Tradier Hub Terms of Service

YOU ACKNOWLEDGE AND AGREE THAT: (1) THE CONTENT PRESENTED ON THE SERVICES ARE NOT INTENDED TO PROVIDE YOU OR ANYONE ELSE WITH INVESTMENT, LEGAL, TAX, INSURANCE OR ANY OTHER KIND OF PROFESSIONAL ADVICE; AND (2) TRADIER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITIES FOR ACTIONS TAKEN BY YOU BASED ON CONTENT PRESENTED ON THE SERVICES.

Your use of the Services are subject to all additional terms and conditions, policies, rules, or guidelines applicable to the Services or certain features of the Services together with any that we may post on or link to from the Services including the disclosures made available here: https://tradier.com/disclosures (collectively the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. For the avoidance of doubt, if you are using the Brokerage Service, you are subject to these Terms and Additional Terms including the Tradier Brokerage Agreement (“Tradier Brokerage Agreement”) available here: https://support.tradier.com/article/104-account-agreements. To the extent that any Additional Terms conflict with these Terms, the terms contained in the Additional Terms will control.

You are responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so. You may need to register for an account to access some or all of our Services and protect password and access to it.

If you are accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.

To use our Services, you must be at least 13 years old.

If you use the Services to access, collect, or use any data that could potentially identify a specific individual (“Personal Information”) about other Tradier Hub users, you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.

For Personal Information you provide to us, you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that Tradier’s use of such Personal Information in accordance with the purposes for which you provided us the Personal Information does not violate, misappropriate, or infringe any rights of another (including intellectual property rights or privacy rights) and does not cause us to violate any applicable laws.

Tradier may review your conduct and content for compliance with these Terms and our Rules and reserves the right to remove any violating content. All content created by, for or uploaded by you into the Services can be reused, edited, uploaded, syndicated, and branded by the Services at their discretion.

Tradier reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers.

If you believe any content accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by contacting Tradier at hello@tradier.com and providing the following information: (a) identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (b) identification of the content that you believe to be infringing and its location; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or authorized representative; and (f) a signature or the electronic equivalent from the copyright holder or authorized representative.

Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Tradier a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, syndicate, affiliate, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.

Tradier needs this license because you own your content and Tradier therefore cannot display or distribute your content without your permission.

So long as you comply with these Terms, Tradier gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services and any associated media, printed materials, and online or electronic documentation, as well as related and accompanying documentation (collectively, the “Tradier Materials”) within the United States of America, solely for your personal, non-commercial use (the “License”). The License, which is issued to a designated user, enables such designated user to install and use the Services on computers or desktops operating without being shared with any other user. Each additional user of the Services requires an additional License. You may not modify or create derivative copies of any Tradier Materials.

The Services and Tradier Materials are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services or the Tradier Materials, other users’ content on the Services, or Tradier trademarks, logos, or other brand features.

We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

For us to provide our Services, you agree that we may process, transfer and store information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Tradier, and our officers, directors, agents, partners and employees (individually and collectively, the “Tradier Parties”) from and against any losses, merchantability, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Tradier Parties of any third-party Claims, cooperate with Tradier Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Tradier Parties will have control of the defense or settlement, at Tradier’s sole option, of any third-party Claims.

Tradier aims to give you great Services but there are some things we cannot guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Tradier does not represent or warrant that our Services are accurate, complete, dependable, current, or error-free. Advice or information obtained from Tradier or through the Services shall not create any warranty or representation not expressly made in this paragraph. Tradier may provide information about third-party products, services, activities, or events, or we allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations do not allow the disclaimers in this paragraph and so they might not apply to you.

The Services may include Third Party Content as well as links to third party or external websites or resources over which Tradier has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Tradier of content on those third party or external websites or resources. Your access and use of such websites or resources is solely at your own risk and may be subject to third party terms and conditions. Tradier makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website.

In no event shall you or any party directly or indirectly associated with you hold the Services, Tradier, Tradier Employees, Consultants, Tradier Subsidiaries and Tradier Partners liable for lost profits , exemplary, and consequential or punitive damages, Furthermore, The Services makes any representation or warranty to you regarding the effect that the Agreement may have upon the foreign, federal, state or local tax liability of the other Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Tradier and the other Tradier Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to no greater than $50.00 USD.

You agree that disputes arising under these terms or between you and the Services will be resolved by binding, individual arbitration, and by accepting these Terms, you and Tradier are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Charlotte, North Carolina before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law North Carolina. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.

You agree that on any issues or conflicts, you agree attempt a resolution by sending a written notice of your claim by email at hello@tradier.com or by certified mail addressed to Tradier, Inc. 3420 Toringdon Way, Suite 300, Charlotte, NC 28277. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we cannot resolve matters within ninety days after any notice is sent, either party may initiate a formal proceeding.

These Terms and the policies referenced herein contains the entire agreement between the parties hereto. No verbal agreement, conversation, or representation between any officers, agents, or employees of the parties hereto, either before or after the execution of these Terms, shall affect or modify any of the terms or obligations herein contained. These Terms shall be governed by, and interpreted and construed in accordance with, the substantive laws of the State of North Carolina, USA. Both parties hereby irrevocably submit any disputes under this Agreement to the jurisdiction of the state and Federal courts located in North Carolina.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.