Terms & Services

Terms of Service

Last Updated on June 30, 2020

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY MARKET GLOBAL COMMODITIES EXCHANGE CORP. dba TRADEMODO (“TRADEMODO”). THESE TERMS OF SERVICE ARE EFFECTIVE IMMEDIATELY FOR BOTH USERS ACCESSING OR USING THE SERVICE WITHOUT AN ACCOUNT AND FOR THOSE USERS REGISTERING ACCOUNTS TO ACCESS OF USE THE SERVICE.  THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND TRADEMODO.

These Terms of Service (the “Terms”) govern your access to and use of our products and services, including those offered through our website (the “Site”), events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”).

ACCEPTANCE OF TERMS

By accessing, registering for or using the Service in any manner whatsoever, including but not limited to browsing or visiting the Site, you are agreeing to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Site and incorporated by reference.  Trademodo may make updates to these Terms from time to time without notice to you

You understand and agree that your continued access to or use of the Service after the effective date of changes, if any, to these Terms represents your acceptance of such changes. 

In addition, some services offered through the Service may be subject to additional terms and conditions specified by Trademodo from time to time and your use of such service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. These Terms apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service. Do not access or use the Service if you are unwilling or unable to be bound by these Terms.

DEFINITIONS

Content” means text, images, photos, audio, video, and all other forms of data or communication. 

Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Trademodo Content, and Third Party Content.

Third Party Content” means Content that originates from parties other than Trademodo or its users, which is made available in connection with the Service. 

Trademodo Content” means Content that we create and make available in connection with the Service.

 “user” is someone who accesses or in any way uses the Service.

User Content” means Content that users submit or transmit to, through, or in connection with the Service. 

We,” “us,” and “our” refer to Market Global Commodities Exchange Corp. dba Trademodo and its subsidiaries.

You” and “your” refer to you, as a user of the Service.

Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. 

USING THE SERVICE

Eligibility. To access or use the Service, you must have the authority to enter into these Terms. You may not access or use the Service if you are a competitor of Trademodo or if we have previously banned you from the Service or closed your Account.

Registration. You may need to register for an account or use your credentials (e.g. name and password) from a third party social media platform to access some or all of the Service. If you register for an account with Trademodo, you will provide Trademodo with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number (optional) and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of your Trademodo account.

You agree that you will not:

  • create an account for anyone other than yourself without such person's permission;
  • create a name that is the name of another person with the intent to impersonate that person;
  • create a name or Trademodo account that is subject to any rights of a person other than you without appropriate authorization; or
  • create a name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Trademodo reserves the right to refuse registration of, or cancel a name, in its sole discretion. You are solely responsible and liable for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Trademodo password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Trademodo in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Trademodo may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Service within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Communications from Trademodo and Others. By accessing or using the Service, you consent to receive communications from other users and Trademodo through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Trademodo or businesses listed on the Site, and may be initiated by Trademodo, businesses listed on the Site, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Trademodo or made through the Service may be monitored and recorded for quality purposes.

CONTENT

Responsibility for Your Content. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created and published such Content. Trademodo cannot guarantee the authenticity of any Content or data which users may provide about themselves.

You alone are responsible for Your Content, and once posted to the Site, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Trademodo.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

Our Right to Use Your Content. We may use Your Content in a number of different ways in connection with our Site, the Service, Trademodo and Trademodo’s business as Trademodo may determine in its sole discretion, including but not limited to publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, fully paid transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Trademodo and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership. We own the Trademodo Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Trademodo Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Trademodo Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Trademodo Content are retained by us.

Advertising. Trademodo, its licensees and others may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Trademodo, its licensees and others may run advertisements and promotions from third parties on or in connection with the Service or may otherwise provide information or links to third-party products or services on or in connection with the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Trademodo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Trademodo advertisers or third party information on the Service.

Other. User Content (including any that may have been created by users employed or contracted by Trademodo) does not necessarily reflect the opinion of Trademodo. We have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason at all, and without notice to you. Unless the business has a Trademodo approved “verified business” badge displayed on its page, Trademodo does not warrant or represent that it has verified any licenses a local business or its representatives may have.  Consumers should inquire about any such licenses with the business directly.

BREACH OF TERMS

We are under no obligation to enforce these Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated these Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

RULES AND CONDUCT.

As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms. You are solely responsible for all of your activity in connection with the Service. You shall abide by all applicable local, provincial, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation Your Content or any User Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate (i.e. fake or damaging reviews
  • is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by Trademodo in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming" or otherwise violates the provisions of CASL);
  • involves commercial activities (whether or not for profit) and/or sales without Trademodo's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Trademodo or any third party;
  • impersonates any person or entity, including any employee or representative of Trademodo;
  • includes anyone's identification documents or sensitive information; or
  • breaches these Terms, the Privacy Policy and/or any of the other policies and rules incorporated herein.

You shall not (directly or indirectly):

  • take any action that imposes or may impose (as determined by Trademodo in its sole discretion) an unreasonable or disproportionately large load on Trademodo's (or its third party providers') infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures Trademodo may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or "spam" on the Service;
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
  • harvest or scrape any Content from the Service;
  • reverse engineer, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site, except as expressly authorized by Trademodo;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
  • otherwise take any action in violation of Trademodo's terms, guidelines and/or policies.

