Terms of Use

These Terms of Use (the “Terms of Use”) apply to the PoshTrader web site located at www.poshtrader.com, and all associated sites linked to www.poshtrader.com by PoshTrader, its subsidiaries, and affiliates, including PoshTrader sites around the world (collectively, the “Site”). The Site is the property of PoshTrader Ltd. (“PoshTrader, Us, Marketplace”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

PoshTrader reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, PoshTrader grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, algorithms, product files, artwork and computer code (collectively, “Content”), contained on the Site is owned, controlled or licensed by or to PoshTrader, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly presented in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, posted, encoded, translated or distributed in any way (including “mirroring”) to any other computer, server, Web site or other media for publication or distribution or any business enterprise, without PoshTraders prove prior written permission.

You may use the information on PoshTrader products and services (such as descriptions, articles, and similar materials) deliberately made available by PoshTrader for downloading from the Site, provided that you not remove any restrictive notice in all copies of such documents, use such information only for your individual, non-commercial informational purpose and do not copy or post before-mentioned information on any networked computer, make no changes to any before-mentioned information, and not make any supplementary representations or pledges linking to before-mentioned documents.

Your Use of the Site

You may not use any “robot”, “spider” or other automatic devices, application, algorithm or methodology, or any similar or equivalent manual method, to access, collect, copy or monitor any portion of the Site or any Content, or in any way duplicate or bypass the navigational construction or presentation of the Site or any Content, to collect or try to obtain any elements, documents or information through any means not purposely made available through the Site. PoshTrader reserves the right to block any before-mentioned activity.

You may not attempt to gain illegal access to any part or feature of the Site, or any other systems or networks attached to the Site or any PoshTrader server, or any of the services offered on or within the Site, by hacking, password “mining” or any other illegal means.

You may not monitor, scan or analyze the vulnerability of the Site or any system connected to the Site, neither break the security or authentication means on the Site or any system connected to the Site. You may not reverse engineer, track or solicit to trace any data on any other user of or visitor to the Site, or any other client of PoshTrader, including any PoshTrader account not controlled by you, to its source, or abuse the Site or any service or data made available or contributed by or through the Site, in any way where the purpose is to reveal any data, including but not limited to individual credentials or information, other than your data, as presented for by the Site.

You acknowledge that you will not exercise any action that forces an extreme or disproportionately large load on the infrastructure of the Site or PoshTrader’s systems, or any systems or networks connected to the Site or PoshTrader.

You acknowledge not to use any equipment, software or system to intervene or attempt to intervene with the proper working of the Site or any activity being administered on the Site, or with any other person’s use of the Site.

You may not falsify headers or otherwise manipulate identifiers to conceal the source of any message you send to on or through the Site or any service allowed on or through the Site. You may not represent that you are, or that you serve, someone else, or imitate any other person or entity.

You may not use the Site or any Content for any plan that is unlawful or prohibited by these Terms of Use or to solicit the enforcement of any illegal activity or other activity that violates the rights of PoshTrader or others.

Shopping; Additional Terms and Conditions

Additional terms and conditions may apply to the shopping of products or services and to specific portions or features of the Site, including promotions or other similar highlights, all of which terms are made a part of these Terms of Use by this reference. You agree to bear by such other terms and conditions, including where applicable representing that you are of adequate lawful age to use or engage in such service or feature. If there is an opposition amid these Terms of Use and the terms posted for or applicable to a particular part of the Site or for any service offered on or throughout the Site, the following terms shall regulate to your use of that part of the Site or the particular service.

PoshTrader’s responsibilities, if any, concerning its products and services are governed solely by the agreements according to which they are provided, and nothing on this Site should be construed to change such agreements.

PoshTrader may initiate changes to any products or services offered on the Site, or to the relevant prices for any such products or services, at any time, without prior notice. The elements on the Site concerning products and services may be out of date, and PoshTrader does not bind to update the elements on the Site concerning such products and services.

Accounts, Passwords, and Security

Some features or services offered on or within the Site may require you to open an account (including setting up a PoshTrader Account and password). You are solely responsible for keeping the confidentiality of the information you hold for your account, including your password, and for any activity that occurs under your account as a result of your failing to keep this information secure and confidential. You consent to notify PoshTrader promptly of any unauthorized use of your account or password, or any other violation of security. You may be held liable for losses incurred by PoshTrader or any other user of or visitor to the Site due to someone else using your PoshTrader Account as a result of your failing to keep your account information safe and confidential.

You may not use anyone else’s PoshTrader Account at any time without the specific permission and consent of the holder of that PoshTrader Account. PoshTrader cannot and will not be liable for any loss or damage arising from your failure to comply with these responsibilities.

