TradeTrax End User License Agreement

Last modified: August 2023

This End User License Agreement (“EULA” or “Agreement”) is a binding agreement between you (“End User”, “you”, or “your”) and TradeTrax, Inc. (“TradeTrax,” “we” or “us”). This EULA governs your access and use of the TradeTrax App (“TradeTrax”).

TradeTrax provides a software platform for home builders and trades to manage the home building process.

TRADETRAX IS WILLING TO PROVIDE ACCESS AND USE OF TRADETRAX TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS IN THIS EULA. BY ACCESSING AND/OR USING TRADETRAX, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT MEET ANY OF THE FOREGOING REQUIREMENTS AND/OR DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE TRADETRAX.

1. Grant

Subject to the terms of this EULA, TradeTrax grants you a limited, revocable, non-exclusive, and non-transferable right to access and use TradeTrax strictly in accordance with the then-current TradeTrax user documentation, as may be modified from time to time on any web browser that you own or control and as permitted by the usage rules set forth in the Apple App Store and Google Play Store (“Usage Rules”).

2. User Registration

In order to access and use certain areas or features of TradeTrax, you may need to agree to additional terms and conditions, provide certain information; and/or answer certain questions. Each registration is for a single user only. You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use TradeTrax on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to TradeTrax. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of TradeTrax. By providing information and/or answering questions, you also consent to receive electronic communications from TradeTrax (e.g., via email or by posting notices to TradeTrax). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

3. Restrictions

End User shall not:

  1. Use TradeTrax in any way that fails to comply with applicable law or this EULA;
  2. Impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
  3. Copy, modify, translate, adapt, or otherwise create derivative works or improvements of TradeTrax;
  4. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of TradeTrax or any part thereof;
  5. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from TradeTrax, including any copy thereof;
  6. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available TradeTrax, or any features or functionality of TradeTrax, to any third party for any reason;
  7. Use TradeTrax to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  8. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting TradeTrax;
  9. Use TradeTrax in any situation where such use could lead to death or serious bodily injury of any person, or to severe physical, environmental, or financial damage;
  10. use TradeTrax on any device that you do not own or control; or
  11. distribute or make TradeTrax available over a network in violation of the Usage Rules.

4. Intellectual Property

You acknowledge and agree that the right to access and use TradeTrax is provided as a services offering, and not sold, to you. You do not acquire any ownership interest in TradeTrax under this EULA, or any other rights thereto other than to use TradeTrax in accordance with the rights granted, and subject to all terms, conditions, and restrictions, under this EULA. TradeTrax and its licensors, vendors, and service providers reserve and retain their entire right, title, and interest in and to TradeTrax, including all copyrights, trademarks, and all other intellectual property rights therein or relating thereto. TradeTrax and its entire contents, features, and functionalities, including without limitation, all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof, are owned by TradeTrax and its licensors. TradeTrax and its content are copyrighted, and any unauthorized use of TradeTrax may violate copyright, trademark, and other laws, in addition to constituting a material breach of this EULA. There are several proprietary logos, service marks, trademarks, slogans, and product designations found on TradeTrax (collectively, “Marks”). By making these Marks available on TradeTrax, TradeTrax is not granting you any rights to use the Marks in any fashion. Access to and use of TradeTrax does not confer upon you any rights under any of TradeTrax ’s or any third party’s intellectual property rights, including, without limitation, to the Marks. TradeTrax ’s Marks may be used publicly only with prior written permission from TradeTrax .

5. Collection and Use of Your Information

You acknowledge that when you access or use TradeTrax, TradeTrax may use various means to collect information about you and your use of TradeTrax. You also may be required to provide certain information about yourself as a condition to accessing or using TradeTrax or certain of its features or functionality. All information we collect through or in connection with this TradeTrax is subject to our Privacy Policy, available at Privacy Policy . By using and providing information to or through this TradeTrax, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Consent to Use Data

You expressly acknowledge and agree that TradeTrax, including, without limitation, the content and services provided in connection therewith, are provided for your use on behalf of TradeTrax. You hereby agree that TradeTrax may collect and use technical information gathered in connection with your use of TradeTrax and any support services that may be provided to you, if any, to improve TradeTrax ’s products, including TradeTrax, or to provide customized services or technologies to you. You hereby agree that all general, anonymized or otherwise aggregated information from your use of TradeTrax are and will remain the property of TradeTrax and that TradeTrax may use and disclose such anonymized or otherwise aggregated information in a manner permitted under applicable law.

