December 16, 2017
By accessing or using this website (the “Site”) of XBTO Trading, LLC and its affiliates (collectively, “Company”), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Company, and governs your access and use of the Site, which includes any text, graphics, user interfaces, information, data, tools, products, services, and other content (together, “Content”) available on or through the Site. You may contact Company by e-mail at firstname.lastname@example.org with questions about the terms and conditions of this User Agreement. PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
1. Company grants you a limited right to use the Site.
⬢ Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
⬢ At any time and for any reason we may revoke your right to use all or any portion of the Site.
⬢ You may not violate or attempt to violate the security of the Site.
2. The Site is owned by Company, its affiliates and/or third parties.
⬢ The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Company, its affiliates and/or third parties.
⬢ You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
⬢ You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
⬢ You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information you learn from the Site with your financial, legal or tax advisors, and others with whom you share trading or investment decisions.
⬢ You may not remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the Site.
3. You make certain representations and warranties regarding your use of the Site.
⬢ You represent and warrant that:
o you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
o you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
o you will not delete any Content.
4. All Content is for informational purposes only.
⬢ Nothing on the Site is an offer or solicitation to buy or sell any commodity, security, or other financial asset.
⬢ Although the Site may include trading-related information, nothing on the Site is a recommendation that you purchase, sell, or hold any commodity or other instrument, or that you pursue any trading style or strategy.
⬢ Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy.
⬢ We do not give any advice or make any representations through the Site as to whether any commodity, security, investment, or financial asset is suitable to you or will be profitable.
⬢ Nothing on the Site is intended to be, and you should not consider anything on the Site to be, trading, investment, accounting, tax, legal, or professional advice of any kind.
⬢ If you would like professional advice, you should consult with your own financial advisors, accountants, or attorneys regarding your individual circumstances and needs.
⬢ THE PAST PERFORMANCE OF ANY COMMODITY, SECURITY, INVESTMENT, STRATEGY, OR STYLE IS NOT INDICATIVE OF NOR A GUARANTEE OF FUTURE PERFORMANCE.
5. There are various risks you assume in relying on the Content.
⬢ The Content speaks only as of the date indicated, if any.
⬢ We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware it is inaccurate, outdated, or otherwise inappropriate.
⬢ We may change all or any portion of the Site at any time without notice to you.
⬢ We do not endorse the opinions of or warrant the accuracy of facts or other Content contributed by any third party.
⬢ You agree we are not liable for any action you take or decision you make in reliance on any Content.
6. If Company provides you with a password, you must keep your password and certain Content confidential.
⬢ You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify Company immediately of any actual or suspected loss, theft, or unauthorized use of your password.
⬢ You may not disclose any Content that is contained within the password-protected portion of the Site to any third party, except to your professional advisors, and others with whom you share trading or investment decisions.
⬢ We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
7. Company is not liable for any technological problems and any impact they may have.
⬢ All or any portion of the Site may not be available and may not function properly at any time.
⬢ We make reasonable efforts to avoid technological problems, but at any time, the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
⬢ We take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
⬢ We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site.
⬢ We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
⬢ We are not liable for any defects, delays, or errors in or resulting from your use of the Site.
8. Company is not responsible for information on any third-party website that is referenced in, or accessible or connected by hyperlink to, the Site.
⬢ If you access any third-party website through the Site or otherwise, you do so at your own risk.
⬢ Hyperlinks to or from the Site do not constitute third-party endorsement of, sponsorship by, or affiliation with us.
9. Company has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate.
⬢ We may monitor and record activity on the Site for any reason or for no reason.
⬢ We may investigate any complaint or reported violation of our policies.
⬢ We may report any activity we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities we deem appropriate.
⬢ We may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site or take any other action we deem appropriate.
11. COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM.
⬢ THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
⬢ WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF
o FITNESS FOR A PARTICULAR PURPOSE, AND
o NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
⬢ WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, SUITABILITY, OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
12. COMPANY’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
⬢ IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, LICENSEES, AGENTS, OR PERSONNEL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE SITE.
⬢ OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.
⬢ UNDER ALL CIRCUMSTANCES, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY AND ITS LICENSEES, AGENTS, AND PERSONNEL TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS ONE HUNDRED U.S. DOLLARS ($100.00).
⬢ THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
13. You will be responsible for any liability to Company that arises out of your breach of this User Agreement or your use of the Site.
⬢ You agree to indemnify, defend, and hold harmless Company and its affiliates, licensees, agents, personnel, and third-party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs, and expenses (including actual attorneys’ fees) that arise from or relate to:
o your use of the Site,
o your breach of this User Agreement or any representation, warranty, or covenant made by you in this User Agreement,
o your violation of any applicable law, statute, ordinance, regulation, or of any third-party’s rights, or
o claims asserted by third-parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in this User Agreement.
14. This User Agreement will be governed by and construed and enforced solely in accordance with the laws of the State of New York and the United States of America, without regard to conflicts of law principles. The courts within the County and the State of New York will have exclusive jurisdiction to adjudicate any dispute arising out of this User Agreement, except with regard to injunctive relief.
⬢ No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
o the class certification is denied; or
o the class is decertified; or
o the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.
15. You will be bound by any revised versions of this User Agreement that Company posts on the Site.
⬢ Modifications will be effective immediately upon posting unless we indicate otherwise.
⬢ Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
16. You are bound by the following general conditions.
⬢ We may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
⬢ If any provision of this User Agreement is found unenforceable or unlawful, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
⬢ This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Company concerning the subject matter hereof.