UPLOAD YOUR PORTFOLIO
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. Certain users may be required to have certain securities licenses in order to comply with applicable federal and state securities law. Please consult with your legal counsel regarding these requirements. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Website is a social trading platform designed to allow you to access the investment portfolios of other users on a subscription basis. We are not a registered broker dealer or investment advisor and do not provide any type of advice or guidance related to the United States federal and state securities laws. Further, we do not recommend the services of any particular broker or investment advisor including those who may advertise on the Website. We are merely serving as a publishing platform for users. Please consult with your financial advisor prior to relying on any information posted on the Website. Investing in financial assets, even those publicly traded, involves a high degree of risk and you could experience significant losses to your financial assets.
We recommend that, prior to posting any User Contributions, you seek independent legal advice as to whether your activities require your registration with the Securities and Exchange Commission or your applicable state securities board. Certain user activities may require a user to hold one or more securities licenses.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
You are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com .
The Company name, the terms PEEPTRADE, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, federal or state securities laws).
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, publications, personal profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “ post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
In particular, User Contributions must:
offer only impersonal advice, i.e., advice not tailored to the individual needs of a specific client, group of clients, or portfolio;
be "bona fide," containing disinterested commentary and analysis rather than promotional material disseminated by someone touting particular securities, advertised lists of stocks "sure to go up," or information distributed as an incident to personalized investment services;
be of general and regular circulation rather than issued from time to time in response to episodic market activity or events affecting the securities industry; and
disclose any conflicts of interest or potential conflicts of interest that may not be readily apparent on the face of the User Contributions.
Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Publish the personal information of any other user or any other third party.
Be likely to deceive any person.
Promote any “pump and dump” or other illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please contact us for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.
The information posted may not contain up-to-date information and may experience time delays (it may even be outdated by multiple days). Information regarding financial trades and updated user portfolios will only be updated when the user logs into his or her Peeptrade account. Thus, we do not represent or guarantee that the posted portfolios will contain current and/or relevant information. Portfolios posted are linked directly through Interactive Broker’s Flex Web Service using pre-configured flex queries via HTTPS protocol. We have no way of verifying if these portfolios are accurate
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Further, we do not represent, warrant or guarantee that you will experience any particular results from your subscription to our Website or by following investment portfolios published by other Users. Past performance is not a guarantee of or related to future results.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate in any particular state or outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by Peeptrade LLC, 600 Congress Ave. 14th floor, Austin, Texas, 78701.
All notices of copyright infringement claims should be sent to 3925 West Braker Lane, Austin, Texas, 78759.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org .
Terms of Sale
By placing your order, you accept and are bound to the Peeptrade LLC Terms of Sale below:
Your Relationship with Peeptrade.
Peeptrade's sale of Services as well as its performance of Services and your use of the Website are subject to the terms of this agreement between you (“you” or “Customer”) and Peeptrade (the “Agreement”). “Peeptrade” means Peeptrade LLC, on behalf of itself and its suppliers and licensors. “Website” means Peeptrade.com.
“Services” means any and all services and/or subscriptions provided by Peeptrade through the Website. “Materials” means all content and other items included with or as part of the Services such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, music, sounds and software. “Third-Party Products” means any non-Peeptrade-branded services provided on a subscription basis by third parties including, but not limited to other Peeptrade users (the “Contributing Users”).
This Agreement forms a legally binding contract between you and Peeptrade in relation to your purchase and use of the Services, and Peeptrade's performance of Services.
Ordering and Payment.
Your order is subject to acceptance or cancellation by Peeptrade, in Peeptrade's sole discretion. Terms of payment are within Peeptrade's sole discretion, and unless otherwise agreed to by Peeptrade, payment must be received by Peeptrade prior to Peeptrade's acceptance of an order. Each accepted order will be interpreted as a single Agreement, independent of any other orders. Payment for Services must be made by credit card or Paypal. Payment to Peeptrade in respect of Services, as applicable, shall be made to the account indicated by Peeptrade (as may be amended from time to time). Orders for Third-Party Products are subject to availability and are cancellable by Peeptrade. Orders for Third-Party Products are cancellable by Customer at the end of the current subscription period. Timely payment of the price and all charges is of the essence. It is the responsibility of Customer to ensure payments are authorized and approved on time to ensure receipt of payment no later than the due date; in no case shall Peeptrade be responsible for ensuring such authorization or approval. In addition, Peeptrade, without waiving any other rights or remedies to which it may be entitled, shall have the right to suspend or terminate any or all Services and refuse additional orders from Customer until Peeptrade's receipt of all overdue amounts. Peeptrade shall have no liability to Customer for any such suspension or termination of services or for its refusal of additional orders. Peeptrade further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys fees) and costs associated with such collection.
You are responsible for sales tax and any other taxes or governmental fees associated with your order.
The prices charged for Third-Party Products and Services purchased under this Agreement shall be the amounts set forth on the Website. Such prices are subject to change from time-to-time at Peeptrade’s (or the applicable Contributing User’s) sole discretion.
