TERMS OF USE
Welcome to https://traderspirit.net! This website (the “Service”) and the Trader Spirit mobile application (the “Application”, the “App”) are operated by Trader Spirit Inc. (“us”, “we”, or “our”).
By accessing and using this website, you agree to be bound by the following terms and conditions of use:
- Acceptance of Terms.
- By accessing and using this website, you agree to be bound by these Terms of Use and our Privacy Policy. You acknowledge that you have carefully read and fully understood these terms, and that you agree to comply with them in their entirety. If you do not agree with any of these terms, you must immediately discontinue your use of this website.
- You further acknowledge that these terms constitute a binding legal agreement between you and the website owner, and that they govern your use of the website, including any content, features, and services provided through the website.
- Additionally, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these terms. If you are using this website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these terms, in which case the terms “you” and “your” shall refer to such entity.
- Please note that we may modify these terms at any time and without prior notice. It is your responsibility to review these terms periodically for any changes. Your continued use of the website following the posting of any changes to these terms constitutes acceptance of those changes.
- Ownership and Use of Content.
- The content on this website, including but not limited to text, graphics, logos, images, audio, video, and software, is the property of Trader Spirit Inc. or its content suppliers and is protected by intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws. You acknowledge and agree that all materials and content available on this website are the property of Trader Spirit Inc. or its licensors or suppliers and are protected by applicable intellectual property laws.
- You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the content on this website without our prior written consent. Unauthorized use or reproduction of any content on this website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
- You may download or print a single copy of the content on this website for personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. Any other use of the content on this website is strictly prohibited without our prior written consent.
- You may use the content on this website for personal, non-commercial purposes only. Any unauthorized use of the content on this website may violate copyright, trademark, and other laws.
- Use of Website.
- We require that you use this website only for lawful purposes and in compliance with these Terms of Use. You are prohibited from using this website in any way that could harm, disable, overburden, or impair our servers or networks.
- In using this website, you are strictly prohibited from engaging in any of the following activities:
- Violating any applicable laws, rules, or regulations;
- Conducting any fraudulent activity;
- Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
- Harvesting or collecting personally identifiable information from other users;
- Interfering with the security or functionality of this website;
- Transmitting any viruses, worms, or other harmful software.
- Any unauthorized use of this website may result in legal action against you.
- Your Account
- To access certain features of the Services, you must create an Account through the App, the Service or a third-party social networking service (“SNS Account”) such as Facebook. If you choose to use your SNS Account, we will extract certain personal information such as your name, email address and other personal information permitted by your privacy settings on the SNS Account to create your Account. It’s your responsibility to provide accurate, complete and up-to-date information for your Account and to update it as necessary to ensure it remains accurate, complete and up-to-date. Failure to do so may result in the suspension or termination of your Account.
- You are solely responsible for maintaining the confidentiality of your Account and password. You agree not to share your password or Account information with anyone else, and to take all necessary steps to prevent unauthorized access to your Account.
- You agree to accept responsibility for all activities that occur under your Account or password, whether authorized by you or not. You acknowledge that Trader Spirit Inc. is not responsible for any unauthorized access to your Account or for any loss or damage arising from such unauthorized access.
- You may not use anyone else’s Account or password without their express permission. If you become aware of any unauthorized access to your Account or any other breach of security, you agree to notify Trader Spirit Inc. immediately at support@traderspirit.net.
- We reserve the right to terminate or suspend your Account or access to the Services at any time, for any reason, without notice or liability to you.
- Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
- All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) for monthly or yearly subscriptions, at the beginning of the subscription period, and because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of fees for the next Subscription period.
- If you purchase your Subscription via the Service, you can cancel the renewal of your Subscription at any time by contacting us by email at support@traderspirit.net. If you purchase your Subscription via an App Provider, you can cancel the renewal of your Subscription at any time with the App Provider. Please note that you will not receive a refund for the fees you already paid for your current Subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
- Purchases and Fees
- Trader Spirit Inc. offers certain enhanced features of the Services which you can purchase as a monthly, yearly, or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your billing and delivery address(es) (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Trader Spirit Inc. may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization, and payment purposes; and (c) to bear any additional charges that your App Provider, bank, or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Trader Spirit Inc. until accepted and confirmed by Trader Spirit Inc. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
- If you have any concerns or objections regarding charges, you agree to raise them with us first, and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Trader Spirit Inc.
- We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Trader Spirit Inc. deems appropriate in its sole discretion. Trader Spirit Inc. also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Trader Spirit Inc. will either not charge you or refund the charges for orders that we do not process or cancel.
- Termination:
- We reserve the right to terminate your access to and use of the Services at our sole discretion and without notice to you. You may cancel your account at any time by sending an email to us at support@traderspirit.net.
- If you purchase a subscription via an App Provider, you should also cancel your subscription with the App Provider directly.
- Upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
- Please note that we reserve the right to terminate your account and access to our Services if you violate these Terms of Use, engage in any illegal activity, or engage in conduct that is harmful to us or our users. If we terminate your account for any reason, you will not be entitled to a refund of any fees or charges paid by you
- Limitation of Liability
- We do not guarantee the accuracy, completeness, timeliness, reliability, suitability, or availability of the website or its content. You acknowledge and agree that your use of the website is at your own risk and that we are not responsible for any harm or damages that may result from your use of the website or its content.
- We do not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or its servers are free of viruses or other harmful components.
