Terms of Use

Traders Circle

WWW.TRADERSCIRCLE.COM 

 

TERMS AND CONDITIONS

May 3, 2021

 

Please read the following general website Terms and Conditions (these "T&Cs" or “Agreement”) carefully before accessing the www.traderscircle.com website whether online or through any mobile device or application (collectively referred to as the “Site”), before you register as a member, access any data on our Site, subscribe to our Services, as defined below, or interact with other users, members, customers or visitors (“Users”) of the Site so that you are aware of your legal rights and obligations with respect to the Site or Traders Circle Inc. and any of its affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” or "TRC").  

 

IMPORTANT INFORMATION TO NOTE:

  • YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs.
  • ANY PURCHASE, LICENSE, USAGE OR SUBSCRIPTION FEES ARE EXPLAINED DURING REGISTRATION OR ORDER PROCESS AND ARE SUBJECT TO CHANGE FROM TIME TO TIME AT OUR ABSOLUTE AND SOLE DISCRETION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT FEES MAY HAVE AN INITIAL AND RECURRING MONTHLY PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.
  • IN THE EVENT THAT YOU SIGNED UP, FIRST ACCESSED OR CREATED AN ACCOUNT ON THE SITE SUBJECT TO OR IN ACCORDANCE WITH ANY FREE, DISCOUNTED, LIMITED OR OTHER TRIAL SUBSCRIPTION PERIOD, PLEASE BE AWARE THAT AFTER THAT TRIAL PERIOD EXPIRES, WE WILL BEGIN TO BILL YOUR CREDIT CARD ACCOUNT ON A PERIODIC (MONTHLY, QUARTERLY OR ANNUAL) SCHEDULE FOR THE SERVICES AT OUR STANDARD PRICES, UNLESS YOU TERMINATE YOUR ACCOUNT PRIOR TO THE END OF THE TRIAL, DISCOUNT OR FREE PERIOD.  PLEASE VERIFY ALL TERMS ASSOCIATED WITH SUCH PROMOTION TO VERIFY YOUR OBLIGATIONS. YOU CAN ALWAYS CANCEL YOUR ACCOUNT BY FOLLOWING INSTRUCTIONS ON THE SITE OR BY SENDING AN E-MAIL TO INFO@TRADERSCIRCLE.COM.  
  • ALL SALES OR SUBSCRIPTIONS TO ANY OF OUR SERVICES OR DATA PRODUCTS ARE FINAL. NO REFUNDS OR CREDITS SHALL BE ISSUED BY TRC FOR ANY REASON.
  • OUR BUSINESS CHANGES CONSTANTLY, AS DO OUR PRIVACY POLICY AND ANY RULES AND REGULATIONS POSTED ON THE SITE, INCLUDING THESE T&CS.  WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE T&CS. WE RESERVE THE RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE TO USERS. YOUR CONTINUED USE OF THE SITE, THE SERVICES AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS. 
  • ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN KINGS COUNTY, NEW YORK EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION OPTION SECTION (SEE SECTION BELOW AND WWW.ADR.ORG FOR FURTHER DETAILS).  
  • BY REGISTERING WITH THE SITE OR SUBSCRIBING TO OUR SERVICES, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.
  • THERE ARE MONTHLY SUBSCRIPTION FEES ASSOCIATED WITH SOME PREMIUM SERVICES PROVIDED ON THIS SITE.  ONCE YOU HAVE SIGNED UP FOR THE PREMIUM SERVICES, YOUR CREDIT CARD BILL WILL BE AUTOMATICALLY CHARGED BASED ON A PERIODIC (MONTHLY) SCHEDULE FOR THE PREMIUM SERVICES.
  • IN THE EVENT THAT YOU SIGNED UP, FIRST ACCESSED OR CREATED AN ACCOUNT ON THE SITE SUBJECT TO OR IN ACCORDANCE WITH ANY FREE, LIMITED, OR OTHER TRIAL SUBSCRIPTION PERIOD, PLEASE BE AWARE THAT AFTER THAT TRIAL PERIOD EXPIRES, WE MAY BEGIN TO BILL YOUR CREDIT CARD ACCOUNT ON A PERIODIC (MONTHLY) SCHEDULE FOR THE PREMIUM SERVICES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE TRIAL OR FREE PERIOD.  PLEASE VERIFY ALL TERMS ASSOCIATED WITH SUCH A SUBSCRIPTION TO VERIFY YOUR OBLIGATIONS. YOU CAN ALWAYS CANCEL YOUR SUBSCRIPTION BY FOLLOWING INSTRUCTIONS ON THE SITE OR BY SENDING AN E-MAIL TO INFO@TRADERSCIRCLE.COM SEE BELOW FOR FURTHER DETAILS.
  • THE LICENSE, SALE OR SUBSCRIPTION TO ANY OF OUR SERVICES IS FINAL. NO REFUNDS OR CREDITS SHALL BE ISSUED BY TRC FOR ANY REASON.
  • USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.

