TERMS OF SERVICE Last Updated May 8, 2023
These Terms of Service and any terms expressly incorporated herein (these “Terms”) apply to any access to, or use of, any services made available by SaberTrade Inc., together with its subsidiaries and affiliates (“SaberTrade”, “we”, “us” or “our”), including without limitation, our website, platform, and SaberTrade Links (as defined herein) (individually and collectively, the “Services”). For the purposes of these Terms, the terms “you”, “your”, and “yourself” means you as the user of the Service, including both Publishers and Traders, as such terms are defined herein.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
BY REGISTERING TO USE, ACCESSING, OR USING THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE TO THESE TERMS WHENEVER THE OPTION IS PRESENTED TO YOU: (A) YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THE MOST CURRENT VERSION OF THESE TERMS; (B) YOU ARE REPRESENTING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT WITH US; (C) YOU ARE ACCEPTING THESE TERMS AND AGREEING THAT YOU ARE LEGALLY BOUND BY THESE TERMS; (D) YOU ARE AGREEING THAT THESE TERMS WILL BE DEEMED TO SATISFY ANY REQUIREMENT UNDER APPLICABLE LAW THAT AN AGREEMENT BETWEEN YOU AND US BE IN WRITING; AND (E) YOU ARE AGREEING THAT YOUR ACTIONS IN REGISTERING FOR, LOGGING INTO, OR GENERALLY ACCESSING, THE SERVICES OR OTHERWISE INDICATING YOUR AGREEMENT TO THESE TERMS WILL BE DEEMED TO BE YOUR VALID AUTHENTICATED SIGNATURE FOR PURPOSES OF ANY APPLICABLE LAW REQUIRING THAT THESE TERMS BETWEEN YOU AND US BE SIGNED BY YOU IN WRITING.
We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Services constitute your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you sign into your Account (as defined below), or otherwise access, or use the Services. Therefore, we encourage you to review these Terms regularly.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SABERTRADE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SABERTRADE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
To use certain features of the Services, you may be required to provide certain information we reasonably request to establish, register and confirm your account (an “Account”). We may offer to you the ability to create and manage your account online, via the Services; in which case you will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided to us so that the information is complete and accurate at all times; (d) maintain the security of your Account by protecting your password from unauthorized access or use; (e) promptly notify us if you discover or suspect any unauthorized access or use of your Account or any security breaches related to your Account; and (f) be responsible for all activities that occur under your Account, and accept all risks of any authorized or unauthorized access to your Account.
By using the Services, you represent that you are above the age of eighteen (18) years old. Additionally, we must not have previously disabled your account or otherwise banned you from you from using our Services for a violation of law or any of our policies. By using the Services, you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these Terms.
You are solely responsible for any and all activities conducted under your Account and your use of the Services. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. We shall not be liable for any loss incurred in connection with or resulting from any party’s unauthorized use of a password or an Account. You acknowledge and agree that losses incurred by us or another party due to the unauthorized use of your Account or password are solely at your liability. Accordingly, you are solely responsible for maintaining the confidentiality of your Account password, username, and any other credentials relating to your Account. Unauthorized use of another’s Account or password is strictly prohibited.
We reserve the right to disable your Account and any SaberTrade Links at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services and would like your Account to be deleted, please contact us via email at Support@Saber-Trade.com. Once you choose to delete your Account, you will not be able to reactivate your Account or retrieve any information you have added, transmitted, or sent, unless permitted by law.
(a) The Service provided by us, including our Platform which allows Traders who click on SaberTrade Links to be connected to their preferred brokerages, is offered only in jurisdictions where it is legal to do so. The availability of the Services over the Internet is not a solicitation for or offering of services to any person in any jurisdiction where such solicitation or offering is illegal. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
(b) We make no representation that the Services, including our Platform, are appropriate or available for use by Traders in locations outside of United States, or that accessing our Platform is legally permitted in countries or territories where the Services may be illegal. If you access the Services, including our Platform from other locations, you do so at your own risk and are responsible for compliance with local laws.
(c) If you are located outside the United States, you consent to having your personal data (as defined under the GDPR) transferred to and processed in the United States. If you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on or through the Services.
(a) DO NOT BASE ANY INVESTMENT DECISION UPON ANY CONTENT SHARED BY PUBLISHERS OR OTHERWISE FOUND OR POSTED ON THE SERVICES. WE ARE NOT REGISTERED AS A SECURITIES BROKER-DEALER OR AN INVESTMENT ADVISER EITHER WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR WITH ANY STATE SECURITIES REGULATORY AUTHORITY. ANY CONTENT SABERTRADE MAKES AVAILABLE VIA THE SERVICES TO ITS USERS IS FOR INFORMATIONAL PURPOSES ONLY.
