Terms of service
TradrCal LLC
TERMS OF USE
Last updated and in effect as of 9/1/2023
TradrCal LLC (“TradrCal,” “we,” “us,” or “our”) owns and operates the website www.tradrcal.com (this “Website”).
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using our Website and our Services, you agree to be bound by the terms and all terms incorporated in them by reference. It is your responsibility to read the terms and conditions before using this website. If you do not expressly agree to all of the terms and conditions, then please do not access or use our websites.
By accessing or using this Website in any way (including browsing), using any information, or submitting any content or personal information via this Website, you agree to be bound by these terms and conditions. You represent and warrant that you are at least eighteen (18) years old and are legally able to agree to these terms.
Please note that Section 10 contains an arbitration clause. By agreeing to these Terms of Service, you agree to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury.
- By using the Website and/or receiving our Calendar Event invites to your personal device(s), you will be provided updates on events that may affect the markets (collectively, the “Services”). Our Services allow you to receive calendar events of financial reports and happenings. You will not be able to edit these events, nor will you be able to see other users receiving the events. OUR SERVICES DO NOT INCLUDE OR IN ANYWAY PROVIDE FINANCIAL ADVICE. THE INFORMATION PROVIDED SHOULD NOT BE RELIED ON AS FINANCIAL ADVICE.
- We are always working on new ways to improve our Services. We reserve the right to modify or change our Website or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Website or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Website or any Services. IF YOU DECIDE TO SUBSCRIBE TO OUR SERVICES, YOU UNDERSTAND AND AGREE THAT OUR SERVICES DO NOT INCLUDE OR IN ANYWAY PROVIDE FINANCIAL ADVICE. YOU UNDERSTAND AND AGREE, IF YOU DECIDE TO SUBSCRIBE TO OUR SERVICES, THAT YOU WILL NOT RELY UPON THE INFORMATION PROVIDED AS FINANCIAL ADVICE.
- The Services and their contents are intended for your personal, internal business, noncommercial, informational and/or educational use and may not be used for any other purposes.
1.3 Proprietary Rights
- All materials contained on this Website and in our Services, including all content, and the sound, audio, software, graphics, text and look and feel of the Website and Services, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by TradrCal, our subsidiaries or affiliated companies, contributors, our third party licensors, and/or our advertising partners. All rights reserved. Neither these Terms nor your use of this Website and our Services transfers any right, title or interest in the Website or our Services, the Content, or Intellectual Property Rights to you, and TradrCal and its third party licensors retain all of its and their respective right, title and interest to the Website, our Services, and Content.
- Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Website, in whole or in part, without the express written permission of TradrCal. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Website. To the extent any action or usage constituting a violation of the User Conduct is otherwise explicitly permitted or authorized pursuant to these Terms, such authorization is not intended to and shall not vest in you any ownership interests or other rights of any kind beyond those expressly granted herein. Unauthorized use of the Services, including usage of the Services in violation of the User Conduct, shall be a material breach of these Terms and may subject you to legal action.
- This Website is controlled, operated, and administered by TradrCal from its offices or servers within the United States of America (“U.S.”). TradrCal makes no representations that materials or Content on this Website are appropriate or available for use at locations outside of the U.S.. A reference to a product or service on this Website does not imply that such product or service is or will be available in your location. The Content of this Website, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use this Website or export the Content in violation of U.S. export laws or regulations. If you access this Website from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.
