Last update 20/06/2021
ECLUBTRADING LTD. TERMS AND CONDITIONS OF USE & PURCHASE
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER OVER WWW.ECLUBTRADING.COM. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS ABOUT FINANCIAL RISK, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITIES (see Sections 2, 15 and 16 below). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
UNLESS YOU, THE USER, HAVE ANOTHER VALID WRITTEN AGREEMENT WITH ECLUBTRADING LTD. OR ITS SUPPLIERS, WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR PRODUCTS PURCHASED FROM ECLUBTRADING LTD., OR UNLESS OTHER, OR ADDITIONAL, ECLUBTRADING LTD. TERMS ARE SPECIFIED IN WRITING FOR A SPECIFIC PRODUCT OR SUPPORT, THE FOLLOWING ECLUBTRADING LTD. TERMS (“TERMS”) (TOGETHER WITH ANY ADDITIONAL ECLUBTRADING LTD. TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN YOUR USE OF ECLUBTRADING LTD.’S WEBSITE AND ALL PURCHASES, SUBSCRIPTIONS, LICENSES AND SUPPORT.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
ECLUBTRADING LTD. reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://eclubtrading.com/terms-and-conditions/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or services which are added to the current Website shall also be subject to the Terms.
Table of Contents
- General Services
- IMPORTANT DISCLAIMER ABOUT ECLUBTRADING LTD. AND ITS SERVICES – YOUR RESULTS WILL VARY AND THERE ARE SIGNIFICANT FINANCIAL RISKS
- Website Use
- Website User Conduct and Restrictions
- Information You Provide, Registration and Passwords
- Order and Payment
- SUBSCRIPTION PAYMENTS AND AUTOMATIC CHARGES
- SUBSCRIPTIONS CANCELLATION POLICY
- Shipping and Delivery
- REFUND POLICY
- Services and Products Available on the Website
- Interactive Features and Rules
- Testimonials and Reviews
- DISCLAIMERS OF OTHER WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- ECLUBTRADING LTD.’s Additional Remedies
- Notice and Takedown Procedures; Copyright Act
- Third-Party Links
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Entire Agreement
- Contacting Us
1. GENERAL SERVICES
By accessing the Website or using any of ECLUBTRADING LTD.’s services, both free and paid (the “Premium Services”), you agree to comply with these Terms. If you do not agree to the Terms contained herein, you are not permitted to use the Website or the services, and we do not consent to provide you with access to the Website or the services. Subject to your full compliance with these Terms, ECLUBTRADING LTD. may provide its users with access to:
Free content including, but not limited to, blogs and content written by ECLUBTRADING LTD. commentators, videos, emails, podcasts, webinars, conference calls, user-generated content, free trials, and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs.
The Premium Services and the free services are collectively referred to in these Terms as the “Services”. You also understand and agree that the Services may include certain communications from ECLUBTRADING LTD. and others with whom we work, such as service announcements, promotional marketing, contests, giveaways and administrative messages. In the event you would like to opt-out of these communications you may do so at any time but understand that by doing so ECLUBTRADING LTD. will not continue to provide any of the aforementioned free services.
2. IMPORTANT DISCLAIMER ABOUT ECLUBTRADING LTD. AND ITS SERVICES – YOUR RESULTS WILL VARY AND THERE ARE SIGNIFICANT FINANCIAL RISKS
ECLUBTRADING LTD. is a registered company that disseminates information about economic, business, and capital markets issues through various media. ECLUBTRADING LTD. is not an investment advisory service, a registered investment advisor, broker-dealer, or any other type of business subject to regulation by the Securities and Exchange Commission, the Commodities Futures Trading Commission, or state securities regulators, or any “self-regulatory organization” (such as FINRA). WE DO NOT PURPORT TO TELL OR SUGGEST WHICH SECURITIES OR CURRENCIES CUSTOMERS SHOULD BUY OR SELL THEMSELVES, WE DO NOT MAKE TRADES FOR YOU AND ARE NOT A TRADING PLATFORM. Please do not sign up for or purchase our Services if this is what you are seeking. Although ECLUBTRADING LTD. strives to provide accurate and reliable information from sources that it believes to be reliable, ECLUBTRADING LTD. makes no guarantees as to the accuracy, completeness, timeliness, or correctness of any such information. ECLUBTRADING LTD. makes no guarantee or promise of any kind, express or implied, that anyone will profit from or avoid losses from using information disseminated through ECLUBTRADING LTD.. Nor is there any guarantee that you will earn back all, or even a portion, of what you pay to purchase any of our Premium Services.
