Effective: October 22, 2021
FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF (OR OF ANY USER AGREEMENT (DEFINED BELOW)) IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE TERMS (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THESE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.
When we refer to “ OpeningTrades.com,” “we,” “us” or “our,” we mean OpeningTrades.com or, as applicable, the specific Corporate entity, division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
OpeningTrades.com appreciates your visit to our Site, which provides general information about OpeningTrades.com and its Products and Services. Use of this Site is limited to legitimate purposes. OpeningTrades.com may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. By providing any information, comments, documents, images or general content to Opening Trades, you grant to OpeningTrades.com an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that OpeningTrades.com is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Opening Trades. You hereby agree that any comments, feedback or recommendations made by you for the improvement or modification of this Site or the Products or Services advertised herein shall be the sole property of Opening Trades.
OpeningTrades.com has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to your access to or use of any Site. Such modifications and additions shall be effective immediately upon posting the modified Terms to any Site, which posting shall be deemed notice to you. If you disagree with the changes to these Terms, you should discontinue your use of the Sites. Any access to or use of any Site after posting of modifications or additions to these Terms shall constitute and be deemed to be your agreement to such modified Terms. Therefore, you should frequently revisit this Site to determine the present terms and conditions to which you are legally bound.
The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT OpeningTrades.com SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.
This Site and any of the products or services provided by OpeningTrades.com in connection with this Site (the “Products” and “Services” respectively), including any information and content relating thereto, are being provided to you expressly subject to these Terms, which govern your use of the Site. OpeningTrades.com makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority to and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof, to these Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of this Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.
Use of the Site
As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your personal use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of Opening Trades, which consent may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to this Site without the prior written consent of Opening Trades, which consent may be withheld, conditioned or delayed in its sole and absolute discretion.
Any access or attempted access of other areas of Opening Trades computer systems, third-party systems, and Products and Services that OpeningTrades.com utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Site. OpeningTrades.com reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
OpeningTrades.com has the right to modify, suspend or discontinue, temporarily or permanently, this Site, any Products or Services provided by OpeningTrades.com through this Site, or your right to access or use any portion of this Site, in Opening Trades sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies. You covenant to OpeningTrades.com that you will not attempt to gain unauthorized access to any computer systems or networks connected to any OpeningTrades.com server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Opening Trades. When using the Site you agree not to pretend to be someone else or to spoof their identity.
All information and content provided on this Site, whether explicitly marked or not, is the property of Opening Trades, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site. All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by Opening Trades, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Opening Trades. You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Opening Trades. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Opening Trades, is strictly prohibited.
Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of OpeningTrades.com or any third party. Any use of the information, content or Marks provided on any Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.
OpeningTrades.com makes no representation that materials, Products or Services on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The Sites may not be used by our visitors for any commercial purposes other than to inquire about the Products or Services of Opening Trades. You must obtain our express prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling OpeningTrades.com Products or Services of any kind without our express written permission. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
You understand and agree that in Opening Trades sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized Content if we believe that the Content you provided has violated or is inconsistent with these Terms or has violated the rights of Opening Trades, another user or the law, or constitutes a breach of the User Agreement. You agree that monetary damages may not provide a sufficient remedy to OpeningTrades.com for violations of these Terms and you consent to injunctive or other equitable relief for such violations. OpeningTrades.com may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. OpeningTrades.com is not required to provide any refund to you if you are terminated as a User because you have violated any of these Terms.
OpeningTrades.com is not responsible for the products, services, actions or failures to act of any third party referenced on this Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in any Site to us at [email protected]. We may investigate the claim and take appropriate action, in our sole discretion. These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions (FAQs) listings therein. To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
You agree to defend, indemnify, save and hold harmless OpeningTrades.com and OpeningTrades.com Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any Products or Services you may have obtained on any of our Sites.
YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL OPENING TRADES, ITS CORPORATE OWNERS OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF OpeningTrades.com OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST OpeningTrades.com IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, OpeningTrades.com and OpeningTrades.com Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet Site, the information and Content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or Content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services or Products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such Products or Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site.
This Site may use hyperlinks as a convenience to you so that certain reference material, Opening Trades-related subjects and other pertinent material are easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Opening Trades. Hyperlinks and references to other sites, including any Opening Trades-affiliated entity, do not constitute sponsorship, endorsement or approval by OpeningTrades.com of the information, content, policies or practices of such linked or referenced sites. Opening Trades, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk. The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Opening Trades, the OpeningTrades.com Affiliates and/or their respective suppliers.
If, notwithstanding the limitations of liability above, OpeningTrades.com or any of the OpeningTrades.com Affiliates are found liable for any loss or damage which arises out of or is in any way connected with any Products or Services or operation of this Site, then the liability of OpeningTrades.com and the OpeningTrades.com Affiliates will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00) (or the equivalent in local currency).
OpeningTrades.com has no obligation to update any information or content on any Site. Accordingly, OpeningTrades.com, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on any Site. Any use of the information or content provided on this Site is done at your own risk.
No Recommendations or Advice Provided
This Site and any information contained in this Site do not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. Although information and Content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by OpeningTrades.com or its employees, affiliates, agents and representatives. You alone bear the responsibility of evaluating any information or Content available on the Sites. In exchange for using such information or content, you hereby agree to release OpeningTrades.com from any claim and to not hold OpeningTrades.com liable for any possible claim for damages arising from any decision you may make based on information or content available on the Sites. See also our General Disclaimers
Accessing this Site in locations where the use of such content is illegal is prohibited. Any claim relating to this Site shall be litigated in the federal courts having jurisdiction in the Barbados, and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience of reference only and have no legal or contractual effect.
By using this Site, you agree that Opening Trades, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.