If you are a Contributing User, you must keep an up-to-date Paypal or bank account on file with us in order to receive compensation for your Third-Party Products. You are responsible for all income tax liability associated with such compensation.
The mobile version of the Website shall be provided free to all Customers. We reserve the right to make the mobile version available for a fee or on a subscription basis in the future at our sole discretion.
Term; Auto-Renewal; Termination.
This Agreement commences on the date you place your order and continues until all Services or Third-Party Products have expired or been terminated. Each Service will continue for the term stated on the Website unless otherwise terminated. Peeptrade may, at its option, propose to renew the Service by sending you an invoice or, subject to prior notification, continuing to make the Service available to you. You may (where permitted by law) agree to such renewal of the Service by paying such invoice by its due date or by continuing to order Services or Third-Party Products.
Unless renewed in accordance with this Agreement, this Agreement will terminate automatically upon the expiration of the agreed term of Services or Third-Party Products. Peeptrade may terminate this Agreement immediately, including prior to the expiration of the term of Services or Third-Party Products, if (1) you fail to make any payment when due; (2) you are acquired by or merge with a competitor of Peeptrade; (3) you declare bankruptcy or are adjudicated bankrupt; or (4) a receiver or trustee is appointed for you or substantially all of your assets. Upon termination of this Agreement, all rights and obligations of the parties under this Agreement will automatically terminate except for rights of action accruing prior to termination, payment obligations, and any obligations that expressly or by implication are intended to survive termination.
All right, title and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets and trade dress) embodied in the Services and Third-Party Products, as well as the methods by which the Services are performed and the processes that make up the Services, shall belong solely and exclusively to Peeptrade or the applicable suppliers or licensors, and you shall have no rights whatsoever in any of the above, except as expressly granted in this Agreement. The Services and Third-Party Products are protected pursuant to copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Services or Third-Party Products, in whole or in part.
Suspension or Modification of Services.
Peeptrade may suspend, terminate, withdraw or discontinue all or part of the Services or Third-Party Products upon receipt of a subpoena or law-enforcement request, or when Peeptrade believes, in its sole discretion, that you (or your users) have breached any term of this Agreement or are involved in any fraudulent, misleading or illegal activities.
With respect to the Website provided or otherwise made available to you by Peeptrade in connection with Services or Third-Party Products, it may be necessary for Peeptrade to perform scheduled or unscheduled repairs or maintenance or remotely patch or upgrade the software, which may temporarily degrade the quality of the Services or Third-Party Products or result in partial or complete outage of the Website. Peeptrade provides no assurance that you will receive advance notification of such activities or that the Services or Third-Party Products will be uninterrupted or error-free. Unless otherwise agreed to in writing between you and Peeptrade, any degradation or interruption in the Website or Services or Third-Party Products shall not give rise to a refund or credit of any fees paid by you.
YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE WEBSITE, INCLUDING TELEPHONE, COMPUTER NETWORKS, AND THE INTERNET, OR TO TRANSMIT INFORMATION, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF THE WEBSITE. PEEPTRADE SHALL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO OR USE OF THE WEBSITE.
Customer and System Data.
In Peeptrade's performance of the Services or Third-Party Products, it may be necessary for Peeptrade to obtain, receive or collect data or information, including system-specific data (collectively, the “Data”). In such cases, you grant Peeptrade a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce or create derivative works of the Data solely for those purposes. In addition, you grant Peeptrade a license to aggregate and use the Data in an anonymous manner in support of Peeptrade's marketing and sales activities. You also grant Peeptrade the right to copy and maintain such material and content on Peeptrade's servers (or the servers of its suppliers) during the term of this Agreement. You represent and warrant that you have obtained all rights, permissions and consents necessary to use and transfer the Data in conjunction with Peeptrade's performance of the Services or Third-Party Products or your use of the Website.
Important Additional Information.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT PEEPTRADE'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALWAYS ENFORCE CLASS ACTION OR JURY WAIVERS, AND MAY LIMIT FORUM SELECTION CLAUSES AND STATUTE OF LIMITATIONS PROVISIONS, AS SUCH, ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY TO YOU, AND PEEPTRADE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE SERVICES WILL BE PROVIDED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCE OF THIS PARAGRAPH, PEEPTRADE, (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS (COLLECTIVELY, THE “PEEPTRADE PARTIES”) MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THIRD-PARTY PRODUCTS; (3) RELATING TO THE PERFORMANCE OF ANY PEEPTRADE'S PERFORMANCE OF THE SERVICES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE THIRD-PARTY PRODUCTS, SERVICES OR THE RESULTS OF ANY RECOMMENDATION BY PEEPTRADE.
THESE WARRANTIES DO NOT APPLY TO THIRD-PARTY PRODUCTS. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER. ALL THIRD-PARTY PRODUCTS ARE PROVIDED “AS IS.”
PEEPTRADE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER. PEEPTRADE SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA; (3) LOSS OF BUSINESS OPPORTUNITY; (4) THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE; OR (5) ANY CIVIL OR CRIMINAL LIABILITY ASSOCIATED WITH AN UNLICENSED CONTRIBUTING USER PROVIDING INVESTMENT ADVICE FOR COMPENSATION IN VIOLATION OF ANY FEDERAL OR STATE SECURITIES LAWS.
