Website Terms of Service - 'MikesAutoTrader'
Note on translation - These Website Terms of Service may have been translated into various languages for the convenience of 'MikesAutoTrader' Users. While the translation is correct to the best of 'MikesAutoTrader's knowledge, 'MikesAutoTrader' is not responsible or liable in the event of an inaccuracy. English is the controlling language of these Terms of Service, and any translation has been prepared for you as a courtesy only. In the event of a conflict between the English-language version of these Terms of Service and a version that has been translated into another language, the English-language version shall control.
Please note that our Terms and Conditions may be changed at any time according to our sole discretion, without notice to the User. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement. Any changes made to these terms will become effective when posted on the 'MikesAutoTrader' Website at http://www.MikesAutoTrader.com/ ("Website").
Before accessing or using the services offered on the Website, please read carefully the following terms and Service contained in this Website. These terms govern your access to and use of the Website and any videos, software, programs, sweepstakes, services, tools, materials, or other information available through the Website or used in connection therewith (collectively, the "Service"). 'MikesAutoTrader' is willing to license and allow the use of this Website and/or the Service only on the condition that you accept and agree to all of the terms and conditions contained therein. By using the Website, you therefore agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you are not granted the permission to access or otherwise use the Website, and you are instructed to exit the Website immediately.
The Service - the Website is an online information service with downloadable and web based software and is subject to the terms and conditions set forth below and the End User License Agreement.
The Videos - the videos displayed on the Website are provided for informational and promotional purposes only and should not be relied upon in making decisions and are for simulation only by using actor(s) and demo accounts. These videos were made in order, to give you a sense and feel for what can achieve by winning an awards while using the Software. The videos may not be accurate and is not based on accurate past true events and are for simulation purposes only. Nonetheless, any and all information perceived from these videos through either visual, verbal, or written do not constitute financial, legal, tax or other professional advice and is not intended as a substitute for consultation with a qualified professional. 'MikesAutoTrader' has used its best efforts in producing these videos but 'MikesAutoTrader' does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of these videos. The information contained in these videos is strictly for informational and Promotional purposes. Therefore, if you wish to apply and use the Software, you are taking full responsibility for your actions. No statement in these videos is to be construed as furnishing investment advice or being a recommendation, solicitation or offer to buy or sell any type of security and/or financial instruments. No representation is being made that any User will or is likely to achieve profits or losses similar to those discussed and mentioned in the videos. The past performance of any trading system including the Software or methodology is not necessarily indicative of future results. Definitely consult your Financial Advisor before ever investing or trading any financial instrument.
'MikesAutoTrader' shall in no event be held liable to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties. As in all cases, viewers should never take any information perceived from these or any other videos at face value and should always do their own due diligence on any viewed material to form their own opinions and best judgments. And where applicable, the advice of a competent legal, tax, accounting or other professional should be always sought before taking action of any kind.
The videos are copyrighted by 'MikesAutoTrader' and shall not be copied, stored, or changed in any format, sold, or used in any way under any circumstance or distributed or broadcast in any way without express permission from 'MikesAutoTrader'.
'MikesAutoTrader' reserves the right to suspend, modify, remove and/or add any Service in its sole discretion and without notice, including any 'vacation extravaganza' as mentioned in one of the videos, displayed in the Website, which will be subject to a sweepstakes offered by 'MikesAutoTrader'. Any sweepstakes offered by 'MikesAutoTrader' will be subject to 'MikesAutoTrader' internal rules and upon 'MikesAutoTrader' sole discretion. In the event of such suspension, modification, removal or addition of any Service for any reason, the Company will not be liable in any way to you.
1. Earnings and Income Disclaimer
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS (IN REAL OR SIMULATIONS USING DEMO ACCOUNTS), AS TO INCOME EARNINGS OR PERCENTAGE GAIN, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS. TRADING PERFORMANCE (MONETARY AND INCOME RESULTS) ARE BASED ON MANY PEROSNAL FACTORS. YOU MAY AND SHOULD ASSUME YOU WILL PROBABLY WILL LOSE MONEY TRADING. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL BE A SUCCESSFUL, PROFITABLE TRADER, OR MAKE ANY MONEY AT ALL IN YOUR TRADING USING OUR SERVICE.
THERE IS NO ASSURANCE YOU WILL DO AS WELL AS OUR 'MikesAutoTrader'. IF YOU RELY UPON THE FIGURES AS PRESENTED IN THE VIDEOS, YOU ACCEPT THE RISK OF NOT DOING AS WELL OR EVEN LOSE TRADING CAPITAL.