All investments are subject to risk of loss, which you should consider in making any investment decisions. By agreeing to these Terms, you are agreeing to the risks involved in trading stock, options, and future markets and are also acknowledging that you, and not ECLUBTRADING LTD., are solely responsible for any losses, financial or otherwise, as a result of using the Services. ECLUBTRADING LTD. shall, under no circumstances, be liable for any lost investment of money, lost profits, or lost opportunities. You should consult with a financial advisor, attorney, accountant or other qualified professional prior to making any investment decision. Before placing any trade, you should consult with a licensed broker or registered investment advisor as well as read The Characteristics and Risks of Standardized Options, which is available here: https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document
The risk of loss in trading options, crypto currencies, futures, and all financial and non-financial assets can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. The high degree of leverage that is often obtainable in options trading may benefit you as well as conversely lead to large losses beyond your initial investment. Past results are not indicative of future results. Specifically, past results of any individual trader or trading system published by ECLUBTRADING LTD. are not indicative of future returns by that trader or system and are not indicative of future returns which may be realized by you. No representation is being made that you will or likely are to achieve profits similar to those shown.
The content and programs that ECLUBTRADING LTD. distributes and provides, both free and paid, are for informational and educational purposes. No one should consider the information disseminated by ECLUBTRADING LTD. to be personalized investment advice, a recommendation to buy, sell or hold any investment, an offer (or a solicitation of an offer) to buy or sell any investment, or the provision of any other kind of advice that would require ECLUBTRADING LTD. to register as a broker-dealer, investment adviser or similar entity. No one associated with ECLUBTRADING LTD. is authorized to make any representation to the contrary.
It should not be assumed that the methods, techniques, or indicators presented in the Services or the Website will be profitable or that they will not result in losses. In addition, the indicators, strategies, columns, articles and all other features of ECLUBTRADING LTD. are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on ECLUBTRADING LTD.’s Website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the information provided through the Services in making any investment. Rather, you should use such information only as a starting point for doing additional independent research to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
ECLUBTRADING LTD. provides information that viewers of its programs may consider in making their own investment decisions. However, you will be responsible for considering such information carefully and evaluating how it might relate to your own decision to buy, sell or hold any investment. Such decisions must be based on your individual and independent evaluation of your financial circumstances, investment objectives, risk tolerance, liquidity needs, family commitments and other factors, not in reliance on any information obtained from ECLUBTRADING LTD..
Statements by any person (whether identified as associated with ECLUBTRADING LTD. or any other entity) represent the opinions of that person only and do not necessarily reflect the opinions of ECLUBTRADING LTD. or any other person associated with ECLUBTRADING LTD..
It is possible that any individual providing information or expressing an opinion on any ECLUBTRADING LTD. program may hold an investment position (or may be contemplating holding an investment position) that is inconsistent with the information provided or the opinion being expressed. This may reflect the financial or other circumstances of the individual or it may reflect some other consideration. Additionally, the independent contractors and employees or affiliates of ECLUBTRADING LTD. may hold positions in the stocks, currencies or industries discussed on the Website or in the Services. You should take this into account when evaluating the information provided or the opinion being expressed.