 

  • 1. Description of the Site: The Site provides its Users with access to both (a) pricing data streams for financial assets (“Data Products”) and (b) social networking capabilities and features. The Site is designed for educational and entertainment purposes, allowing users the ability to interact with and learn from other Users. The Site may offer free, discounted, limited time and trial access packages. The foregoing notwithstanding, the Site shall predominantly offer its Users with one or more premium access packages, as described below. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as “Services”.

We reserve the right to add, change, modify, suspend or discontinue any portion of the Site or the Service(s) offered at any time. We may also impose limits on certain Services or features and/or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.

2.Services: The Site offers may both free and premium access Services to Users. 

(a)Free Access: The Site may now or in the future offer its Users free limited time or trial access to Data Products free of charge to Users. The scope, access, and data available under such free limited time or trial access, shall be subject to change from time to time in TRC’s sole and absolute discretion. 

In the event that you signed up, first accessed or created an account on the Site subject to or in accordance with any free, limited or other trial subscription period, please be aware that after that trial period expires, we may begin to bill your credit card account on a periodic (monthly) schedule for the premium services (based on your registration), unless you cancel your subscription prior to the end of the trial or free period.  Please verify all terms associated with such a subscription to verify your obligations. You can always cancel your subscription by following instructions on the Site or by sending an e-mail to info@traderscircle.com

(b) Premium Access: The Site shall offer premium access to its Data Products. Premium access may now or in the future be available via a monthly subscription. The Site’s subscription fees are explained to Users during the registration or purchase process and are subject to change from time to time at our absolute and sole discretion. Please note that any subscriptions or fees that are disclosed to you in the registration process are deemed part of this Agreement. You agree to pay TRC for all usage and/or subscription fees charged to your account, as per this Agreement. All charges will appear on your credit card bill.  

(i)Subscription plans to the Services may consist of an initial period, for which there is a one time charge, followed by recurring period charges, as agreed to by you. By entering into this Agreement, you acknowledge that your subscription may have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

(ii)You may terminate your Account or premium access subscription at any time. TRC may submit periodic monthly charges to your credit card provider without further authorization from you until you provide prior notice to us that you have terminated this authorization. Such notice will not affect charges submitted before TRC could reasonably take action in response to your notice.  

(iii)Your non-termination or continued use of the Services reaffirms that TRC is authorized to charge your account. TRC may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Services.

(iv)Any changes are effective upon notice to You. Notice may be provided to You by posting such changes on the Site or by delivering such changes via electronic mail or any other means that we deem reasonable, in our sole and absolute discretion (“Notice”).

(v)Credit Policy: You may terminate your premium access subscription at any time. Upon termination, you will no longer be billed for future premium access subscription fees, as applicable. TRC, HOWEVER, WILL NOT REFUND ANY SUBSCRIPTION FEES TO YOU FOR ANY REASON WHATSOEVER.

3.Registration: In order to subscribe to our premium access Services, you will be required to create an account.  You may never use someone else’s Account. You may also never grant anyone else access to your Account. When creating an account with the Site, you agree to provide accurate, current, and complete information about yourself ("Registration Data") as prompted by our registration form. Registration Data may include your e-mail address, user name, password, billing address, and credit card information. You also represent that we may rely on your Registration Data as accurate, current, and complete. You agree to maintain and update your Registration Data to keep it accurate, current, and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive, and/or incomplete Registration Data.

4. Username and Password: As part of the registration process, you will be asked to select a username (or using an email address) and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive, or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid at any time both during and after registration.  