- In no event shall Trader Spirit Inc. be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with these Terms of Use or the use of or inability to use the Services, Products or Content. In no event will Trader Spirit Inc’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Trader Spirit Inc. for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Trader Spirit Inc., as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Trader Spirit Inc. and you.
- Links to Third-Party Websites
- This website may contain links to third-party websites that are not owned or controlled by Trader Spirit Inc. We provide these links for your convenience and do not endorse the content or services of any third-party website. You acknowledge and agree that Trader Spirit Inc. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party website.
- We strongly advise you to review the Terms of Use and privacy policies of any third-party website you visit, as they may differ from ours. You acknowledge that accessing any third-party website is done at your own risk and that Trader Spirit Inc. shall not be liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website.
- By using this website, you expressly release Trader Spirit Inc, its affiliates, officers, directors, employees, agents, and successors from any and all liability arising from your use of any third-party website.
- User Submissions
- By submitting content, such as comments, reviews, or other materials, to this website, you grant Trader Spirit Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or format now known or developed in the future. You acknowledge and agree that Trader Spirit Inc. may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content for any purpose, including without limitation, marketing, advertising, or promotional purposes, and in connection with any products or services offered by Trader Spirit Inc.
- You represent and warrant that you have all necessary rights, licenses, and permissions to submit the content to this website and to grant Trader Spirit Inc. the rights to use the content as set forth in these Terms of Use. You further represent and warrant that the content is accurate, not misleading, and does not violate any applicable laws, regulations, or third-party rights, including but not limited to any intellectual property rights or rights of privacy or publicity.
- You acknowledge and agree that Trader Spirit Inc. may, in its sole discretion, review, monitor, edit, or remove any content that you submit to this website, for any reason, without notice or liability to you. However, Trader Spirit Inc. does not undertake to review all content submitted to this website and is not responsible for the content submitted by users or third parties. You are solely responsible for any content that you submit to this website, and you indemnify and hold Trader Spirit Inc. harmless from any and all claims, damages, or other losses arising from or in connection with the content you submit.
- Indemnification.
- You agree to indemnify, defend, and hold harmless Trader Spirit Inc., its affiliates, officers, directors, employees, and agents from and against any claims, actions, demands, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of this website, your violation of these Terms of Use, or your violation of any rights of any third party.
- This indemnification obligation will survive the termination of your account or your use of this website.
- Modification and Termination.
- We reserve the right, in our sole discretion, to modify, update, or terminate these Terms of Use, or any portion thereof, at any time and without prior notice. Any such changes or modifications will be effective immediately upon posting on this website. Your continued use of this website after any modifications to these Terms of Use shall constitute your acceptance of the modified terms.
- We may also, in our sole discretion, change, suspend, or discontinue all or any part of this website, including the availability of any features, databases, or content, at any time without prior notice or liability to you or any third party. We reserve the right to impose limits on certain features of the website or restrict your access to part or all of the website without notice or liability. We may also, in our sole discretion, refuse or cancel any user’s registration or access to the website without notice or liability if we believe that such user has violated or acted inconsistently with these Terms of Use.
- Termination.
- We reserve the right to terminate or suspend your access to this website at any time, without notice, for any reason, including, but not limited to, a breach of these Terms of Use.
- In the event of termination, you will immediately cease using this website. All provisions of these Terms of Use which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Governing Law, Jurisdiction and Dispute Resolution.
- These Terms of Use and your use of this website shall be governed by and construed in accordance with the laws of the jurisdiction in which Trader Spirit Inc. is located, without giving effect to any principles of conflicts of law.
- Any dispute arising out of or relating to these Terms of Use or your use of this website shall be resolved through binding arbitration in the jurisdiction in which Trader Spirit Inc. is located.
- The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees incurred in connection with the arbitration
- Entire Agreement
- These Terms of Use, along with our Privacy Policy, constitute the entire agreement and understanding between you and Trader Spirit Inc. with respect to the use of this website.
- Any prior agreements, understandings, communications, and representations, whether oral or written, related to the subject matter of these Terms of Use are hereby superseded and replaced by these Terms of Use.
- No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless in writing and signed by Trader Spirit Inc. In the event of any conflict between these Terms of Use and any other agreement you may have with Trader Spirit Inc., the terms of these Terms of Use shall govern.
- Survival.
- If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- In the event of such a finding, the invalid or unenforceable provision shall be deemed to be modified or deleted to the minimum extent necessary to comply with applicable law and to achieve the same economic effect as the original provision.
- If such modification or deletion is not possible, the provision shall be deemed to be severed from these Terms of Use, and the remaining provisions shall remain in full force and effect.
- Additional Terms for App Store Apps
- If you accessed or downloaded the Trader Spirit App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
- If you accessed or downloaded the Trader Spirit App from an App Provider, then you acknowledge and agree that:
- These Terms are concluded between you and Trader Spirit Inc., and not with App Provider, and that, as between Trader Spirit Inc. and the App Provider, Trader Spirit Inc. is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Trader Spirit Inc.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Trader Spirit Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Modifications
- We may modify or replace these Terms of Use at any time, in our sole discretion. We will notify you of any material changes by posting the updated Terms of Use on our website or by email.
- The date of the last revision will be indicated at the top of the page. It is your responsibility to review the updated Terms of Use. Your continued use of the Services after the effective date of the updated Terms of Use constitutes your acceptance of the updated terms.
- If you do not agree with the updated Terms of Use, you may terminate this Agreement by providing us with a written notice.
- Contact Us
If you have any questions about these Terms of Use or the Services, please contact us at support@traderspirit.net.