ZTrade® Online & Website
The terms of this User Agreement (“Agreement”) govern your use of the ZTrade® website, its content and any and all social media posts together with but not limited to, your free ZTrade® account, ZTrade® account registration processes and your interactions or participation if any (collectively called “User Agreement”).
BINDING DISCLOSURES
This agreement covers your individual, personal and all other use that might not be foreseen or herein identified explicitly and specifically of the ZTrade® website and all its content that’s brought to general public and you for personal, educational and informational use only. ZTrade® company websites, software and their content are presented solely for informational purposes and to provide access to certain electronic products or services with which you may or will directly interface. No offer or solicitation to buy or sell securities, securities derivative or futures products or cryptocurrencies or other digital assets, or any type of investment advice or recommendation, is made, given or in any manner endorsed by any ZTrade® company or affiliate, and the information made available on or in any ZTrade® company website, application or other publication or communication is not an offer or solicitation of any kind.
BY contacting ZTrade® or Accessing ZTrade® content or Website you hereby through use or access certify, agree and acknowledge that ZTrade® employees or representatives are not licensed financial advisors, advisers, registered investment advisors or registered broker-dealers and that we do not provide investment or financial advice or make investment recommendations.
The risk of loss in trading securities, options, futures and Forex can be substantial. You must consider all relevant risk factors, including your own personal financial situation, before trading. Options involve risk and are not suitable for all investors. You alone are responsible for making your investment and trading decisions and for evaluating the merits and risks associated with the use of ZTrade® systems, services, or products.
No ZTrade® employee or representative is in the business of transacting trades, nor does he or she agree to direct your commodity accounts or give trading advice tailored to your particular situation. Nothing contained in your access to website constitutes a solicitation, recommendation, promotion, or endorsement of any particular security, other investment product, transaction or investment. When speaking directly to a ZTrade® employee or representative, you acknowledge and agree that you are assuming the entire risk of any and all trades you place in the stock market. You agree at all times to indemnify, defend and hold ZTrade®, its employees, representatives and affiliates harmless from and against any and all claims, actions, demands, suits, losses, and costs (including attorneys’ fees) resulting from trades you place in the market in any jurisdiction where such ZTrade® company or affiliate is not authorized to do business.
ZTrade® is not a registered broker-dealer or a registered investment adviser or a financial advisor. We do not affect transactions in securities or engage in other broker-dealer activities nor do we provide Tax Advice. We do not give investment advice or advise anyone on the value of securities or other investment instruments. We do not recommend trades or transactions in securities, commodities, futures, Forex or other financial instruments. We do not direct client commodity accounts or give commodity trading advice tailored to any particular client’s situation. Although we believe our Content consists solely of educational and informational material, some of our Content may be deemed to be impersonal investment-related information. The information we provide is based on our research and development review and independent outlook we obtain from ZTrade® Technologies. Investment-related information we provide is for educational and informational purposes only, and no trade ideas or other references we make to a particular security is a recommendation to buy, sell, or hold that or any other security, any portfolio of securities, or to affect any transaction or investment strategy. None of the information we give is tailored to your investment needs or the investment needs of any person. We do not guarantee that following any of the information we provide would result in profitable investment activities. We do not warrant or guarantee the accuracy, completeness or adequacy of the information we provide, the information included on this Site or the information contained on sites linked to our Site. Your use of information on our Site or materials linked to our Site is entirely at your own risk.
Becoming a ZTrade® Registrant
Personal Information
To become a Registrant, we ask you to provide your e-mail address. In order to participate in other offers, we may also ask you to provide certain personally identifiable information, including your first and last name, address, cell phone number, home number and/or date of birth. We may also assign to you a ZTrade® identification number or other identifier such as username. ZTrade® offers a zero-cost subscription. You do not have to pay for your subscription. Becoming a Registrant is voluntary and provides you with access to Content, which includes but is not limited to exclusive ZTrade® emails and offerings. For Any Reason We have the right to suspend or terminate your subscription and refuse any and all current or future use of the Site (or any portion thereof) by you, especially if we have a reasonable basis to believe that such information is untrue, inaccurate, or incomplete. Our use of any information you provide to us as part of the subscription process is governed by the terms of our Privacy Policy located at https://www.ZTrade®.org/Legal_Page
Username and Password
To become a ZTrade® Registrant, you will need a username, consisting of a valid email address, and password, which you will choose as part of our ZTrade® registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate.
