, or specified in writing by all parties involved, this agreement constitutes the entire agreement between the user and TradeBragger with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TradeBragger with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
REPORT OF CONTENT ABUSE
If you feel uploaded Content is unlawful or breaches the terms and conditions of this Agreement or otherwise infringes upon another’s intellectual property rights, you may note such alleged abuse to TradeBragger by contract us at admin @TradeBragger.com or via methods proscribed on the Site. Your report of any alleged abuse will be kept anonymous.
PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT
If you believe that your work has been copied and is/was available as Content on the TradeBragger site in violation of any copyright law or other intellectual property law, please provide TradeBragger with a written email communication including the following: (i) a description of the copyrighted work or other intellectual property that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located or was locate on the TradeBragger Site; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and (vi) an your electronic signature or the electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property owner’s behalf.
The Site is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are 18 or older.
CHANGES TO TERMS
TradeBragger reserves the right, in its sole discretion, to change the Terms under which the TradeBragger Site is offered. The most current version of the Terms will supersede all previous versions. TradeBragger encourages you to periodically review the Terms to stay informed of our updates.
The Site is controlled, operated and administered by TradeBragger from within Quebec, Canada. The Site can be accessed from any country around the world. As each jurisdiction has laws that may differ from those of Quebec, Canada, by accessing this Site, you acknowledge and agree that all matters relating to the use of the Site shall be governed by the laws of Quebec, Canada and the federal laws of Canada applicable therein. Use of the Site may be unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
TradeBragger welcomes your questions or comments regarding the Terms or requests of any other nature:
-Email: admin @TradeBragger.com