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TradeHelp Inc and related Affiliate Websites

Website Terms and Conditions of Use

 

Effective Date: 08/30/2015. Updated on: 03/12/2019

Your use of the web sites on which these terms reside (collectively, the "Site"), and the features at this Site are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Site. This Site (www.tradehelp.org) and all affiliated Sites currently registered, but not limited to www.tradepedia.net, www.tradesimulator.net, www.tradehelpbank.org (collectively, the “Affiliated Sites”) are owned, operated and/or controlled by TradeHelp Inc. ("Company"). By accessing this Site and all affiliated Sites in any way, including, without limitation, browsing this Site and all affiliated Sites, using any information, and/or submitting information to Company, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. Please feel free to contact the Company for an explanation of any terms and conditions. From time to time we may update this Site and any affiliated Site and these Terms. Your use of this Site and all affiliated Sites after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, at its sole discretion, and at any time, discontinue this Site or any affiliated Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that the Company will have no liability to you if this Site or any affiliated Site is discontinued or your ability to access this Site, or any affiliated Site or any content you may have posted on the Site is terminated. All restrictions, rights granted by you and all disclaimers and limitations of liability will survive any termination. Company Content on this Site that is provided by Company, legally related entities and parties or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, products, services, proprietary data and program names, programs, formulas, applications, slogans, and the compilation of the foregoing ("Company Content") is the property of Company, legally related entities and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Company Content located on the Site or any affiliated Site for use in any publications, in public performances, on websites other than this Site or affiliated Sites for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion and misrepresentation among consumers, that disparages or discredits Company and/or its legally related entities, parties and/or licensors, that dilutes the strength of Company's or its legally related entities’, parties’ or licensor's property, or that otherwise infringes Company’s or its legally related entities/, parties’ or licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or Third Party Content that appears on this Site or any affiliated Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to TradeHelp Inc at corp@tradehelp.org, legal@tradehelp.orgcopyright@tradehelp.org, or to DMCA Notice, TradeHelp Inc Legal Dept., 971 N La Cienega Boulevard, Suite 202, Los Angeles, CA 90069, USA. Please include the following, as required by the DMCA:

Identify the copyrighted work(s) you claim is infringed.

Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.

Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).

Include the Claimant’s name, address, and telephone number(s).

Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

When we receive an Infringement Notice with all the required information and are able to locate the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under to DMCA:

  • A physical or electronic signature of the person submitting the counter-notification;
  • Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
  • The name, address, email address and telephone number of the person submitting the counter-notification;
  • A statement that the person submitting the counter-notification consents to the jurisdiction of Federal District Court for his/her judicial district, or if the person is outside the United States, for any judicial district in which TradeHelp may be found, and that the person will accept service of process from the person who submitted the DMCA claim or his/her agent.

 

TRADEHELP™ MESSAGE TO ALL USERS

Here, at TradeHelp™, we pay undivided attention and administer strict observance of due diligence, legal compliance, provision of corporate responsibility which protects, fosters and facilitates utmost safety, security and trust for all our Users.

 

USER ACCOUNT VALIDATION

TradeHelp™ requires all Users to provide valid and legally verifiable information upon registration. TradeHelp™ reserves the right to validate and verify information pertaining all registered Users in order to establish and facilitate secure business environment, free of fraud, solicitation and misrepresentation.

TradeHelp™ reserves the sole right to close any User Account subject to any fraudulent activity, solicitation, misrepresentation, infringement, breach and violation of Terms of Use and Privacy Policy.

corporate registration information such as registration numbers or documentation provided upon Account registration (General Information tab contains a field for uploading copies of any corporate document/s User wishes to provide, reflecting company’s legal name and business address. At User discretion, User can provide a copy of any shipping document or commercial certificate such as Packing List, Bill of Lading, Terminal Receipt, Delivery Order; any commercial certificate; corporate registration document; trade association membership; business license or any other pertinent document. Validation of company’s status is required to verify company’s identity and valid status), will not be shared with, available to or accessible to other Users, will not be publicly displayed to other Users on TradeHelp™ platform, will not be shared with any 3rd party unless required pursuant to the court order, legal claim, injunction, decision of a court or a regulatory authority, a lawsuit or any law enforced statute.