Email, Mobile Phone Numbers and Opt-Out Choices:
By providing us with your email address, you consent to our using your email address to send you required notices related to our services, including among other things, notices required by law, instead of using the United States postal services. You may not opt out of service notices because they are required by law.
We may also send you other messages, including information about our Content, features of our subscription, the offers in our store and other information about ZTrade® by email address or to your mobile telephone number if you use a mobile device. You may opt out of such emails by sending an email to support@ZTrade®.org. You may opt out of mobile text messages and other special messages by contacting ZTrade® customer service at 1- 321-284-4400, 9am-4pm ESD Monday through Friday or email support@ZTrade®.org 24 hours a day, 7 days a week.
DISCLAIMERS: NO WARRANTIES OF ANY KIND ARE BEING MADE OR GIVEN
Except as expressly provided otherwise in an agreement between you and a ZTrade® company, all products, services, information, software and system performance offered or provided in ZTrade® company websites or applications are offered and/or provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose. Your use of any ZTrade® company websites and applications and all ZTrade® (and affiliated) products and services is at your own risk.
In no event shall any ZTrade® company be liable for any special, incidental, indirect or consequential damages of any kind, or any financial losses or damages whatsoever, including, without limitation, those resulting from loss of (or errors in) service, online access, website, software or data, whether or not any ZTrade® company or its representatives have been advised of the possibility of such damages, and regardless of the theory of liability. ZTrade® company websites and applications, as well as the order execution systems and services used by ZTrade® companies, could, and likely do, include some technical and other inaccuracies and errors. In addition, changes are periodically made to the information on ZTrade® company websites and applications without advance notice of any kind. ZTrade® companies may also make (or accept from the applicable vendors or providers) improvements and/or changes in the products, services and programs described in ZTrade® company websites and applications at any time without advance notice of any kind.
THIRD PARTY MATERIALS AND WEBSITE LINKS
ZTrade® company websites, website content or applications may contain references and links to other companies and/or their websites, none of which is under the control of any ZTrade® company. ZTrade® companies make no representations, warranties or endorsements whatsoever about any other websites to which you may have access through any ZTrade® company websites or applications, or any products or services of those other companies, even if the products or services of those other companies or their websites are described or offered on any ZTrade® company websites or applications or integrated with a ZTrade® company’s products or services.
Objectionable Material
You understand that by using the Site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site at your sole risk and ZTrade® shall have no liability to you for material that may be found to be offensive, indecent or objectionable. Content and all ZTrade® produced material that is provided via the Site, email or any other distribution channel is provided for convenience, and you agree that ZTrade® does not guarantee complete accuracy.
Intellectual Property
Our Content and Materials
This Site and all the content and materials available on the Site are the property of ZTrade® and/or our affiliates or licensors, and are protected by copyright, trademark, international treaties and other intellectual property laws. The Site is provided solely for your personal non-commercial use. We are granting to you a personal, nontransferable, limited, revocable license to use this Site, subject to these Terms of Use. Because the right to use this Site is personal to you, you may not transfer that right to any other person or entity. Unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, port, sell, transfer, sublease, broadcast, publicly perform or display, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without our written consent. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE SITES HYPERLINKED TO THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF ZTRADE® IS STRICTLY PROHIBITED. In addition, you may not decompile, reverse engineer, disassemble or reduce any portion of the Site to a human-readable form. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use. If you do so, you must retain all copyright and other proprietary notices on such materials. By downloading and/or printing such materials, you do not acquire any ownership rights to them. You acknowledge and agree that you are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other liability resulting from your improper use of this Site.
