BY USING THE SERVICE, OR DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY CONTENT AVAILABLE THROUGH THE SITE, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO FOLLOW ALL APPLICABLE LAWS, DO NOT ACCESS THE SITE OR USE THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT E2T IS NOT A BROKER-DEALER, AS SUCH TERM IS USED IN UNITED STATES FINANCIAL SERVICES REGULATIONS, AND THAT E2T DOES NOT TRADE SECURITIES ON ITS OR ANY OTHER PARTY’S BEHALF AS PART OF THE SITE OR SERVICE, NOR DOES E2T DIRECTLY OFFER ANY FINANCIAL ADVICE OF ITS OWN AS PART OF THE SITE OR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT E2T IS NOT LIABLE FOR ANY LOSSES OR GAINS THAT MAY ARISE FROM YOUR RELIANCE UPON INFORMATION PROVIDED THROUGH THE SITE OR SERVICE OR YOUR INTERACTION WITH OTHER USERS.
Questions or Additional Information:
- License Grant
- Subject to the terms and conditions of this Agreement, E2T hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Service solely on a server controlled by E2T and solely for your own purposes. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement. E2T may modify, update, suspend or discontinue access to the Site and Services, in whole or in part, at its sole discretion for any or no reason, at any time and with or without notice. E2T shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
- Restrictions on License Grant
- Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of E2T or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
Because of the difficulty associated with quantifying damages, in addition to any other damages to which E2T may be entitled, if actual damages cannot be reasonably calculated then you agree to pay E2T liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay E2T’ actual damages, to the extent such actual damages can be reasonably calculated.
- You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement;
- You shall not republish, upload, post, transmit or distribute the Service or the Content in any way;
- You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content;
- You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
- You shall not access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;
- You shall not access the Service if you sell or provide any service, software, or product that may compete with E2T’ services, software, or products (a “Competitor”);
- You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of E2T or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
- You shall not attempt to probe, scan or test the vulnerability of a system, account or network of E2T or any of its customers or suppliers, any E2T product or service, or those of any other party;
- You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software;
- You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to E2T or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
- You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any E2T (or E2T supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any E2T (or E2T supplier) facilities used to deliver the Service;
- You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and
- You shall not knowingly use the Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.
- You represent and warrant that you are at least 18 years of age. In jurisdictions, territories and locations where the minimum age for permissible use of the Sites or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Sites or Services. If you are under the minimum age for permissible use of the Sites or Services in your jurisdiction, territory or location, you may not utilize the Sites or Services.
You represent and warrant that you have not been convicted of a felony, disciplined by the National Futures Association or disciplined by the U.S. Commodity Futures Trading Commission. You represent and warrant that you do not have an outstanding balance with a trading firm. If you are a convicted felon, have been disciplined by the National Futures Association, have been disciplined by the U.S. Commodity Futures Trading Commission, or have an outstanding balance with a trading firm, you are not eligible to use the Sites or Services.
You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.
- Your Obligations
- You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You are also solely and exclusively responsible for providing and maintaining all computer hardware, telephone and other equipment necessary to operate the licensed Service and the internet service required to access the Service over the Internet. E2T shall have no responsibility for the procurement,operation or compatibility of your hardware or capabilities of your internet service provider.
- Account Access
- Where use of the Service is contingent on accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Service) to log-in to the password protected Service. If non-authorized individuals have access to your systems or to your users’ user-id and password, they may be able to use the Service. You and your users shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent. You shall: (i) notify E2T immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to E2T immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) notify E2T when you no longer require access to the Service; and (v) keep all of your profile information current.
By entering your name during the purchase process, you declare that it's your own name and that you are not trading on behalf of anyone else. The name you indicate represents the permanent owner and user of the account and cannot be changed during or after the evaluation process except for asking support to make minor grammatical corrections (i.e., typos).
In order to cancel an account, the user must do so personally in the user dashboard. The user is asked to confirm twice that they wish to cancel the account. After a cancellation, users forfeit their right to access their evaluation and SIM accounts and will not be receiving any data, nor are they able to reset their evaluation.