Companies and products subject to enforced United States CBP, EAR, BIS, OFAC, other OGA regulations, Denied Parties List, black listed parties, sanctioned, prohibited, embargoed, - are automatically denied registration on TradeHelp™.

Companies and products subject to future discoveries, imposing, enforcements, related to Denied Parties List, black listed parties, sanctioned, prohibited, embargoed under International Trade Acts, Trade Acts and Federal Trade Regulations of the United States, CBP, EAR, BIS, OFAC, other OGA regulations, – will be removed from TradeHelp™ without a Notice.

TradeHelp™ is partnering with Dun & Bradstreet /Hoovers on all User Account data screening, trade compliance, ratings, legal status verification, validation and monitoring.

 

USE OF THE SITE AND POSTING POLICY

The following requirements apply to your use of the Site or any affiliated Sites and User Content: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, soliciting, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing, other than strictly prescribed business purpose and intended use of this Site established by the nature of content, format, Terms of Use of this Site and its provided services established by the Company; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of direct or indirect solicitation such as posting your contact information and requests to be contacted as part of your posted commercial offers, inquiries and published User profile or unauthorized communication, other than strictly prescribed business purpose and intended use of this Site established by the nature of content, format, Terms of Use of this Site and its provided services established by the Company; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, or corrupt and harm functionality of this Site or any affiliated Sites; (g) you will not false advertise, misrepresent, commit forgery and any fraudulent activities on any of your service and/or product on which you do not possess a title of ownership; (h) you will not advertise and offer your service and/or product if such is deriving from origins utilizing child’s labor, abuse and any form of unethical, illegal and forced labor; (i) you will not be advertising and offering any illegal service and/or product; (j) you will not be advertising and offering a service or product subjected to, controlled, prohibited and sanctioned by International Trade Acts, Trade Acts and Federal Trade Regulations imposed by U.S. Government and any of its authority.

From time to time on certain areas of our Site and affiliated Sites you may be able to submit photos, written posts and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, soliciting, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site and all affiliated Sites, or feature of the Site and affiliated Sites. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site and affiliated Sites or features therein. Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site and all affiliated Sites or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Site and all affiliated Sites, you hereby grant to the Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, edit and revise any User Content (without notice), as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones and applications, other affiliated platforms, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all content submitted, displayed, published or posted by you on the Site and all affiliated Sites and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You further represent that all information provided by you through this Site and all affiliated Sites is true and accurate. Company reserves the right to remove any User Content you provide, in its sole discretion, without any notice to you.

You agree to indemnify and hold the Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, matters related to conducting business with Users outside of this Site and all affiliated Sites, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company or this Site and all affiliated Sites.

 

REPRESENTATIONS AND LIMITATIONS OF LIABILITY

Company makes no representations about the reliability of the features of this Site and all affiliated Sites, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Site and all affiliated Sites will be at your own risk. Company makes no representations regarding the amount of time that any Content or User Content will be preserved. Company makes no representation or warranties (i) that any material, images, applications or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or (ii) concerning inaccuracies, typographical errors or other defects on the Site and all affiliated Sites or applications or material available on or through Site and all affiliated Sites. You agree to use this Site and all affiliated Sites, applications and functions at your own risk.

Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE\'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

THIRD PARTY WEBSITES

This Site and affiliated Sites may hyperlink to sites not maintained by or related to the Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site, affiliated Sites or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site and all affiliated Sites is subject to the terms of that site's privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.

 

MISCELLANEOUS

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles. By using this site and any affiliated Site you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in the State of California. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

On certain areas of our Site and all affiliated Sites, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed as a breach of these Terms.

If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Company, and is accepted by you upon your use of the Site and all affiliated Site or your account. These Terms constitute the entire agreement between you and the Company regarding the use of the Site, all affiliated Sites and your account. By using the Site and all affiliated Sites you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

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