Content You Provide to Us
This Site may include a variety of features that allow you to give feedback to us and to submit materials to us. This Site also may include other features that allow you to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you are the sole owner of any material you submit, or are making your submission with the express consent of the owner(s) of the material; (ii) that you are 18 years of age or older; (iii) that the materials will not violate the rights of, or cause injury to, any person or entity; and (iv) that you will defend, indemnify and hold harmless us, our parent, our subsidiary corporations, our affiliates, and each of our and their respective directors, officers, managers, subscribers, shareholders, partners, employees, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials submitted to the Site by you or by others using your username and password. You also grant us a license to use the materials you submit via such features, as described above under the header “License to Content and Materials You Submit to Us.” We have the right, but not the obligation, to monitor the content of the Site and any site that are hyperlinked to our Site at all times, including any social networking features, chat rooms and other similar mediums that may hereinafter be included as part of the Site, to determine compliance with these Terms of Use, any other applicable user rules, and any applicable laws, rules regulations or authorized government or self-regulatory requests. We reserve the right at all times, in our sole discretion, to screen content submitted by users and Subscribers and to edit, move, delete, and/or refuse to accept any content that we believe in our sole discretion violates these Terms of Use or is otherwise unacceptable or inappropriate, for any reason. We may reject any content or any materials or content you submit in our sole discretion. You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, and each of their officers, directors, managers, partners, subscribers, employees, shareholders, agents, representatives, our licensors, other users, and/or the public in general.
Conduct Restrictions
Your use of this Site and/or the sites that are hyperlinked to this Site must comply with these Terms of Use. Your use of this Site and the sites hyperlinked to this Site must be limited to lawful non-commercial activities. You may not access or use this Site or otherwise engage in conduct that violates or infringes in any way upon the rights of others that is threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. You may not use someone else’s image or personal information without such person’s express authorization, and you may not impersonate any party related to ZTrade® or any third- party on this Site. You may not access or use this Site in a manner that constitutes a criminal offense or encourages such conduct, gives rise to civil liability or otherwise violates any law or encourages such conduct. You may not access or use this Site to advertise or solicit products or services. You may not use any unauthorized means to access this Site. At our sole discretion you may not access this Site with any automated system, including “robots,” “spiders,” or “offline readers.” You may not introduce or attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any equipment, including telecommunications equipment. You may not attempt to gain unauthorized access to our computer network or our registration or Registrant information. You may not engage in conduct designed to damage, disable, overburden or impair our systems. You are prohibited from engaging in any conduct with respect to this Site that we, in our sole discretion, believe restricts or inhibits any other person or entity from using or enjoying this Site and/or any of the sites hyperlinked to this Site.
Linking and Framing
You may not establish a hypertext link or inline link to our Site or any of the content of our Site, if such link could result in the use of our Site in a manner prohibited by these Terms of Use. You may not, without our prior written permission, frame or imbed any of the content of our Site or incorporate into another website or other service any of our material, content or other intellectual property. The provisions above apply to and are for the benefit of us and our parent, our affiliates and our licensors.
Confidential Information
You are responsible for protecting the confidentiality of your own subscription, identification information, usernames, passwords, in connection with your use of this website. You agree to notify us immediately of any suspected unauthorized use of your subscription, identification information, passwords, or any other breach of security by calling ZTrade® customer service at 1-321-284-4400 or sending email to support@ZTrade®.org 24 hours a day, 7 days a week. We will not be responsible for any losses you incur from the unauthorized use of your subscription, identification information, usernames, passwords. You agree to defend, indemnify and hold harmless ZTrade®, our parent, our subsidiary corporations and our affiliates from any unauthorized or illegal uses of such information. You acknowledge that, although the Internet can be a secure environment, interruptions in service or events may occur that are beyond our control. We shall not be responsible for any data lost while transmitting information on the Internet
Suspension and Termination of Access and Subscription
You agree that, in our sole discretion, we may suspend or terminate your access, your password, other identification numbers, (or any part thereof) or use of the Site, or any part of the Site, and remove and dispose of any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password or other identification numbers, or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
NON-PERSONAL INFORMATION
All information received through ZTrade® company websites and applications, other than personal information required to open your account or subscription, modify your account or subscription, or related to your transactions, shall be deemed NON-personal. Any NON-personal information or material sent to a ZTrade® company will be deemed to be NOT confidential or proprietary. Please note that ZTrade® companies do not want to receive any such NON-personal information or material from you through their websites or applications. By sending a ZTrade® company any NON-personal information or material, you grant to that ZTrade® company and its affiliates an unrestricted, non-exclusive, irrevocable, perpetual, royalty-free license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute, and otherwise commercially exploit, such information and materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you agree that such ZTrade® company and its affiliates are free to use, for any purpose, any ideas, concepts, know-how or techniques that you send it, without obligation to you of any kind and you warrant that all so-called “moral rights” are waived by you.