PEEPTRADE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER DURING THE PRIOR 12 MONTHS OF THIS AGREEMENT FOR THE SPECIFIC SERVICE GIVING RISE TO SUCH CLAIM(S).
THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PEEPTRADE'S SALE OF THIRD-PARTY PRODUCTS OR SERVICES TO CUSTOMER, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
Peeptrade shall defend and indemnify you against any third-party claim or action that Services (excluding Third-Party Products) prepared or produced by Peeptrade and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights (“Indemnified Claims”). In addition, if Peeptrade receives prompt notice of an Indemnified Claim that, in Peeptrade's reasonable opinion, is likely to result in an adverse ruling, then Peeptrade shall at its option, (1) obtain a right for you to continue using such Services; (2) modify such Services to make them non-infringing; (3) replace such Services with a non-infringing equivalent; or (4) refund any pre-paid fees for the allegedly infringing Services that have not been performed. Notwithstanding the foregoing, Peeptrade shall have no obligation under this Section for any claim resulting or arising from the combination, operation, or use of the Services in connection with a third-party product, software or service (the combination of which causes the claimed infringement). Peeptrade's duty to indemnify and defend under this Section is contingent upon: (x) Peeptrade receiving prompt written notice of the third-party claim or action for which Peeptrade must indemnify Customer, (y) Peeptrade having the right to solely control the defense and resolution of such claim or action, and (z) your cooperation with Peeptrade in defending and resolving such claim or action. This Section states Customer's exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Peeptrade to provide any greater indemnity to Customer.
You shall defend and indemnify Peeptrade against any third-party claim or action arising out of your breach of Peeptrade's proprietary rights as stated in this Agreement.
If you are a Contributing User, you shall defend and indemnify Peeptrade against any third-party claim or action that your Third-Party Products infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights
Each party shall defend and indemnify the other party against any third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party's gross negligence or willful misconduct in the course of performing its obligations under this Agreement.
The parties are independent contractors. No provision of this Agreement will or shall be deemed to create an association, trust, partnership, joint venture or other entity or similar legal relationship between Peeptrade and Customer, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to such entities. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. Peeptrade has the right to assign, subcontract or delegate in whole or in part this Agreement, or any rights, duties, obligations or liabilities under this Agreement, by operation of law or otherwise. Otherwise, neither party may assign this Agreement without the permission of the other
Neither party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, embargo, strike, riot or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed party's time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure event lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, this Agreement.
Peeptrade reserves the right to update this Agreement at any time; however, your rights and obligations shall be as provided in the version of this Agreement executed by you or available to you at the time of your purchase Services or, when applicable, renewal of Services.
L. Governing Law. This Agreement and ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND PEEPTRADE, including their affiliates, contractors and agents, and each of their respective employees, directors and officers arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Peeptrade's advertising or any related purchase (a “Dispute”) shall be governed by the laws of the State of Texas, without regard to conflicts of law.
The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Travis County, Texas. Customer and Peeptrade agree to submit to the personal jurisdiction of the state and federal courts located within Travis County, Texas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute.
Peeptrade LLC (“Company” or ”We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website Peeptrade.com (our “ Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
On this Website.
In e-mail, text and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
us offline or through any other means, including on any other website operated by Company or any third party; or
any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
by which you may be personally identified, such as name, postal address, e-mail address, telephone number or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“personal information”);
that is about you but individually does not identify you; and/or
about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.
From third parties, for example, our business partners.
Information You Provide to Us . The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including e-mail addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfillment of your subscription. You will be required to provide financial information before obtaining a subscription through our Website.
Your search queries on the Website.
Assuming you are properly licensed by the SEC and/or your applicable state securities board, you may provide investment account information to users of the Website in exchange for a subscription fee (the “Subscriber Contributions”) . You agree to keep this information current and available to all subscribers in compliance with our user subscription requirements which we will make available to you and may be updated from time-to-time. We do not control the Subscriber Contributions and they are merely linked through Interactive Broker’s Flex Web Service to the Website. We agree to not disclose actual investment amounts to users, but we will display relative securities ownership percentages for your displayed investment portfolio. We will use reasonable commercial efforts to avoid errors in converting your actual securities ownership into relative percentage ownership for your portfolio, but we do not guarantee that it will be 100% accurate all the time due to rounding and other minor mathematical errors. We agree to use reasonable commercial efforts to restrict user access to those who have properly subscribed to view the Subscriber Contributions and Peeptrade personnel who have a need to access such information related to the performance of the Website and other general corporate needs (including, but not limited, accounting and legal personnel).
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, along with the Subscriber Contributions, the “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies . As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically is statistical data and does not include personal information, but/or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our affiliates.
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Peeptrade LLC's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Peeptrade LLC about our Website users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law or legal process, including responding to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Peeptrade LLC, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to firstname.lastname@example.org .
Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to [E-MAIL ADDRESS]. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of your subscription, product service experience or other transactions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and linked investment portfolios will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.