- Publication and Distribution of Content
- E2T cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site and Service. You acknowledge that E2T acts only as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated content. You acknowledge that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that E2T does not control, and is not responsible for Content made available through the Site and Service, and that by using the Site and Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You acknowledge and agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that E2T has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, E2T reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates the terms of this Agreement. By using the Site and Service, you agree that it is solely your responsibility to evaluate the risk associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Site and Service. Under no circumstances will E2T be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed through the Site or Service. You waive the right to bring or assert any claim against E2T relating to Content, and release E2T from any and all liability for or relating to any Content. If you encounter Content that you believe violates the terms of this Agreement or is otherwise unlawful, you may send an email to [email protected]
- Collection of Personal Information
E2T may collect certain personal information from you in order to provide services and to complete transactions. In such cases, E2T will ask you for personally identifiable information (“PII”), which information about you that can be used to contact or identify you, such as your name, phone number, email address, postal address, username, password, zip code, age and income.
How E2T Uses and Shares Your Information
E2T uses the information you provide to manage and improve its Site and Service, including, for example, to deliver advertising of interest to you, to assist with social sharing functionality, to develop new products and services, to contact you regarding our products or services, and to detect and prevent security threats, fraud or other malicious activity. E2T may share your Identify Information with its affiliates or with third parties which provide services to E2T and which agree to keep such PII confidential.
E2T retains the right to disclose PII as allowed or required by law, as well as under the following circumstances: (a) to respond to duly authorized information requests of police and governmental authorities; (b) to comply with any law, regulation, subpoena, or court order; (c) to investigate and help prevent security threats, fraud or other malicious activity, (d) to investigate and help prevent a violation of any contractual or other relationship with E2T or the perpetration of any illegal or harmful activity; (e) to enforce and protect the rights and properties of E2T, its affiliates and its business partners; or (f) to protect the personal safety of E2T’ employees, agents, affiliates, business partners, customers or site users. In connection with or in contemplation of a merger, consolidation, or sale or transfer of all or substantially all of the assets of E2T, your PII may be transferred to the new owner or the successor entity.
In addition to the foregoing, E2T may collect certain data relating to your use of the Site or the Service. You agree that E2T has an unrestricted (except as set forth herein), royalty free right to use statistical and other aggregated data derived from your use of Site or the Service (the “Aggregated Data”) for the provision, development and improvement of products and services to E2T’ customers. The Aggregated Data does not include (directly or by inference) any information identifying you or any identifiable individual and may only be used by E2T if it is combined with similar aggregated data from E2T’s other customers. E2T acknowledges and agrees that the Aggregated Data is provided AS IS and E2T uses the same at its own risk. Notwithstanding anything to the contrary, you assume no risk and shall have no liability and no responsibility with respect to the Aggregated Data.
California Privacy Rights
Residents of the State of California, pursuant to Section 1798.83 of the California Civil Code, have the right to request from a business, with whom the State of California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by E2T pursuant to Section 1798.83 of the California Civil Code, please see contact information below.
E2T’ Site and Service is not intended for use by children and are not targeted to children. E2T does not knowingly collect information from children under the age of 13, solicit information from children, or market products to children.
Log Data and Cookies
E2T may record information that your browser sends whenever you visit the Site or use the Service (“Log Data”). This Log Data may include information such as your Internet Service Provider, your computer’s Internet Protocol address, browser type, and operating system, referring/exit pages, clickstream data, and other data. E2T may use this information for its own internal purposes, including improving the functionality and user-friendliness of E2T’ Site and Service.
E2T uses standard Internet technologies such as “cookies”and “web beacons” in order to retrace your interaction with our sites and services. “Cookies” are small files that are placed on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. You have the ability to prevent cookies from being saved on your computer by making the appropriate adjustments in your browser options. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.