USE OF INFORMATION
Except as otherwise indicated elsewhere on a ZTrade® company website or application, you may not copy, print or distribute documents, images or other media (collectively, “media”) available on such site or application. To the extent, if any, that copying, printing or distribution is expressly permitted, it is subject to the following conditions:
INDEMNIFICATION
You agree to indemnify, defend and hold harmless each ZTrade® company, each of their affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this User Agreement or your use of any ZTrade® company website or Software application, including, but not limited to, ZTrade® Company Presentations, your posts and other contributions as a user of Interactive Forums and Sites, your use of any ZTrade® company website’s Content, or software applications, interactive content, advertisements, services or products other than as expressly authorized in this User Agreement or your use of any information obtained from any ZTrade® company website or software application
WAIVER AND SEVERABILITY
No waiver by any ZTrade® company of any term or condition set out in this User Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of any ZTrade® company to assert a right or provision under this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of this User Agreement will continue in full force and effect.
Participation and Use of Content
Viewing Content
Viewing Content requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of the required software is recommended to access Content and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility
Content Availability
ZTrade® reserves the right to change Content options (including eligibility for particular features) without notice.
Changes
We reserve the right to change these Terms of Use and or our Privacy Policy or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use or Privacy Policy on the Site and update the “Last Updated” date to reflect the date of the changes. All changes will be effective immediately upon our posting the changes on the Site. By continuing to use the Site after we post any such changes, you agree to accept and to be bound by the Terms of Use and/or Privacy Policy, as modified. If you do not agree to the changes, please promptly discontinue use of the Site. You should re-read these Terms of Use and our Privacy Policy periodically, so you are up to date with respect to any changes that we have made to the Terms of Use or our Privacy Policy. Also, we will modify the terms of your existing ZTrade® subscription as needed. Changes will affect your ZTrade® subscription from such date of change. We reserve the right to terminate the use of any username or password, or to deny access to our Content or any other features of the Site, to anyone who violates these Terms of Use or who, in our sole determination, interferes with the ability of others to enjoy our Site or infringes the rights of others. We have the right at any time to change or discontinue any aspect or feature of the Site or any ZTrade®-produced product or service, including, but not limited to, Content, hours of availability, exclusive offers. We may stop providing any part or parts of the content or information or category or type of information at any time. We may change or eliminate any transmission method and may change transmission speeds or other technical characteristics of our Site. You agree that we will not be liable to you or to any third-party for any modification, suspension or a discontinuance of the Site or any portion thereof.
COPYRIGHT; LIMITED LICENSE
The information on ZTrade® company websites and software applications is protected by copyright:
Copyright © ZTrade® Companies 2012 – Present. All rights reserved. Except as specifically permitted herein, no portion of the information on any ZTrade® company website or software application may be reproduced in any form or by any means without prior written permission from ZTrade®. Use of Software. The software, data and accompanying documentation that are made available from any ZTrade® company website or software application are the copyrighted work of the applicable ZTrade® company or its licensors. Use of the software and data is governed by the terms of the applicable license, subscription or other agreement(s).
TRADEMARK INFORMATION
The trademarks, logos and service marks (“Marks”) displayed on ZTrade® company websites and software applications are (i) owned by ZTrade® companies, or (ii) used by ZTrade® companies under licenses from their respective owners, or (iii) are the property of other third parties. You are not permitted to use the Marks without the prior written consent of the applicable ZTrade® company or third party.
General
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Site or otherwise arising out of or related to these Terms within one (1) year after such claim or cause of action arose. The section titles in these Terms are for convenience only and have no legal or contractual effect.