These terms and conditions ("Terms and Conditions") govern your relationship with the www.1erotrader.com website ("the System") operated by 1ero Trader LLC ("the Company"). Please read these Terms and Conditions carefully before using the System. Your access to and use of the System is based on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the System.
By accessing or using the System, you agree to be bound by these Terms and Conditions and agree to all legal consequences. If you do not agree to these Terms and Conditions in any way please do not use the System.
Some parts of the System are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Time"). Billing Times are established on a monthly or annual basis, depending on the type of subscription plan you select when you purchase a Subscription.
At the end of each Billing Time, your Subscription will automatically renew on the same terms unless you cancel it or The Company cancels it. You may cancel the renewal of your Subscription through your online account management page or by contacting The Company's customer service team. In order to process the payment of your Subscription, a valid payment method, including credit card or PayPal, is required. You must provide The Company with accurate and complete billing information, including full name, address, state, zip code, telephone number and valid payment method information. By submitting such payment information, you automatically authorize The Company to charge all Subscription fees incurred through your account to any such payment instrument.
In the event that automatic billing does not occur for any reason, The Company will issue an electronic invoice instructing you to proceed manually, by a certain due date, to pay in full for the billing period indicated on the invoice.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be asked to enter your billing information to sign up for the Free Trial. If you enter your billing information when you sign up for the Free Trial, The Company will not charge you until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your subscription, you will automatically be charged the subscription fees applicable to the subscription type you have selected.
At any time and without prior notice, The Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Rate Changes The Company, in its sole discretion and at any time, may change the Subscription rates. Any change in Subscription rates will be effective at the end of the current Billing Cycle.
Company will give you reasonable advance notice of any change in Subscription rates to give you an opportunity to cancel your Subscription before such change becomes effective.
Your continued use of the System after the Subscription fee change becomes effective constitutes your agreement to pay the amount of the modified Subscription fee. Subscription fees paid are non-refundable.
Our System allows you to post, link, store, share and make available certain information, text, graphics, videos or other material ("Content"). You are responsible for the Content you post on the System, including its legality, reliability and appropriateness.
By posting Content on the System, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the System. You retain all of your rights in any Content you submit, post or display on or through the System and are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the System, who may also use your Content subject to these Terms and Conditions.
You declare and warrant that (i) the Content is yours, which means that you own it, or have the right to use it and grant us the rights and license provided in these Terms and Conditions, and (ii) the posting of your Content on or through the System does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of another's copyright, trademark or other intellectual property right or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the System, we are merely acting as a passive conduit for such distribution and we are not assuming any obligation or liability related to any content or activities on the System.
When you create an account with us, you must provide us with accurate, complete and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account in our System.
You are responsible for safeguarding the password you use to access the System and for any activity or action taken under your password, whether with our System or a third party System.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a user name the name of another person or entity or that is not legally available for your use, a name or trademark that is subject to any rights of any person or entity other than you, without proper authorization, or a name that is offensive, vulgar or obscene.
Intellectual Property and Copyright Policy
We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the System infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or are authorized on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement that is occurring through the System, you should submit your notice in writing to the attention of Copyright Infringement at (www.1erotrader.com) and include in your notice a detailed description of the alleged infringement. You may be held liable for damages (including costs and attorneys' fees) for wrongfully stating that any Content infringes your copyright.
The System and all Content, including but not limited to text, images, graphics or code, are the property of The Company and are protected by copyrights, trademarks, databases and other intellectual property rights. You may display and copy, download or print portions of material from the different areas of the System for your own non-commercial use only. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms and Conditions do not grant you a license to use any trademarks of The Company or its affiliates. In addition, you agree not to use, change or remove any proprietary notices from materials downloaded from the System. Links to Other Websites The System may contain links to third-party websites or Systems that are not owned or controlled by The Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Systems. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Systems available on or through any such websites or Systems.
We may terminate or suspend access to our System immediately, without notice or liability, for any reason, including, without limitation, if you breach the Terms and Conditions. All provisions of the Terms and Conditions will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability. Upon termination, your right to use the System will immediately cease. If you wish to terminate your account, you may simply discontinue using the System.
You agree to indemnify, defend and hold harmless The Company, its principals, officers, directors, representatives, employees, contractors, licensors, suppliers and agents, from and against any claims, losses, damages, liabilities, costs, actions or demands.
These include, but are not limited to: (a) legal and accounting fees resulting from your use of the System; (b) your breach of any of these Terms and Conditions; (c) anything you post or upload to the System; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, or by any person or entity accessing the System using your account, regardless of whether such access was obtained by fraudulent or illegal means.
Limitation of Liability
The Company, its directors, employees, partners, agents, suppliers or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive, including, without limitation, economic loss, loss of or damage to electronic media or data, goodwill or other intangible losses, resulting from (i) your access to or use of the System; (ii) your inability to access or use the System; (iii) any conduct or content of any third party on or related to the System; (iv) any content obtained from or through the System; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal claim, whether or not the Company has been advised of the possibility of such damages, and even if a remedy set forth herein is deemed to have failed of its essential purpose.
Disclaimer of Liability and Non-Waiver of Rights
The Company makes no warranties, representations, or other warranties of any kind in connection with the website and associated technology. All allegedly applicable warranties, terms and conditions are excluded to the fullest extent permitted by law. Your use of the System is at your own risk. The System is provided on an "AS IS" and "AS AVAILABLE" basis. The System is provided without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided by the laws of St. Vincent and the Grenadines.
The Company, its subsidiaries, affiliates and its licensors do not warrant that a) the System will operate uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the System will be free of viruses or other harmful components; or d) the results of using the System will meet your requirements.
If you breach any of these Terms and Conditions and The Company decides not to act immediately, or decides not to act at all, The Company will continue to have all rights and remedies at any later date, or in any other situation, in which you breach these Terms and Conditions. The Company does not waive any of its rights. The Company shall have no liability for any alleged breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no rights of enforcement.
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms and Conditions.
As noted above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Governing Law
These Terms shall be governed by, construed, and enforced in accordance with the laws of St. Vincent and the Grenadines.
If any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and the Company regarding our System, and supersede and replace any prior agreements, oral or otherwise, regarding the System.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a modification is material, we will use reasonable efforts to give you at least 30 days prior notice of the new terms. What constitutes a material modification will be determined in our sole discretion.
By continuing to access or use our System after such modifications become effective, you agree to be bound by the modified terms. If you do not agree to the new terms, in whole or in part, please discontinue using the website and the System.