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD, AND ANY AND ALL PURCHASES, COMMUNICATIONS, AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR USERNAME AND/OR PASSWORD, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR USERNAME AND PASSWORD, TO ANY THIRD PARTY. 

If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us of the same by emailing us at info@traderscircle.com

5.Eligibility: All Users of the Site must be eighteen (18) years of age or older. This Site and its Services were designed for Users who are legal residents of the United States and its territories. Users from other countries are advised not to disclose personal information unless they consent to have their information used as set forth in this Site's Privacy Policy rather than under the law of the User's home country. Usage of the Services is void where prohibited. 

6.License to Use Data Products. As a User of the Site, you are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever.  We also reserve any rights not explicitly granted in these T&Cs.

The Data Products and Services, available through the Site, are licensed, not sold, for your viewing, usage, and analysis. These Data Products were developed and/or produced by us in conjunction with our partners and associates. Your license to access the Data Product through the Site is subject to the following rules:

  • (a) Your access to the Data Products is conditioned upon your prior acceptance of the terms of this Agreement. 
  • (b) You are authorized to use the Data Products and Services only for personal, noncommercial use. 
  • (c) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Data Products or Services.
  • (d) The delivery of Data Products and the provision of the Services do not transfer to you any rights beyond the limited license as described above. 
  • (e) You agree not to transfer, sell or resell your username and/or password, or otherwise provide access to the Site, through the use of your username and password, to any third party. 

7.Term/Termination: We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a User’s access to the Site or our Services, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending a notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to Sections 9, 10, 11, 14, and 15 of these T&Cs shall survive any termination or the cancellation of Account. 

You may terminate your Account or premium access subscription at any time. TRC may submit periodic monthly charges to your credit card provider without further authorization from you until you provide prior notice to us that you have terminated this authorization. Such notice will not affect charges submitted before TRC could reasonably take action in response to your notice.  

Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request. 

8.  Online Content: Any Data Products and Services provided, listed, posted, or made available on the Site should not necessarily be relied upon. The Site provides its Users with access to price data streams for financial assets. The Site is designed to permit social interaction among Users with similar interests in these financial assets for educational and entertainment purposes. The Site was not designed and should not be used as a database on which Users may rely for real time financial asset trading. TRC does not guarantee the accuracy, completeness, or usefulness of any information made available by its Data Products on the Site and/or through the Services and neither adopts, endorses, nor is responsible for the accuracy, completeness, or reliability of any Data Product on the Site. You may access such information solely:

  •  For your general entertainment, educational and personal use; and
  •  As intended through the normal functionality of the Site.  

9.Submissions and Comments. This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s), or other content to the Site by any User.  As a feature of the Site, you may be permitted to submit or post video, photographic and textual content, or comments (“Submission(s)”).  You agree that whether published or not, TRC does not guarantee the confidentiality of these Submissions. TRC does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant, and agree that: 

  • a) You are eighteen (18) years of age or older and possess the necessary legal parental or guardian consent to enter into these T&Cs; 
  • b) You are the individual identified in the Submissions or if the Submissions identify another individual (s), that you have previously obtained from the individual(s) identified, and/or their authorized representatives, the written permission and consent for such use, publication and/or display. You further agree that you will provide TRC with a copy of such written permission and consent upon request. Submissions that identify or contain photographs/images of third parties do not create any type of agreement whatsoever between TRC and said third parties as there are no third-party beneficiaries to these T&Cs or to the Privacy Policy; 
  • c) The Submissions do not contain obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities and/or contraband; 
  • d) You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions; 
  • e) No other party has any rights, including intellectual property rights, to the Submissions;
  • f) You hereby grant TRC, its parents, subsidiaries, affiliates, and/or assigns a non-exclusive, unlimited, worldwide, fully-paid, irrevocable license to copyright, edit, copy, use, destroy and/or publish the Submissions as permitted by these T&Cs and our Privacy Policy.  This license shall permit and include the usage of Submissions in any advertisements in any media or form. This section shall survive any termination of the Agreement.
  • g) TRC may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever; 
  • h) You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions or the use to which the Submissions may be applied; 
  • i) TRC may include or add editorial copy and/or other writings or graphics with the Submissions; 
  • j) You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and

Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.

10. Proprietary Rights of Content: The content on the Site, including without limitation, the Data Products, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights. The copying, redistribution, or publication by you of any part of the Site, Data Products, or Services is strictly prohibited. You do not acquire ownership rights to any Content, Data Products, Marks, Services, or other materials viewed at, on, or through the Site and Services.  