(b) Content containing a SaberTrade Link, whether shared by the Publisher or posted on our Services, is for educational and illustrative purposes only and does not imply a recommendation, endorsement, or solicitation to buy or sell a particular security or to engage in any particular investment or trading strategy. It is your responsibility to evaluate the Publisher’s Content, including the usefulness of the information provided by or otherwise obtained from the Content.
(c) All Content which contains a SaberTrade Link was created and authored by Publishers who are not affiliated with us. We have not been involved in the preparation, adoption, review, or editing of any Content, and we do not endorse or approve such Content. For avoidance of doubt, our Services are strictly limited to providing Publishers with SaberTrade Links to include within their Content. You acknowledge and agree that we are not involved in the creation or development of any Content and disclaim any responsibility for such Content and cannot be liable for claims arising out of or relating to such Content. For avoidance of doubt, you agree that SaberTrade will not be responsible or liable in any way for the inaccuracy or unreliability of any Content.
(d) Content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. SaberTrade nor Publishers are obligated to update any information or opinions contained in any Content.
(e) We may discontinue the use of a SaberTrade Link contained in Content at any time without notice to the Publisher or the Trader. You agree that SaberTrade will not be liable in any way for the termination, interruption, or unavailability of any SaberTrade Link.
(f) Content may include or provide, in addition to a SaberTrade Link, other links to third- party websites or resources. Because we have no control over third-party websites and resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, goods, services or other materials on, available through or provided by such third-party websites or resources. Your correspondence or business dealings with, or participation in promotions of, any third-party websites that you find within the Content, including the payment and delivery of related products, goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party websites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of other links, in addition to a SaberTade Link, found in Content.
(g) Publishers hereby represent and warrant that any Content containing a SaberTrade Link will contain appropriate and applicable disclaimers regarding investment decisions and trading.
When Traders click on a SaberTrade Link and are directed into the Platform, Traders may be shown various advertisements and/or affiliate materials prior to being directed from the Platform to the Trader’s preferred trading brokerage. Publishers may receive, as commission for providing a SaberTrade Link in their Content and with respect to a Trader clicking such SaberTrade Link and viewing various advertisement/affiliate materials in the Platform, a certain percentage distribution of the advertising revenue received by SaberTrade. Unless otherwise agreed, the percentage distribution of advertising revenue received by SaberTrade to be paid to Publishers as commission shall be determined by SaberTrade in its sole discretion and from time to time as reflected when the Publisher creates a SaberTrade Link or as is displayed in the Publisher’s Account.
(a) We cannot guarantee that the Services will be available at all times. We will make reasonable efforts to maintain the Services. Further, we do not warrant that (i) the Services will function uninterrupted or will be secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your expectations or requirements. Use of the Services are at your own risk.
(b) We reserve the right, in our sole discretion and without any obligation, to modify, improve, discontinue or correct any errors or omissions in any portion of the Service at any times.
(c) By using the Services, you agree that we are not responsible for any losses resulting from your use and acknowledge the following risks: (i) internet or wireless access may be delayed or interrupted, or may be unavailable; (ii) data transmitted through the internet or wireless access may be intercepted by unauthorized persons; and (iii) your failure to physically secure your electronic device or to protect your passwords can result in unauthorized access to your account(s).
(a) The Services, by and through our Platform, will direct Traders, who click SaberTrade Links, to their preferred trading brokerages or otherwise to other third-party websites (collectively, the “Third-Party Sites”). The availability by a Trader to be directed via our Platform to such Third-Party Sites does not constitute any endorsement by us or association with those Third-Party Sites, the services provided by those Third-Party Sites, or their operators. We do not control any such Third-Party Sites, and are not responsible for their availability, accuracy, services, products, or content. The use of Third-Party Sites are governed by the terms and conditions of service and privacy policies for those Third-Party Sites. Your access to and use of such Third-Party Sites is at your own risk. Our Services may prepopulate certain information on Third-Party Sites, including Ticker Symbols and trade terms, based on the SaberTrade Link you engaged. These Services are provided on a best-effort basis and we make no warranty to the accuracy of the prepopulated fields. It is your responsibility to check, review, and ensure that all the information relating to any and all trades you execute on such Third-Party Sites are accurate and aligned with your personal preferences. We expressly disclaim any liability arising in connection with your use of any Third-Party Sites. You hereby agree to hold us harmless from any liability that may result from the use of Third-Party Sites which you were directed to via our Platform.