In addition, hypothetical performance results have many inherent limitations, some of which are described here. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS (ALSO KNOWN AS “PAPER OR VIRTUAL TRADING”) IN THE MODEL PORTFOLIOS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED WITH CAPITAL, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
3. WEBSITE USE
The Website is intended for use by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
4. WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website and Services are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The ECLUBTRADING LTD. trademark and logo are proprietary marks of ECLUBTRADING LTD., and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, copyrighted material, trademark, trade name, patent, trade dress, trade secret, or confidential information owned by ECLUBTRADING LTD..
Subject to your continued strict compliance with all Terms, ECLUBTRADING LTD. provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website or Services in any unlawful manner or a manner harmful to ECLUBTRADING LTD.. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or the Services.
6. INFORMATION YOU PROVIDE, REGISTRATION AND PASSWORDS
In order to gain access to portions of the Services, you must become a member by choosing a unique user name and supplying us with true, accurate, current and complete information about yourself, as required on the registration page. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of any password you may use to access your ECLUBTRADING LTD. user account, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your user account, to any third party.
We may refuse to grant you a username and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by ECLUBTRADING LTD. in its sole discretion.
You are fully responsible for all transactions with, and information conveyed to, ECLUBTRADING LTD. under your user account. You agree to immediately notify ECLUBTRADING LTD. of any unauthorized use of your password or username or any other breach of security related to your user account by e-mailing us at [email protected] You agree that ECLUBTRADING LTD. is not liable, and you will hold ECLUBTRADING LTD. harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.
7. ORDER AND PAYMENT
If you order a Service or product, payment must be received by us before your order is accepted, unless a multi-payment plan has been selected. If a multi-payment plan is selected, future payments must be made at the agreed intervals.
We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
Potential users can pay by credit card or other methods listed as acceptable methods of payment at checkout. Payment details shall be collected by us through a secure financial data collection mechanism. You acknowledge and agree that, with respect to payments made by credit card, the service providers used by ECLUBTRADING LTD to process your payment(s) hold data relating to the transaction, which may include the last four digits and the expiration date of the card used to purchase the Services or products together with details on when payment is due. The user further acknowledges and agrees that payments are due on a recurring basis in accordance with the payment terms for the specific Service purchased (unless the subscription is cancelled or terminated in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific Service. Please see Section 8 below for more information on subscription payments and automatic charges.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
8. SUBSCRIPTION PAYMENTS AND AUTOMATIC CHARGES
Your subscription will continue for the period referenced during registration (the “Subscription Period”) and renew automatically at the end of the Subscription Period unless you cancel as provided in Section 9 below. A ECLUBTRADING LTD. user is responsible for paying all sums due to ECLUBTRADING LTD. in connection with their monthly or yearly subscriptions in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly or yearly fee is a condition of access. IF YOU HAVE PURCHASED A MONTHLY SUBSCRIPTION, EVERY CALENDAR MONTH, YOUR ACCOUNT WILL BE CHARGED THE SUBSCRIPTION FEE PLUS APPLICABLE TAX FOR THE FOLLOWING MONTH’S SUBSCRIPTION, TOGETHER WITH ANY OTHER FEES FOR THE FOLLOWING MONTH’S SUBSCRIPTION (COLLECTIVELY, “FEES”). IF YOU HAVE PURCHASED AN ANNUAL SUBSCRIPTION, YOU WILL NOT BE CHARGED FOR THE NEXT YEAR’S SUBSCRIPTION UNLESS YOU AFFIRMATIVELY CHOOSE TO DO SO. Failure by you to use any of the Services purchased does not relieve you of your payment obligations under these Terms.