- Intellectual Property Ownership
- All right, title and interest in the Service and the Site, including technology and trade secrets embodied therein and any Content or developments created or provided in connection with or related to the Service and the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to E2T or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of E2T or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. All Content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of E2T or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and E2T owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause E2T and its licensors irreparable injury, which may not be remedied at law, and you agree that E2T and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
- The E2T name and logo and other related names, design marks, product names, feature names and related logos are trademarks of E2T and may not be used, copied or imitated, in whole or in part, without the express prior written permission of E2T. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of E2T and may not be copied imitated or used, in whole or in part, without the express prior written permission of E2T.
- Refund Policy
- E2T offers non-tangible, irrevocable goods thus we do not provide refunds after purchase, which you acknowledge prior to purchasing any product on our websites. Please make sure that you've carefully read service description before making a purchase.
- Billing Policy
- We will charge or debit your payment method at the beginning of your subscription. When we renew your subscription, we will use the payment method currently associated with your account. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your membership will automatically cancel. We may attempt up to 3 times to collect payment. If we are unable to collect payment on your renewal date, and you wish to retain your membership, you will be subject to current payment plan offerings. You can view your payment method at any time by logging in to the E2T dashboard and editing your payment information in the “Settings” area.
Until you cancel, billing will continue according to the cycle stated at the time of your purchase.
If you would like to cancel your subscription, instructions can be found here on our FAQ’s.
Gauntlet Mini™ and Trader Career Path subscriptions automatically renew 30 days after your initial purchase of this self-service platform. You are responsible for keeping your payment information current. Declined payments or failure to make payment will result in a system downgrade of your account.
To prevent automatic renewal, your subscription must be canceled before your renewal date.
E2T has the right to collect on the rendered services and any fees associated with those disputes. E2T charges a $25.00 Chargeback Fee per chargeback and we reserve the right to send you to collections and pursue you with the full force of the law.
By using E2T, you understand and agree to our Billing Policies.
- Term; Termination; Suspension of Service
- The term of this Agreement commences on your first use of the Service and continues through any subsequent use of the Service thereafter. Any unauthorized use of the Service will be deemed a material breach of this Agreement. E2T, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement or E2T’ then-current payment or refund policies. In addition, E2T may terminate a free account at any time in its sole discretion. If Service is suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe to the Service, including the payment of any fees required to be paid by a new subscriber.
- Lifetime account status is conferred on a subscriber as long as the subscription remains active. An active account is an account which has experienced a successful login attempt to the Dashboard, or in which the subscriber of the account has communicated with Earn2Trade within a 120 day period. If the account remains dormant for a period of over 120 days, it will be disabled, and can be reactivated by the subscriber upon correspondence requesting to do so.
- Representations & Warranties
- Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, you must immediately stop using the Service.
- You shall defend, indemnify and hold E2T harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys’ fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Service or (ii) your breach or violations of this Agreement.
- Disclaimer of Warranties
- EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SERVICE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E2T, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “ E2T PARTY(IES)”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER E2T NOR ANY E2T PARTY WARRANTS THAT (I) THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF E2T’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) E2T AND THE E2T PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SERVICE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER E2T NOR ANY OF THE E2T PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.
- Interruption of Service
- YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICE, INCLUDING, THE PUBLIC TELEPHONE, COMPUTER NETWORKS AND THE INTERNET OR TO TRANSMIT INFORMATION, WHETHER OR NOT SUPPLIED BY YOU OR E2T, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT THE ACCESS TO AND/OR THE USE OR OPERATION OF THE SERVICE. NEITHER E2T NOR ANY OF THE E2T PARTIES SHALL BE LIABLE FOR ANY INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO AND/OR USE OF THE SERVICE.
- Limitation of Liability
- NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL E2T BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF E2T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. E2T SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF E2T IN CONNECTION WITH THE SERVICE AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PAYMENTS MADE TO E2T FOR THE SPECIFIC SERVICE(S) GIVING RISE TO SUCH CLAIM IN THE ONE MONTH PERIOD PRIOR TO SUCH CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE SERVICE PROVIDED HEREUNDER.Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
- E2T may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in E2T’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in E2T’ account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to E2T (such notice shall be deemed given when received by E2T) at any time by any of the following: letter sent by pdf to E2T at the following email address: [email protected]
- Copyright Infringement Claims
- E2T respects the intellectual property of others and will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, E2T will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and remove or disable access to any reference or link to material or activity that is claimed to be infringing. E2T may also terminate access for users of the Site and Service who are infringers.