(b) These Third-party Sites may request that you provide certain information such as credit card numbers, bank account numbers, and other sensitive financial information, to use such Third-Party Site and their accompanying services. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. We have no control and make no representations as to the use or disclosure of information provided to Third-Party Sites. You agree that these Third-Party Sites are not under our control, and that we are not responsible for any Third-Party Site’s use of your information.
(a) All Content shared by a Publisher is information of a general nature and does not address the circumstances of any particular individual or entity. The Service does not constitute professional and/ or financial advice, nor does any Content constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. SaberTrade is not a fiduciary by virtue of any person’s use of or access to the Service or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Content before making any decisions based on such Content.
(b) Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.
(c) Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any Content or through your use of our Services.
The Service does not and is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
Subject to all terms and conditions of these Terms we grant you a limited non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and use available features of the Services in accordance with all terms and conditions of these Terms, and only during the Term.
You agree not to make any other use of the Services that are not specifically permitted in these Terms without our prior express consent in writing. Without limiting any other terms of these Terms, you agree that you will not directly or indirectly:
(i) engage in any act not expressly permitted by these Terms, or access or use the Services in violation of these Terms or in violation of any applicable laws, rules or regulations;
(ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Services or your right to access or use the Services to any third party in any way (unless we have given you express permission in writing to do so);
(iii) copy, modify, adapt, publicly display or publicly perform or create derivative works of the Services or any portion thereof, or decompile, reverse assemble, or otherwise reverse engineer the Services or any portion thereof, except to the extent as may be expressly permitted by law and authorized hereunder;
(iv) attempt to gain unauthorized access to, or otherwise impair the integrity, use or security of, the Services or any systems or data of us or a third party; or
(v) use the Services for competitive research or for scoping, benchmarking, developing or providing any similar or competitive product or service;
(vi) remove or obscure any copyright, trademark, or other proprietary notice from the Services;
(vii) use or interact with the Services in a manner that infringes, misappropriates, or otherwise violates the Intellectual Property rights or any other rights of anyone else, including SaberTrade;
(viii) interfere with or attempt to interfere with the proper working of the Services, disrupt any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
(ix) use the Services for deceptive commercial practices or any other illegal or deceptive activities;
(x) interact with Third-Party Sites in conjunction with the Services without agreeing to such Third-Party Site’s terms & conditions;
(xi) attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
(xii) use the Services in any manner to distribute or cause to be distributed material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person; or
(xiii) use the Services in any manner to distribute or cause to be distributed any materials that you are not properly licensed.
THE ABOVE RESTRICTIONS WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.
Except for the SaberTrade Link, Publisher shall own and retain all rights to such Publisher’s Content which contains a SaberTrade Link and is subsequently shared by a Publisher or which is otherwise made available or posted to the Services. Subject to these Terms, you hereby grant us a worldwide, royalty-free, limited license to access and use your Content for the provision of Services, including, but not limited to, posting or otherwise sharing or displaying your Content on our Website. Solely to the extent that reformatting Content for display on our Website constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. The aforementioned license is hereby granted solely: (i) to maintain and provide you the Services; (ii) to prevent or address technical or security issues; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that Content is in violation of these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process; and (v) as expressly permitted in writing by you.
You shall be solely responsible for the accuracy, quality, content, and legality of your Content, and any actions triggered by such Content.
You agree that, as between you and us, we own all right, title and interest, including all related Intellectual Property rights, in and to the Services, including, and without limitation, all computer and application software and code (including all source code, object code, design tools, user interfaces, and application programming interfaces) and all such other proprietary technology owned or used by us, or made available to you by us, and all modifications, enhancements and improvements to any of the foregoing. All names, logos, other service names, trademarks, service marks and logos associated with us or the Services are trademarks or service marks of ours, and no right or license is granted to you to use them for any purpose whatsoever. The look and feel of the Services, including but not limited to any custom graphics, button icons, and scripts are also our property, and you may not copy, imitate, or use them, in whole or in part, without our prior written consent. We hereby reserve all rights worldwide not specifically granted to you in these Terms, and you agree that you will not make any use of any of the foregoing in any manner or for any purpose whatsoever except as expressly permitted by the terms and conditions of these Terms. This Section does not limit any rights or remedies we may have under any applicable laws, rules and regulations. As used in these Terms, “Intellectual Property” means any and all of the following arising pursuant to the laws of any jurisdiction throughout the world: (a) trademarks, service marks, trade names, and similar indicia of source of origin, all registrations and applications for registration thereof, and the goodwill connected with the use of and symbolized by the foregoing; (b) copyrights and all registrations and applications for registration thereof; (c) trade secrets and know-how; (d) patents and patent applications; (e) internet domain name registrations; and (f) other intellectual property and related proprietary rights.