7. User Content

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, generate, create, post, e-mail or otherwise transmit (“Transmit”) in connection with TradeTrax. You hereby assign, transfer, and otherwise convey to the home builder or trades which your TradeTrax account is currently associated, irrevocably and in perpetuity, throughout the universe, all of your right, title, and interest, if any, in and to all such User Content, including all copyright and other intellectual property rights, and irrevocably waive any and all claims that you may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral in and to such User Content. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through TradeTrax. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR. You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through TradeTrax. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on TradeTrax at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on TradeTrax at your sole cost and expense.

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about TradeTrax, or TradeTrax (collectively, “Feedback”). Feedback shall become the sole property of TradeTrax. TradeTrax shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Requirements

TradeTrax is provided for access and use only by persons who are of legal age to enter into a binding agreement in their jurisdiction of residence. If you are located outside of the United States, you acknowledge that you may not be able to access all of TradeTrax, and that access thereto may not be legal by certain persons or in certain jurisdictions. If you access TradeTrax from outside the United States, you are responsible for compliance with any laws applicable to you and/or your use of TradeTrax.

10. Updates

TradeTrax may from time to time in its sole discretion develop and provide TradeTrax updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that TradeTrax has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, or accessibility of TradeTrax. If you wish to use TradeTrax after TradeTrax releases one or more Updates, you agree that all Updates will be deemed part of TradeTrax, and your continued access and use of TradeTrax indicates your express consent to all terms and conditions of this EULA

11. Third-Party Materials and Products.

TradeTrax may display, include, or make available third-party content (including data, information, apps, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that TradeTrax is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TradeTrax does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

12. Term and Termination.

The term of this EULA commences when you first access and/or use TradeTrax and will continue in effect until terminated by you or TradeTrax as set forth herein. You may terminate this EULA by terminating all access and use of TradeTrax. TradeTrax may terminate this EULA and your access and use of TradeTrax at any time, without notice, and in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA. Upon termination:

  1. All rights granted to you under this EULA will also terminate; and
  2. You will cease all use of TradeTrax and delete all copies of TradeTrax from your electronic devices.

Termination will not limit any of TradeTrax’ rights or remedies at law or in equity. Any section of this EULA which should reasonably survive will survive after termination.

13. Disclaimer of Warranties

YOUR USE OF TRADETRAX IS ENTIRELY AT YOUR OWN RISK. TRADETRAX, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TRADETRAX, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SUCCESSORS AND ASSIGNS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO TRADETRAX, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TRADETRAX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT TRADETRAX WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE OPERATION OF TRADETRAX WILL NOT AFFECT OR HARM YOUR DEVICE OR OTHER SOFTWARE, SYSTEMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TRADETRAX OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “RELEASEES”) HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS EULA OR YOUR USE OF OR INABILITY TO USE TRADETRAX FOR:

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMMERCIAL DAMAGES OR LOSSES, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES; AND
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR TRADETRAX (COLLECTIVELY, “DAMAGES”).

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TRADETRAX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

15. WAIVER AND RELEASE

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ACCESSING AND/OR USING TRADETRAX, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, AND AGREE TO:

  1. ACCEPT AND ASSUME ANY AND ALL RISKS OF DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF TRADETRAX OR OTHERWISE; AND
  2. EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST TRADETRAX AND ALL OTHER RELEASEES ARISING OUT OF OR ATTRIBUTABLE TO THE ACCESS AND/OR USE OF TRADETRAX. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST TRADETRAX OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE TRADETRAX AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

16. Indemnification

You agree to indemnify, defend, and hold harmless TradeTrax and all other Releasees from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and expenses, arising from or relating to your use or misuse of TradeTrax or your breach of this EULA, including, without limitation, the content you submit or make available through this TradeTrax.

17. Export Regulation

TradeTrax may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release TradeTrax to, or make TradeTrax accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making TradeTrax available outside the US.

18. Modifications to this EULA

TradeTrax reserves the right to modify this EULA and to add new or additional terms or conditions on your use of TradeTrax from time to time in its sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into this EULA. Your continued use of TradeTrax will be deemed acceptance of any new or additional terms or conditions on your use of TradeTrax.