Privacy

PoshTrader’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view PoshTrader’s Privacy Policy, click here. Additionally, by using the Site, you recognize and agree that Internet communications are never entirely private or secure. You agree that any message you send to the Site may be seen or intercepted by others, even if there is a proper notice that a special transmission (for example, credit card data) is encrypted.

Links to Different Sites and the PoshTrader Site

This Site may include links to other detached third-party Web sites (“Linked Sites”). These Linked Sites are presented only as a convenience to our visitors. Such Linked Sites are not under PoshTrader’s control, and PoshTrader is not liable for and does not guarantee the content of such Linked Sites, including any information contained on such Linked Sites. You will require to make your confident decision regarding your communication with these Linked Sites.

Disclaimers

POSHTRADER DOES NOT GUARANTEE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE FIXED, OR THAT YOUR USE OF THE SITE WILL PRODUCE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. POSHTRADER CANNOT ASSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR INFECTION OR HARMFUL FEATURES. POSHTRADER REVOKES ALL WARRANTIES, EXPRESS OR SUGGESTED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PLAN. POSHTRADER REVOKES ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY POSHTRADER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POSHTRADER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF COMFORT IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

PoshTrader holds the right to do any of the following, at any time, without prior notice: (A) to change, suspend or terminate operation of or access to the Site, or any part of the Site, for any reason; (B) to change the Site, or any part of the Site, and any applicable policies or terms; and (C) to prevent the operation of the Site, or any part of the Site, as necessary to make routine or non-routine maintenance, error correction, or other modifications.

Limitation of Liability

Except where forbidden by law, in no event will PoshTrader be liable to you for any indirect, significant, exemplary, subsidiary or penal damages, including lost profits, even if PoshTrader has been advised of the possibility of such damages.

If notwithstanding the other preparations of these Terms of Use, PoshTrader is found to be liable to you for any damage or loss which arises out of or is in any way related with your use of the Site or any Content, PoshTrader’s liability shall in no event exceed the greater of (A) the total of any subscription or similar fees concerning any service or feature of or on the Site paid in the three months before the date of the original claim made against PoshTrader (but not including the purchase price for any PoshTrader software products or Services or similar support program), or (B) EUR, €100.00. Some jurisdictions do not allow limitations of liability, so the previous limitation may not apply to you.

Indemnity

You agree to indemnify and hold PoshTrader, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PoshTrader by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

PoshTrader may reveal any information we have about you (including your identity) if we discover that such exposure is necessary for association with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or obstruction with (either deliberately or accidentally) PoshTrader’s rights or property, or the rights or property of visitors to or users of the Site, including PoshTrader’s customers. PoshTrader holds the right at all times to expose any information that PoshTrader deems important to comply with any relevant law, regulation, legal process or governmental request. PoshTrader also may reveal your information when PoshTrader discovers that applicable law requires or authorizes such exposure, including exchanging information with other organizations and businesses for fraud protection purposes.

You recognize and agree that PoshTrader may process any transmittal or communication by you with PoshTrader through the Site or any service offered on or through the Site, and may also publish such data if required to do so by law or PoshTrader decides that such preservation or disclosure is reasonably necessary to (A) comply with legal manner, (B) execute these Terms of Use, (C) answer to claims that any such data violates the rights of others, or (D) preserve the rights, property or personal safety of PoshTrader, its employees, users of or visitors to the Site, and the public.

You agree that PoshTrader may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to PoshTrader, for which monetary damages would be inadequate, and you consent to PoshTrader obtaining any injunctive or equitable relief that PoshTrader deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PoshTrader may have at law or in equity.

You agree that PoshTrader may, in its sole discretion and without prior notice, cancel your access to the Site, for cause, which involves (but is not limited to) (A) demands by law enforcement or other government agencies, (B) a demand by you (account deletions), (C) discontinuance or material adjustment of the Site or any service offered on or through the Site, or (D) unexpected technical issues or difficulties.

If PoshTrader does take any legal action against you as a result of your violation of these Terms of Use, PoshTrader will be authorized to recover from you, and you consent to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other remedy granted to PoshTrader. You agree that PoshTrader will not be responsible to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Applicable law

This Agreement shall be construed under and governed by the laws of the European Union, without regard to the principles of conflicts of law.

Changes to these terms

We may update these terms of services at our discretion from time to time by posting a new version on our Website. You should check our Website occasionally to ensure any changes made are suitable for you. If required by applicable law, you will be informed of any significant changes made to the terms of services.

Force Majeure

Author and its suppliers shall not be liable in any respect for failures to perform hereunder due wholly or substantially to the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, armed hostilities, riots and other unavoidable events beyond the control of the Author or its suppliers, and the time for performance of obligations hereunder by the Author or its suppliers subject to such event shall be extended for the duration of such event.