OUR SOFTWARE AND/OR SERVICE MAY HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR VIDEOS, SERVICE, OR WEBSITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR FINANCIAL DECISIONS RELATING TO ANY INFORMATION PRESENTED BY US, OR OUR SERVICE.
2. Proprietary Rights
All intellectual property of or relating to the Website and the Service, including but not limited to content, information, videos, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including html code), algorithms, methods of doing business, user interfaces, graphic design, look and feel and Software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, "Intellectual Property"), unless otherwise indicated, are owned, controlled and licensed in their entirety by 'MikesAutoTrader', its affiliates, its successors and assigns, and/or by third parties who have granted 'MikesAutoTrader' license to use such Intellectual Property. This includes, but not limited to, all material which may be found on the Website, including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio and text.
Content, software or services referenced herein or on the Website are the exclusive trademarks or service-marks of 'MikesAutoTrader' or their respective owners and are protected by law. Except as expressly provided herein, 'MikesAutoTrader' does not grant any express or implied right to You or any other person in any intellectual or proprietary rights. The Software, programs, information, videos or materials available through the Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by 'MikesAutoTrader' or third party licensors. The Website name, its logo, and all other names, logos and icons identifying the 'MikesAutoTrader' Website and its Service are proprietary trademarks of the Company, and any use of such marks, such as domain names, without the express written permission of 'MikesAutoTrader', is strictly prohibited.
3. Limited License Grant
The Website is provided by 'MikesAutoTrader', and conditional with the acceptance of this Website Terms of Service Agreement, provides You with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website and download the Software, any programs, services, tools, materials, videos or information made available through or from the Website. The Website Terms of Service permit you to use and access for personal use only the 'MikesAutoTrader' Website (a) on a single laptop, workstation, or computer and (b) on a mobile device from the Internet or through an on-line network. You may also download information from the Website into your laptop, workstation or computer's temporary memory (RAM) and print and download materials and information from the Website solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.
4. License Restrictions
The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY 'MikesAutoTrader' THROUGH THE WEBSITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO VIDEOS, TEXT, GRAPHICS, CODE AND/OR SOFTWARE. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, OR (ii) attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of any User(s), any other systems or networks connected to the Website or its servers, to any of the Service offered on or through the Website, by hacking, password "mining", or any other illegitimate or prohibited means, OR (iii) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, OR (iv) reverse look-up, trace, or seek to trace any information on any User of or visitor to the 'MikesAutoTrader' Website, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Website or transaction conducted on the Website, or with any other person's use of the Website, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to 'MikesAutoTrader' on or through the Website, OR (viii) use the Website to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, use the 'MikesAutoTrader' name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Website, in whole or in part, without the express, separate and prior written permission of 'MikesAutoTrader', OR (x) use the Website in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact 'MikesAutoTrader'.
Moreover, this license is only valid where 'MikesAutoTrader' is permitted to operate by regulatory status. Access to and use of this Website in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by 'MikesAutoTrader'.
5. Third party Disclaimer
You acknowledge that some of the Service and/or Software components, may be provided by a third party and thus, there might be latency, error, malfunction, delay in data etc. which 'MikesAutoTrader' has no control of, 'MikesAutoTrader' shall make all commercially reasonable efforts to make the Software and/or the Service available to the User. 'MikesAutoTrader' shall have no responsibility or liability for any losses or damages suffered or incurred from the use, operation, or performance of the Service and/or the Software and for any direct, indirect, punitive, incidental, special or consequential damages that arise from any fault, inaccuracy, omission, delay or any other failure due to third party failure(s).
'MikesAutoTrader' makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Website or which You may access through a link on this Website. Your correspondence or any other dealings with such third parties found on this Website are solely between you and such third party. Accordingly, 'MikesAutoTrader' EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY, AND/OR QUALITY OF THE INFORMATION, PRODUCTS AND/OR SERVICE AVAILABLE THROUGH OR ADVERTISED ON THESE THIRD-PARTY WEBSITES.
6. Disclaimer - No Warranties
You understand and accept that 'MikesAutoTrader' cannot and does not guarantee or warrant that Software available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. 'MikesAutoTrader' PROVIDES THE WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER. 'MikesAutoTrader' SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITH REGARD TO THE WEBSITE, SERVICE, SOFTWARE, ANY INFORMATION OR THIRD-PARTY INFORMATION OR LINKS PROVIDED THEREON, 'MikesAutoTrader' SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICES, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. 'MikesAutoTrader' DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. 'MikesAutoTrader' HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL 'MikesAutoTrader' BE LIABLE FOR ANY CLAIMS FOR DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR PARTICULAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR PERSONAL DEPENDENCE ON THIS WEBSITE.