9. SUBSCRIPTION CANCELLATION POLICY
Except for annual subscriptions, your subscription will renew automatically at the end of the Subscription Period unless you notify our Customer Service Team by e-mail to [email protected] before your Subscription Period ends. If you do not notify us as described above, your subscription will be renewed on the payment card or method you supplied during the registration process for the same Subscription Period and price as your original purchase unless you have agreed to any increase in price. In connection with recurring billing for automatic subscription renewals, you authorize ECLUBTRADING LTD. to bill your payment card account number or other method of payment, regardless of whether the other information associated with your subscription has changed. If your payment card or payment method information changes, it is your responsibility to notify us of those changes in order for your subscription to continue. You agree to pay all fees and charges incurred in connection with your username, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due for the Services or products purchased. In the event we have to collect unpaid amounts that you may owe ECLUBTRADING LTD., you will be liable for all of our attorney and collection agency fees. Please see Section 19 below for more information.
ECLUBTRADING LTD. may discontinue your Services if you fail to pay any sum due, or if after ten (10) days written notice you have not cured any other failure to perform under these Terms.
10. SHIPPING AND DELIVERY
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
11. REFUND POLICY
The refund policy for all ECLUBTRADING LTD. services is controlled by this “Refund Policy.” In instances where refund terms differ for a particular service from this Refund Policy, the refund terms will be located on the particular service’s checkout page and shall supersede this Refund Policy. Refunds are determined according to the refund policy in place at the time of purchase.
ECLUBTRADING LTD. offers a 14 DAY Free Trial of its basic service. You can cancel your subscription during this period and will receive the money paid back. For such cancellation, we need to receive them in writing at [email protected] within 14 days of subscribing to our service. If we do not receive such a cancellation within the required period, your subscription will continue at the agreed price.
Monthly subscriptions are non refundable. Your service will AUTOMATICALLY rebill at the current retail price. You must cancel prior to your billing date in order to stop further rebilling.
Requests for cancellation of monthly subscriptions received more than 24 hours after the subscription billing date will go into effect for the following month.
Annual subscriptions are eligible for a refund of the purchase price less the retail price of one month of service for the same subscription. Refund requests must be received within 30 days of purchase by email to [email protected]
Promotions, discounted pricing for annual subscriptions, bundles and packages are nonrefundable.
Live and recorded education programs are nonrefundable.
In the event that the service purchased is no longer available for any reason, including, but not limited to the service provider’s relationship with ECLUBTRADING LTD. terminating, including due to death or disability, ECLUBTRADING LTD. will provide you with similar services of equal or greater value for the remainder of your existing subscription.
If you have taken advantage of a first-month discounted trial for a particular service within the past 12 months, you are not entitled to another first-month discounted trial for that same service. Any attempt to take advantage of the same promotion or discount will result in an automatic upgrade to a monthly subscription at the current retail price.
12. SERVICES AND PRODUCTS AVAILABLE ON THE WEBSITE
Services, products and prices are generally posted on the Website, but are subject to change for future purchases. ECLUBTRADING LTD. reserves the right, without notice, to discontinue Services or products or modify specifications and prices on products and services for future purchases without incurring any obligation to you.
If you request a downgrade or other change in Services and it is approved by us, the downgrade, change (and corresponding price change) will become effective on the first day of the month following your requested downgrade.
ECLUBTRADING LTD. takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our Service or product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that ECLUBTRADING LTD. does not warrant that Service or product descriptions are accurate, complete, current, or error-free, or that packaging will match the actual physical product that you receive. All sales are deemed final except as provided in Section 11 of these Terms. ECLUBTRADING LTD.’s descriptions of, or references to, services or products not owned by ECLUBTRADING LTD. are not intended to imply endorsement of that product or service or constitute a warranty by ECLUBTRADING LTD..
13. INTERACTIVE FEATURES AND RULES
This Website may include a variety of features, such as bulletin boards, web logs, chat rooms, email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:
- (i) Restrict or inhibit any other user from using and enjoying the Website;
- (ii) Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (iii) Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
- (iv) Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- (v) Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means;
- (vi) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;
- (vii) Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- (viii) Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- (ix) Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component;
- (x) Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- (xi) Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; and/or
- (xii) GATHER FOR MARKETING PURPOSES ANY EMAIL ADDRESSES OR OTHER PERSONAL INFORMATION THAT HAS BEEN POSTED BY OTHER USERS OF THE WEBSITE.
Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums. ECLUBTRADING LTD. or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by ECLUBTRADING LTD.’s staff, ECLUBTRADING LTD.’s outside contributors, or by users not connected with ECLUBTRADING LTD., some of whom may employ anonymous usernames. ECLUBTRADING LTD. expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of ECLUBTRADING LTD. or any of its subsidiaries or affiliates.
ECLUBTRADING LTD. has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole and exclusive discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
14. TESTIMONIALS AND REVIEWS
ECLUBTRADING LTD. is pleased to hear from users and customers and welcomes your comments regarding our Services and products. ECLUBTRADING LTD. may use testimonials and/or product reviews in whole or in part together with the name, city, and state and, as may be applicable, country, of the person submitting it. Testimonials may be used for any form of activity relating to ECLUBTRADING LTD.’s services or products, in printed and online media, as ECLUBTRADING LTD. determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 2, your results will vary depending upon a variety of factors unique to you and market forces beyond ECLUBTRADING LTD.’s control.
NEITHER ECLUBTRADING LTD. NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN TESTIMONIALS ON THE WEBSITE.
Anything that you submit or post to the Website, provide us, and/or post in any social media, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.
Additionally, ECLUBTRADING LTD. reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. ECLUBTRADING LTD. shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
15. DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE , SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. LIMITATIONS OF LIABILITIES
IN NO EVENT SHALL ECLUBTRADING LTD.’S LIABILITY TO YOU EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ECLUBTRADING LTD. FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ECLUBTRADING LTD. OCCURRED OR ONE-THOUSAND DOLLARS ($500), WHICHEVER IS GREATER.
17. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
18. ECLUBTRADING LTD.’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to ECLUBTRADING LTD., in the event of any breach or threatened breach by you of the provisions of this Agreement, or any infringement or threatened infringement by you of the intellectual property of ECLUBTRADING LTD. or a third-party, ECLUBTRADING LTD. shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting ECLUBTRADING LTD. from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you.
20. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send ECLUBTRADING LTD. a notice requesting that ECLUBTRADING LTD. remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send ECLUBTRADING LTD. a counter-notice. Notices and counter-notices should be sent by e-mail to ECLUBTRADING LTD.’s Copyright Agent at [email protected] with the subject line “DMCA Notice” or “DMCA Counter-Notice”, and the e-mail must include all information and affirmations required by the Digital Millennium Copyright Act.
21. THIRD-PARTY LINKS
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ECLUBTRADING LTD. shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.
This Agreement will take effect (or shall re-take effect) at the time you click “COMPLETE PURCHASE”, “BUY NOW!,” “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Upon termination, you remain responsible for any outstanding payments to ECLUBTRADING LTD..
23. NO WAIVER
No failure or delay on the part of ECLUBTRADING LTD. in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by ECLUBTRADING LTD..
24. GOVERNING LAW AND VENUE
25. FORCE MAJEURE
ECLUBTRADING LTD. will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
ECLUBTRADING LTD. may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without ECLUBTRADING LTD.’s (or its assigns’) express written consent.
27. ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with ECLUBTRADING LTD. through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
28. CHANGES TO THE AGREEMENT
29. YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not re-sell, re-distribute, or export any Service or product that you order from the Website. You further represent that ECLUBTRADING LTD. has the right to rely upon all information provided to ECLUBTRADING LTD. by you, and ECLUBTRADING LTD. may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
Except as provided in Section 17 above with respect to the class action waiver, if any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
31. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and ECLUBTRADING LTD. and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any Service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and ECLUBTRADING LTD.. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
32. CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected]
If you have any questions or inquiries concerning any of the Terms, you may contact ECLUBTRADING LTD. by e-mail at [email protected]
Last update 20/06/2021