19. Copyright Infringement

If you believe in good faith that any of the content on TradeTrax infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on TradeTrax; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. TradeTrax’ copyright agent for notice of claims of copyright infringement can be reached as follows:

TradeTrax, Inc.
4150 N Drinkwater Blvd Ste 150
Scottsdale, AZ 85251
[email protected]

20. Force Majeure

You acknowledge that TradeTrax relies on third-party providers in the delivery of TradeTrax and the content and services provided in connection therewith, including, without limitation, wireless data network providers, and that Internet service is subject to transmissions limitations and dropped or interrupted transmissions. Internet may be temporarily refused, limited, interrupted, or curtailed because of government regulations or orders, atmospheric and/or topographical conditions, and Internet system modifications, repairs, and upgrades. You agree that TradeTrax shall not be liable for, and to hold TradeTrax harmless for any losses, damages, or interruptions sustained as a result of interruptions caused by Internet providers or any other third-party data network provider.

21. Severability

If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision(s) will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.

22. Governing Law

This EULA is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Except as otherwise provided herein, the exclusive forum for the resolution of any dispute relating to this EULA shall be in the state courts located in Maricopa County, Arizona, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to the EULA, and you agree to service of process on you by e-mail to the address you have submitted on TradeTrax, if any, and by any other means permitted by law.

23. Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TRADETRAX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND TRADETRAX AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS EULA OR TRADETRAX SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under the EULA that a court can award under the EULA. You and TradeTrax agree that any in-person arbitral hearing would occur in the Maricopa County, Arizona. TradeTrax further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to the EULA, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TradeTrax are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the EULA and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND TRADETRAX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TradeTrax agree otherwise in writing, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

24. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR TRADETRAX MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Remedies

Except as provided in this EULA, the parties’ rights and remedies under this EULA are cumulative. You acknowledge that TradeTrax contains valuable trade secrets and proprietary information of TradeTrax , that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to TradeTrax for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. In any action or other proceeding brought under this EULA, the prevailing party shall be entitled to recover from the non-prevailing party, and the non-prevailing party shall pay the prevailing party’s reasonable attorneys’ fees, costs, and expenses, in each of the foregoing cases, that are incurred in connection with such action, arbitration, or proceeding.

26. Entire Agreement

This EULA, our Privacy Policy, and any other agreement(s), documentation, and/or disclaimers made available in connection with your access and/or use of TradeTrax are hereby incorporated by reference, and constitute the entire agreement between you and TradeTrax with respect to TradeTrax, and supersede all prior understandings whether written or oral, with respect to TradeTrax.

27. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.

28. App Marketplaces

TradeTrax shall be deployed via the Apple AppStore and Android Market on Google Play Store. Use of TradeTrax is subject to terms and conditions imposed by the host environment, Apple Inc., the Usage Rules, and/or Google LLC, respectively. End User shall reasonably cooperate with TradeTrax’ efforts to comply with such terms. This EULA conforms to Apple’s App Store Terms of Service and the Usage Rules as of the effective date. This EULA is concluded between TradeTrax and End User only, and not with Apple. Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and upon the End User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End User as a third party beneficiary thereof. TradeTrax, not Apple, is solely responsible for TradeTrax and the content thereof, and TradeTrax shall be responsible for addressing any claims of the End User or any third party relating to TradeTrax or End User’s possession and/or use of TradeTrax, including, but not limited to: (i) product liability claims; (ii) any claim that TradeTrax fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that TradeTrax or End User’s access and/or use of TradeTrax infringes that third party’s intellectual property rights, TradeTrax, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. End User represents and warrants that: (a) it is 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 (b) it is not listed on any U.S. Government list of prohibited or restricted parties. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to TradeTrax. In the event of any failure of TradeTrax to conform to any Applicable warranty, End User may notify Apple, and Apple will refund the purchase price for TradeTrax to End User; and, to the maximum extent permitted by Applicable law, Apple will have no other warranty obligation whatsoever with respect to TradeTrax, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TradeTrax’ sole responsibility. If you are an individual acting in your personal capacity, you may download and use TradeTrax for personal, non-commercial use on any Apple-branded computer running MacOS that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that TradeTrax may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Contact

If you have any questions regarding this EULA or TradeTrax, please contact: [email protected].

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Terms of Use

These Terms and Conditions of Use (these “Terms”) set forth the terms and conditions under which TradeTrax, Inc (“TradeTrax”, “we”, “us”, or “our”) makes the TradeTrax Platform (the “Platform”) available to you (“you” or “your”) as a registered Platform user. By completing and maintaining your registration on the Platform, you confirm your agreement to be bound by these Terms. Initially capitalized terms used but not defined in these Terms have the meanings given to them in the Service Agreements (“Services Agreements”) available to authorized parties of these agreements.