You agree to indemnify, defend and hold harmless 'MikesAutoTrader', its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
8. User Obligations
If you provide any false, inaccurate, untrue, or incomplete information, 'MikesAutoTrader' reserves the right to terminate immediately Your access to and use of the Website and the Service. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Website and the Service. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk. While 'MikesAutoTrader' has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, 'MikesAutoTrader' is not responsible for the security, or any breach thereof, of any information transmitted to or from the Website. You agree to assume all responsibility concerning activities related to Your use of the Website, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Website and its downloadable software, and maintaining or backing up any data.
9. User Name and Password Policy
Registration as an authorized user for access to certain areas of the Website may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity are not permitted and may result in one, some or all accounts being closed by 'MikesAutoTrader'. By using the Website, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user's account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify 'MikesAutoTrader'. 'MikesAutoTrader' cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. 'MikesAutoTrader' also reserves the right to delete or change (with notice) a user name or password at any time and for any reason. 'MikesAutoTrader' will not be liable for any damages caused by the theft, or any unauthorized use of your username and password, whether you reported it to 'MikesAutoTrader' or not.
11. Void Where Prohibited
Any offer for any product or Service made on this Website is void where prohibited. Moreover, 'MikesAutoTrader' makes no representations regarding the legality of access to or use of the Website, its content the Service and Software in any country. Although the Website may be accessible worldwide, not all features, products or Service provided or offered through or on the Website are appropriate or available for use in all countries. 'MikesAutoTrader' reserves the right to limit, in its discretion, the provision and quantity of any feature, product or Service to any person or geographic area. If You access the Website from a jurisdiction where the Website is prohibited, You are not allowed to do it and doing so is at your own risk and You are solely responsible for complying with all applicable local regulations. People under 18 years of age are not permitted to use the Website.
12. No Advice
You acknowledge that neither the Website or the Service, is not authorized to offer any legal, tax, accounting or investment advice, or recommendation regarding suitability, profitability, investment strategy or other matter.
13. Enforcing Website Security
Actual or attempted unauthorized use of this Website may result in criminal and/or civil prosecution. 'MikesAutoTrader' reserves the right to view, monitor, and record activity on the Website without notice or permission from the User, including, without limitation, by archiving notices or communications sent by you through the Website. In addition, 'MikesAutoTrader' reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Website, or any portion thereof, in order to protect the Website or 'MikesAutoTrader's business.
14. Notice of Security Breach
In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any identifying personal information provided to or made available by 'MikesAutoTrader', or any unauthorized hacking of the Website, you shall (i) immediately notify 'MikesAutoTrader' of such breach or potential breach, (ii) assist 'MikesAutoTrader' as reasonably necessary to prevent or rectify any such breach, and (iii) enable 'MikesAutoTrader' to comply with any applicable laws requiring the report on a security breach which leads to any infringement related to identifying personal information.
15. Term and Termination
These Terms of Service which govern Your right to use the Website, will take effect at the moment you access or use the Website, and are effective until updated, or terminated as set forth below. This Agreement, or part of it, may be terminated by 'MikesAutoTrader' without notice, at any time, and for any reason. In addition, 'MikesAutoTrader' reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Website, in whole or in part, in order to protect 'MikesAutoTrader', its name and goodwill, its business and/or other authorized users. If the above happens, or if you fail to comply with these Terms of Service, the termination is subjected to the survival rights described below. You may also terminate this Agreement at any time by ceasing to use the Website, subject to the survival rights below. Termination is effective without notice. Upon termination, You must destroy all copies of any aspect of the Website that you have made and remove downloaded software from Your possession.
The following provisions shall survive termination of the Website Terms of Service Agreement for any reason: Earning and Income Disclaimer (§1), Proprietary Rights (§2), Limited License Grant (§3), License Restrictions (§4), Third party Disclaimer (§5), Disclaimer - No Warranties (§6), Indemnification (§7), Governing Law (§16), and Miscellaneous (§17).
16. Governing Law and Dispute Resolution
These Terms of Service and all disputes or claims arising out of or related thereto shall be governed by the laws of United Kingdom; in the case of law rules, UK law shall prevail. Any cause of action or claim arising out of use of the Website must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred from being submitted.
The Parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in London, UK or another place agreed by Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
If any provision of these Terms of Service is ruled invalid or otherwise unenforceable by a court of competent jurisdiction, or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be construed as amended in order to achieve as closely as possible the same effect as the Terms of Service as original drafted.
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