Notifying E2T of Copyright Infringement Claims: To provide us with notice of an infringement, you must provide a written communication to the attention of DMCA Notification Dept. at [email protected] that sets forth the information set forth below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. You must provide the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a detailed description of where the material that you claim is infringing is located or found on the Sites and Services; 4. your address, telephone number, and email address; 5. 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; and 6. 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. Providing E2T with Counter-Notification: If E2T removes or disables access to Content in response to an infringement notice, E2T may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of DMCA Notification Dept. at [email protected] that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, E2T recommends seeking advice of an attorney.
- Modification to Terms
- E2T reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
- Assignment; Change in Control
- This Agreement may not be assigned by you without the prior written approval of E2T but may be assigned without your consent by E2T to any party acquiring all or any part of E2T’ assets. Any actual or proposed change in control of your account that results or would result in a Competitor of E2T directly owning or controlling 50% or more of your account shall entitle E2T to terminate this Agreement with just cause immediately upon written notice.
- Customer Communications; Disclosure
- From time-to-time E2T may ask whether or not you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by notifying E2T. Because the Service is a hosted, online application, E2T may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. E2T reserves the right to disclose that you are a user of the Service.
- Trade Risk Disclaimer
- YOU AGREE THAT ANY USE OF THE SITE OR SERVICE SHOULD NOT BE INTERPRETED: (i) AS INVESTMENT, LEGAL OR TAX ADVICE; (ii) AS AN OFFER TO BUY OR SELL ANY SECURITIES, DERIVATIVE, FUTURES OR SERVICES; OR (iii) AS A REPLACEMENT FOR YOUR OWN PROFESSIONAL SKILL AND JUDGMENT.
- This Agreement shall be governed by Wyoming law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods.
- Any dispute, controversy or claim arising under, out of, in connection with or in relation to this Agreement, or the breach, termination, validity or enforceability of any provision hereof (a “Dispute”), if not resolved informally through negotiation between the parties, will be submitted to non-binding mediation. Either party may initiate mediation or arbitration by serving or mailing a written notice to the other. The parties will mutually determine who the mediator will be from a list of mediators obtained from the American Arbitration Association officelocated in Austin, Texas (“AAA”).If the parties are unable to agree on the mediator, the mediator will be selected by the AAA. If any Dispute is not resolved through mediation within sixty (60) days from the date of commencement of mediation, it will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the AAA then applicable. One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of disputes. The arbitrator will reference the rules of evidence of the Federal Rules of Evidence then in effect in setting the scope of discovery, except that no requests for admissions will be permitted and interrogatories will be limited to identifying (a) persons with knowledge of relevant facts and (b) expert witnesses and their opinions and the bases therefor. Any negotiation, mediation or arbitration conducted pursuant to this Section will take place in Austin, Texas. Other than those matters involving injunctive relief or any action necessary to enforce the award of the arbitrator, the parties agree that the provisions of this Section are a complete defense to any suit, action or other proceeding instituted in any court or before any administrative tribunal with respect to any jurisdiction or venue in any Dispute. The prevailing party shall be entitled to recovery of costs, fees (including reasonable attorney’s fees) and/or taxes paid or incurred in obtaining the award. Furthermore, any costs, fees or taxes involved in enforcing the award shall be fully assessed against and paid by the party resisting enforcement of the award.
- Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
- It may be necessary for E2T to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. E2T provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free. Any degradation or interruption in the Service shall not give rise to a refund or credit of any fees paid by you.
- No joint venture, partnership, employment, or agency relationship exists between you and E2T as a result of this agreement or use of the Service. The failure of E2T to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by E2T in writing.
- Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.
- If you have not entered into another agreement with E2T regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and E2T and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and E2T have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and E2T, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to [email protected]
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