  1. Use of Platform. You will only use the Platform for the purposes described in the Services Agreements.
  2. Protection of Login Credentials. You agree to keep and protect your Platform login credentials confidential, not share them with any person or entity, and otherwise protect them from unauthorized use. Failure on your part to adequately protect your login credentials or your providing any person or entity with use of your login credentials are grounds for immediate termination of your Platform account.
  3. Authorization to Disclose Information. In connection with the registration process, by disclosing to TradeTrax and/or uploading to the Platform information regarding yourself and/or any other person or entity to whom or to which such information relates, you represent and warrant to TradeTrax that you are authorized to disclose and/or upload such information, and that TradeTrax is authorized to retain, use and disclose such information as it deems necessary or appropriate in connection with the conduct of its business.
  4. Platform Access.You are responsible for obtaining and maintaining, at your own cost, all equipment and data network access necessary to use access and use the Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the Platform from your mobile device(s). You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform, including as a result of any updates thereto. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device. Further, access to and use of the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. We disclaim any liability arising from any such malfunction or delay
  5. Prohibited Conduct. In connection with your use of the Platform, you agree that you will not do any of the following:
    1. knowingly provide or submit false or misleading information;
    2. use the Platform in connection with the distribution of unsolicited commercial, political or other messages (i.e., spam) unrelated to the receipt or performance of services available on the Platform;
    3. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
    4. use, display or disseminate (including by inclusion in your own website or other printed materials) TradeTrax’s name, trademark(s), Platform content or other proprietary copyrights of TradeTrax without TradeTrax’s express written consent;
    5. dilute, tarnish or otherwise harm the TradeTrax brand in any way, including through registering and/or using internet domain names, trade names, trademarks or other source identifiers that are confusingly similar to TradeTrax domain names, trademarks, trade names or other copyrighted material;
    6. use any technology (including robots, spiders, crawlers, scrapers, viruses, trojan horses) or other automated means or processes to (i) access or collect data or other content from the Platform for any purpose, or (ii) avoid, bypass, remove, deactivate, impair, descramble,
    7. or otherwise attempt to circumvent any technological measure implemented by TradeTrax to secure and protect the Platform; or
    8. take any other action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.
  6. User-Supplied Content.
    1. We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Platform textual, audio, and/or visual content and information, including commentary and feedback related to the provision or receipt of services available on the Platform (“User-Supplied Content”). Any User-Supplied Content provided by you remains your property.
    2. You represent and warrant that: (i) you either are the sole and exclusive owner of all User-Supplied Content or you have all rights, licenses, consents and releases necessary to grant to us the license to the User-Supplied Content as set forth above; (ii) each person identified, depicted, or shown in in your User-Supplied Content, if any, has provided consent to the use of such User-Supplied Content consistent with these Terms of Use; and (iii) neither the User-Supplied Content, nor your submission, uploading, publishing or otherwise making available of such User-Supplied Content, nor our use of any User-Supplied Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We reserve the right but are not obligated, to review, monitor, or remove User-Supplied Content, in our sole discretion and at any time and for any reason, without notice to you.
    3. We do not guarantee the accuracy, integrity, quality or appropriateness of any User-Supplied Content appearing on or accessed through the Platform. Any such User-Supplied Content is the sole responsibility of the person or entity from whom or which such User-Supplied Content originated. By using the Platform, you understand that you may be exposed to User-Supplied Content that is incorrect, inaccurate or misleading. We have no obligation to screen, preview, monitor or approve any User-Supplied Content. However, we reserve the right to review and delete any User-Supplied Content that, in our sole discretion, violates any Services Agreements between TradeTrax and any User, these Terms or any other policies of TradeTrax. You agree that You must evaluate and make your own judgment, and bear all risks associated with, your use of, or any decision that you make with respect to, any User-Supplied Content. Under no circumstances will we be liable in any way for any User-Supplied Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any User-Supplied Content submitted, accessed, transmitted or otherwise conveyed through the Platform. You waive the right to bring or assert any claim against us or any of our affiliates relating to User-Supplied Content, and release us and our affiliates from any and all liability for or relating to any User-Supplied Content.
  7. Amendment We may amend these Terms from time to time in our sole discretion. Amendments will be effective upon our posting of such updated Terms at this location and available at [email protected]. Your continued access to and use of the Platform after such posting confirms your consent to be bound by these Terms, as so amended
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