In addition to the Terms as set out above, if you are representing a business on the Site then you agree that:

  • you have the authority to act on behalf of the business or businesses associated with or claimed through your account and bind any such business (including any corresponding business entity) to these Terms (such business or businesses, your “Business”);
  • your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business; 
  • your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
  • you grant Trademodo a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Service and/or Site;
  • you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;
  • you understand that we may rate your Business, and may place a rating or other consumer information regarding your Business on the business page for your Business;
  • you will not attempt to enforce non-disparagement or ‘gag’ clauses against consumers for the purpose of, among other things, restricting, prohibiting or penalizing consumers for posting reviews or comments about your Business and that we may publicly notify consumers, including by placing an alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.

You represent and warrant that you will not, and will not authorize or induce any other party, to: 

  • offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Trademodo, through its alerts and other notices, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
  • solicit or ask for reviews from your customers;
  • write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
  • pay or induce anyone to post, refrain from posting, or remove reviews;
  • attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
  • use any automated means or form of scraping or data extraction to access, query or otherwise collect Trademodo data, content and/or reviews from the Site;
  • use any Trademodo trademark or service mark in any manner without Trademodo’s prior written consent; or
  • misrepresent your identity or affiliation to anyone in connection with Trademodo.

You understand and acknowledge that Trademodo allows consumers to post Content about your Business, including photos, ratings, and reviews.

You understand and acknowledge that Trademodo employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Review Software”).

You understand and acknowledge that while Trademodo uses its Review Software to identify potentially less helpful reviews, the Review Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Trademodo will not influence the Review Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Trademodo.

Trademodo has no obligation to monitor the Site, Service, Content, Your Content or the User Content. Trademodo does, however, reserve the right to (i) remove, suspend, edit or modify any Content, in its sole discretion, including without limitation any User Content or Your Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Trademodo is concerned that you may have violated these Terms), or for no reason at all and (ii) to remove, suspend or block any User Content or Your Content from the Service. Trademodo also reserves the right to access, read, preserve, and disclose any information as Trademodo reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Trademodo, its users and the public.

ADDITIONAL POLICIES AND TERMS.

Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

THIRD PARTY CONTENT AND SERVICES

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under Trademodo’s control, and you acknowledge that Trademodo is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Trademodo or any association with its operators. You further acknowledge and agree that Trademodo |shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

INDEMNITY

You agree to indemnify, defend, and hold harmless Trademodo, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Trademodo Entities”) from  and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to legal fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of these Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Trademodo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Trademodo. Trademodo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE TRADEMODO ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE TRADEMODO ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE TRADEMODO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT.

ACCORDINGLY, THE TRADEMODO ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

THE TRADEMODO ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE TRADEMODO ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

THE TRADEMODO ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE TRADEMODO ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $1000 (CAD).

THE TRADEMODO ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY TRADEMODO BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

ARBITRATION, TIME LIMITATION AND GOVERNING LAW

If you are a resident of Canada:

Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration conducted at the Commercial Arbitration Centre in Vancouver, British Columbia, Canada, (“BCCAC”) pursuant to the Rules governing domestic commercial arbitrations or such variation or modification as agreed to in writing by the parties, and judgment upon any award rendered in such arbitration may be entered in any court having jurisdiction thereof. Neither party shall be precluded from bringing an action in any court of competent jurisdiction for injunctive or other provisional relief as necessary or appropriate.

If you are not a resident of Canada:

Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration conducted at the International Commercial Arbitration Centre in Vancouver, British Columbia, Canada, (“BCICAC”) pursuant to the Rules of the BCICAC or such variation or modification as agreed to in writing by the parties, and judgment upon any award rendered in such arbitration may be entered in any court having jurisdiction thereof.  Neither party shall be precluded from bringing an action in any court of competent jurisdiction for injunctive or other provisional relief as necessary or appropriate.

UNLESS BOTH YOU AND TRADEMODO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

TIME LIMITATION TO COMMENCE ARBITRATION

YOU AND TRADEMODO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST COMMENCE IN ACCORDANCE WITH THE ARBITRATION PROVISIONS ABOVE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GOVERNING LAW

All questions with respect to these Terms, any questions or claims arising out of or relating to these Terms or arising out or relating to rights and liabilities of the parties governed by these Terms, shall be interpreted and governed by the laws of the Province of British Columbia, Canada.

TERMINATION

You may terminate these Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Trademodo with a notice of termination by e-mailing Trademodo at support@trademodo.com.

We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason at all, and without notice to you and without liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, representations and warranties, disclaimers, indemnity and limitations of liability.

GENERAL TERMS

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

These Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on Trademodo’s part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. These Terms may not be waived, except pursuant to a writing executed by Trademodo.

If any provision of these Terms is determined to be invalid or unenforceable by any court of competent jurisdiction, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the balance of these Terms.

These Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Trademodo’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Trademodo as a result of these Terms or your use of the Service.

In the event that Trademodo provides you with a translation of the English language version of these Terms, you agree that the translation is provided to you for your convenience only.  You further agree that only the English language version of these Terms will govern your relationship with Trademodo.  If there is any contradiction between what the English language version of these Terms says and what a translation says, then the English language version shall take precedence.

The headings or section titles of these Terms are included for reference purposes only and are not intended to be a part of these Terms or in any way to define, limit or describe the scope or intent of the particular provision to which they refer.

 

 

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