This Subscription, User Agreement and Terms of Service (the “Agreement”) states the terms and conditions that govern the contractual agreement between ACCRE LLC, a Washington limited liability company (the “Company”) and you who agrees to be bound by this Agreement in regard to your access to www.accre/trades.com (the “Site”), which is owned and operated by the Company.
2. CANCELLATION. You may cancel the Service at any time by contacting the Company at firstname.lastname@example.org. However, in order to prevent the next billing cycle from going through, you must notify the Company of the intent to cancel seven (7) days prior to the billing date. The Company does not under any circumstances grant any refunds (whether partial or in full) for any reason and any fees paid in connection with the Service shall be deemed non-refundable.
3. GENERAL RESTRICTIONS ON USE.
(a) The Company grants you a limited license to access and make PERSONAL use of the Site and not to download (other than page caching) or modify it (or any portion thereof) except with express written consent of the Company. This license does not include any resale, publication or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of a merchant, or any use of data mining, robots, or similar data gathering, reverse engineering and extraction tools. If you are an investment adviser or other BUSINESS interested in using this Service, please contact the Company by email at email@example.com. Any attempt by a business to subscribe through this Site would be invalid and a breach of this Agreement.
(b) You agree not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. You agree not to use any robot, spider,
(c) The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without the Company’s express written consent. You may not use any meta tags or any other “hidden” text utilizing the Company’s name or trademarks without the Company’s express written consent.
(d) Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
4. USER ACCOUNT. Once you register on the Site you will have an account with which to make use of the Service (the “User Account”). You may not allow any other person to use your unique User Account and you are responsible for maintaining the confidentiality of your username and password. You are fully responsible for all activities that occur under your User Account. You agree to: (i) immediately notify the Company of any unauthorized use of the User Account or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your User Account from a public or shared computer to ensure that others are not able to view or record your username and password and/or other personal information.
5. YOUR ACKNOWLEDGMENTS. You agree and acknowledge the following:
(a) To browse the Site and use the Service you must be at least eighteen (18) years of age.
(b) No information provided by the Company through the Site shall be construed as “Investment Advice” and you should consult with an independent adviser prior to making any investment. The Company is not an “Investment Adviser” as such term is defined in Section 21.20.005(8) of the Revised Code of Washington.
(c) Any funds used for investment and trading purposes should be viewed as at risk and you may experience losses greater than the amount you originally invested.
(d) Any forecast made by the Company regarding any security is purely for entertainment purposes and should not be taken as a warranty or guaranty as to the future performance of any such security.
(e) The Company makes no representation that past performance is an indication of future performance.(f) Any information provided to the Company by you is and will be truthful to the best of your knowledge and in the event any such information changes, you shall notify the Company of any such change within a reasonable amount of time.
6. INTELLECTUAL PROPERTY. The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, business models
7. COMMUNICATIONS. The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with the Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). You shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production
8. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY SERVICE OFFERED BY THE COMPANY, ANY CONTENT ON THE SITE PERTAINING TO THE FORECASTING OF THE PERFORMANCE OF ANY SECURITY, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN SUCH JURISDICTIONS.
9. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY THE COMPANY IS AT YOUR SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES THAT ANY PROJECTED PERFORMANCE OF ANY SECURITY WILL BE ACCURATE; (B) THAT THE SITE, OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. INDEMNIFICATION. You agree to indemnify, hold harmless and defend the Company, along with its managers, members, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by you; (ii) your use of the Site or any service offered by the Company; (c) any actions taken based on the Site’s content; (d) any unacceptable or objectionable use of the Site or any service offered to you by the Company; or (e) any negligent or willful misconduct by you.
11. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
12. PRODUCTS AND SERVICES. The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in your location.
13. THIRD PARTY LINKS. There may from time to time be links on the Site that lead to
14. MODIFICATION. The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes and this will be your only notification of any such change. Any use of the Site or the Service by you after such notification shall constitute your acceptance of the modified or amended terms. No modification to this Agreement made or attempted to be made by you shall be binding upon the Company.
15. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER. If a dispute arises in connection with your use of the Service or in relation to any of these terms (a “Dispute”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email membersupport@Accre.com with your concern and the Company will contact you via the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before Judicial Dispute Resolution, LLC (“JDR”) in Seattle, Washington. Please refer to http://www.jdrllc.com/arbitration/ for details on the process. Either party may commence the arbitration process by submitting a written demand for arbitration with the JDR and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the rules of arbitration of JDR in effect at the time of submission of the demand for arbitration. The Company will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
EXCEPTIONS: Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts located in King County in Washington State: (i) any dispute, controversy, or claim related to or contesting the validity of the Company’s proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. OPTING OUT: You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration provision. To opt out of arbitration, you must contact us at ACCRE LLC, 2101 4th Avenue, Suite 820 Seattle, Washington 98121, Attention: Legal Department. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration. If you do opt out of this arbitration provision, you agree that any claim you may later file individually or as a class action must be brought in the state or federal courts located in King County in Washington State.
17. YOUR AGREEMENT TO THESE TERMS. You acknowledge and agree that by entering into this Agreement electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by this Agreement.
18. EVERYTHING ELSE.
(a) If any provision in this Agreement is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This Agreement is and always will be governed by the laws of the United States of America and the State of Washington (without reference to the choice of law provisions of federal or Washington State law).
(c) There are no third-party beneficiaries to this Agreement.
(d) This Agreement, including those terms that are incorporated by reference, constitute the entire and only agreement between you and the Company and govern your use of the Site.
(e) This Agreement inures to the Company’s successors and assigns, if any. However, you may not assign this Agreement.For information please contact: firstname.lastname@example.org