We welcome your suggestions, comments, or other feedback about our Services (collectively, the “Feedback”). You expressly acknowledge and agree that SaberTrade will own all Feedback and you hereby assign to SaberTrade all right, title and interest to Feedback together with all associated Intellectual Property Rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material, including Content, contained on or posted to the Service may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit us to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us. Written notice must be sent to: Support@Saber-Trade.com.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, advisors, contractors, successors, and assigns harmless from any losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, due to or arising out of (a) your access to or use of the Services or any Third-Party Sites; (b) your breach of these Terms or any applicable law or regulation; (c) your Content, including infringement claims related to your Content; or (d) your negligence or willful misconduct. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
NEITHER SABERTRADE, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR GUARANTEES TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, PLATFORM, ANY SABERTRADE LINK EMBEDDED WITHIN THE CONTENT, UPDATES OR OTHERWISE REGARDING THESE TERMS, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, AND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NO WARRANTY IS MADE THAT USE OF THE SERVICES WILL BE TIMELY, ERROR-FREE OR UNINTERRUPTED, THAT ANY NON-MATERIAL ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH HARDWARE, PLATFORM, SYSTEMS, OR DATA WHETHER OR NOT PROVIDED BY US, OR THAT THE SERVICES’ FUNCTIONALITY WILL OTHERWISE MEET ANY SPECIFIC USER EXPECTATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES ARE SOLELY AT YOUR OWN RISK AND RESPONSIBILITY.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INABILITY TO USE THE SERVICES, OR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ON LIABILITY APPLY TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, ADVISORS, AND CONTRACTORS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED $50.00. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small claims court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
Most disputes can be resolved without resort to litigation. You can reach our support department at Support@Saber-Trade.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
(a) Where the relief sought is ten thousand dollars ($10,000), or less, and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the Fair Claims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
(b) Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois. Where the relief sought is between $10,001 and $250,000, arbitration shall be before a single arbitrator in accordance with the JAMS Streamlined Arbitration Procedure Rules. Where the relief sought exceeds $250,000, arbitration shall be before a panel of three arbitrators in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 71 S Wacker Dr #2400, Chicago, IL 60606; and (c) send one copy of the Demand for Arbitration to us at 435 W Erie Street, Apt #2208, Chicago, IL 60654 ATTN: Legal. You will be required to pay a fee to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
(d) The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(e) The parties further agree to submit to the personal jurisdiction of any federal or state court in Cook County, Illinois in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in State or federal court or in the U.S. Patent and Trademark Office. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to at Support@Saber-Trade.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
(a) We will provide at least thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver Section by posting on our Services. Amendments will become effective thirty (30) days after they are posted on our Services.
(b) Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
This arbitration section shall survive the termination of your relationship with us.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: Support@Saber-Trade.com or to our applicable Services support page.
These Terms are effective until terminated (the “Term”). You may terminate the Terms by discontinuing your use of the Services and affirmatively cancelling/deleting your Account. The Company shall have the right to terminate these Terms, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of your Account and/or the Services, at any time, effective immediately, with or without notice, for any or no reason whatsoever. If the Company terminates or restricts your use of and/or access to the Services, then you must immediately stop using all portions of the Services. Upon termination of the Term, you shall still continue to be bound by those of these Terms that survive termination, either expressly or by virtue of reasonable construction of their nature.
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, shall be governed by and construed and enforced in accordance with the laws of State of Delaware, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Cook County, Illinois will have exclusive jurisdiction. You waive any objection to venue in any such courts.
These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.
These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and our obligations hereunder at any time, in our sole discretion.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms shall be unimpaired and these Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.
The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.
We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Service) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
These Terms are personal to you and to us, and no third party shall be considered a beneficiary hereof, for any purpose.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
You acknowledge and agree that your breach of these Terms would cause irreparable harm to us, for which money damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened or continued breach of these Terms.
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
[End of Terms of Service]