11.Online Conduct: You agree not to:  

  • a) impersonate any person or entity; 
  • b) engage in advertising to or solicitation of, other Users to buy or sell any products or services through the Site; 
  • c) transmit any chain letters, spam or junk e-mail to other Users; 
  • d) express or imply, without our specific, prior, written consent that any statements you make are endorsed by TRC; 
  • e) harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent; 
  • f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; 
  • g) to access the Site, it's Data Products or Services through any technology or means other than through the means provided on the Site itself or other explicitly authorized means TRC may designate;
  • h) remove any copyright, trademark, or other proprietary rights notices contained on the Site; 
  • i) interfere with or disrupt the Site, or the servers and/or networks connected to the Site; 
  • j) post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
  • k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site; 
  • l) "frame" or "mirror" any part of the Site, without our specific, prior written authorization; 
  • m) use metatags, code or other devices containing any reference to TRC or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
  • n) to use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of TRC.  Prohibited commercial uses include any of the following actions taken without TRC’s express consent: (i) sale of access to the Site or its related services on another website (except as explicitly permitted to affiliates); and/or (ii) providing use of the Site or its related Services, to third parties.

TRC reserves the right but has no obligation, to reject any Account that does not comply, in TRC’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to the terms of these T&Cs.  TRC reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct.

However, in any event, TRC assumes no responsibility for the conduct of other Users on the Site. 

 

12.Digital Millennium Copyright Act

a)If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • 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
  • 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.

TRC’s designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent

c/o Traders Circle Inc.

3003 Ave. X #5F

Brooklyn, NY 11235

copyright@traderscircle.com 

 

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.  

b)Counter-Notice.  If you believe that your content or Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:

  •  Your physical or electronic signature;
  •  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  •  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  •  Your name, address, telephone number, and e-mail address;
  •  a statement that you consent to the jurisdiction of the federal court in Kings County, New York; and 

a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

13. Privacy: Your privacy is very important to us.  To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy Policy, please use the link provided on the Site’s home page.

14. Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, Data Products or the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein.

15. Warranties: You expressly agree that access and/or use of the Site, Data Products, and/or Services is at your sole risk. The Site, Data Products, and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited to, non-infringement of intellectual property. The Site, Data Products, and/or Services may contain bugs, errors, problems, or other limitations. 

We and the Covered Parties have no liability whatsoever for your use of or inability to use, the Site, Data Products and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. 

The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site, Data Products, and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site, Data Products, and/or Services shall create any warranty, representation, or guarantee not expressly stated in this Agreement.  We are not responsible to you and/or any third party, without limitation, for 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of, User communications; 2) the conduct of any User, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another's rights, including intellectual property rights. 

TRC shall not be liable to you for any services, products, and/or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site, Data Products, and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your membership and to discontinue use of the Site and Services. 

16. Third-party Websites:  The Site may contain links to other websites owned and operated by TRC, as well as links, banner advertisements, pop-ups, and/or other online methods to redirect you to other third-party websites not owned or controlled by TRC.  TRC has no control over and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site.  By using the Site, you expressly relieve TRC from any and all liability arising from your use of any third-party website.  Furthermore, TRC does not endorse, and is not responsible or liable for, any content, advertising, services, products, and/or other materials at or available through such third-party websites or resources, or for any damages and/or losses arising therefrom. 

Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit.  You will bound by the terms and conditions, policy policies, and rules and regulations of any TRC or a third-party website you access through the Site.  

17. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site, Data Products or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision or any other provisions in this Agreement.

You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.

18. Dispute Resolution:  If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and we agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement, Data Products, or our Services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to info@traderscircle.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Choice of Law and Forum - This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed in all respects by the laws of the State of New York without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in Kings County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option section below. You agree to submit to the personal jurisdiction of the courts located within Kings County, New York for the purpose of litigating all such Claims or disputes.

Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All Claims you bring against us must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to the Dispute Resolution Section, we may recover attorneys' fees and costs up to $1000, provided that we notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.  

19. Legal Warning: Any attempt by any User to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, Data Products, and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. 

20. Contact Us: 

Traders Circle Inc.

contact@traderscircle.com