Thanks for using Tradier Hub.
These Terms of Service (“Terms”) apply to your access to and use of our website at hub.tradier.com, as well as any mobile applications and other online products and services related to Tradier Hub (collectively, the “Services”) which are provided by Tradier, Inc. (“Tradier” or “we”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.
With the exception of disputes arising from the Tradier brokerage services (which are resolved in accordance with the Tradier Brokerage agreement) and certain other kinds of disputes described in Section 10, you agree that disputes arising under these terms 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.
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’re 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 don’t copy, upload, download, or share content unless you have the right to do so.
Your use of the Services must comply with our Rules.
You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account and keep your account information current. We recommend that you do not share your password with others.
If you’re 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 will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will 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.
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 email@example.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.
You retain your rights to any content you submit, post or display on or through the Services.
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, 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 can’t 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 don’t 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.
Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as nonconfidential.
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.
In order 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.
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.
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, 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 can’t 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 doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Tradier or through the Services will 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 don’t 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.
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Tradier or the other Tradier Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, Tradier and Tradier Parties won’t be liable for:
(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Tradier or the other Tradier Parties have been advised of the possibility of such damages.
(b) 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 the greater of $50.00 USD or the amount paid by you to use our Services.
We want to address your concerns without needing a formal legal case. Before filing a claim against Tradier, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at firstname.lastname@example.org 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 can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Tradier and limits how you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Tradier agree that any dispute arising out of or related to these Terms or our Services is personal to you and Tradier and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or Tradier seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or Tradier seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Tradier waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, California unless you’re a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section a “consumer” means a person using the Services for personal, family or household purposes. You and Tradier agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and Tradier agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Tradier, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and Tradier agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Tradier will pay the remaining JAMS fees and costs. For any arbitration initiated by Tradier, Tradier will pay all JAMS fees and costs. You and Tradier agree that the state or federal courts of the State of North Carolina and the United States sitting in Charlotte, North Carolina have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Tradier will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to hello@Tradier.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding “Governing Law; Entire Agreement.”
(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
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.