1.4 Third-Party Content and User Content
- Certain materials on this Website may be furnished by third parties. Certain product, service, or company designations for companies other than TradrCal may be mentioned in the Website for identification purposes only. Such links are provided for your convenience only. TradrCal does not control such third-party websites and is not responsible for any content thereon, including with respect to any comments posted on such third-party websites. TradrCal’s inclusion of links to such third-party websites does not amount to or imply any endorsement or warranty of the material on such sites or any association with their owners or operators. You agree that TradrCal is not responsible for any such third-party websites and services or any content thereon and agrees to hold TradrCal harmless from any and all claims or liability arising from your use of such third-party websites or services. You will need to make your own independent judgment regarding your interaction with these Linked Websites. You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Websites before you use them. TradrCal does not author, edit, or monitor these Linked Websites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Websites; (b) third-party content accessible through such Linked Websites; (c) any loss or damage you incur from dealing with any Linked Website; or (d) your dealings with any third parties found on or through this Website. Any concerns or questions related to third-party websites should be directed to the webmaster or other appropriate contact person for such third party. Third-party trademarks, trade names, logos, product or services names contained on this Website are the trademarks, registered or unregistered, of their respective owners.
- You acknowledge that the Website and the Services may include content provided by users. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by content posted by our contributors or User Content, are those of the respective authors and not of TradrCal or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Website or the Services by anyone other than TradrCal.
- Nothing in these Terms confers any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. TradrCal reserves all rights not expressly granted.
2.1 By using this Website, including any Content and Services available through it, you agree that you shall not:
- Use, save or distribute the content of the Services without the express prior written consent of TradrCal;
- Delete, modify, hack or attempt to change or alter any of the Content on this Website;
- Try to access accounts, computer systems, or networks connected to any of our servers or to this Website, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Website;
- Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of this Website or servers or networks connected to this Website, or take any other action that interferes with other parties' use of this Website;
- Use any robot, spider, or other automatic or manual device or process to harvest or compile information on this Website for purposes other than for a generally available search engine;
- Use any TradrCal names, service marks, or trademarks, or logos without our prior written consent, including as metatags, search engine keywords, or hidden text;
- Use any material or information, including images or photographs, made available through this Website or Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Transmit or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of a computer or property;
- Create a false identity to mislead others, breach any contractual or confidentiality obligations, or violate privacy rights;
- Defame, abuse, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of anyone else; or
- Provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.
2.2 You agree not to grant access to the Services to any person other than an authorized user. You are responsible for ensuring compliance with the foregoing by each authorized user in your organization. You shall have a limited right to save the content of the Services for its personal, internal business or other noncommercial use. You shall have a limited right to distribute the content of the Services to business associates, clients, and prospective clients or their respective representatives, agents, or assigns provided that you have a reasonable basis to believe that such selective distribution may be useful or helpful to the recipient for a particular purpose. Any other distribution of the content of the Services is prohibited without the express prior written consent of TradrCal.
Except as otherwise prohibited on this Website and Services, you may view, copy, retransmit, and print the Content available on this Website and Services under the following conditions:
- You may only use the Content for personal, informational, or non-commercial purposes, or to request further information about TradrCal;
- You may not provide, sell, license, or lease the Content or access to the Content for any fee or other consideration;
- You must ensure all copyright, trademark and other proprietary rights notices included in the Content as presented on this Website appear on all copies;
- You may not modify or alter the Content in any way; and
- You may not use any graphics separately from accompanying text.
- Credit card payment processing services on TradrCal are provided by Recharge Inc. (“Recharge”) and Stripe, Inc. (“Stripe”) and are subject to the Recharge Terms of Service and the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"), respectively. You agree to be bound by Recharge’s Terms of Service the Stripe Services Agreement, as may be modified by Recharge and Stripe from time to time. As a condition to TradrCal enabling credit card payment processing services through Recharge and Stripe, you agree to provide TradrCal accurate and complete information about yourself and your business, and you authorize TradrCal to share any such information with Recharge and Stripe, as well as transaction information related to your use of the Recharge and Stripe payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to any Platform Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
- Your breach of any obligations under these Terms may result in immediate suspension or termination of your access to the Services; provided that with respect to any non-monetary, curable breach, TradrCal will use commercially reasonable efforts to notify you of, and grant you the opportunity to cure such breach, although it shall be under no obligation to do so. In the event of such breach, you shall remain liable for, and TradrCal shall not be obligated to refund or credit, any fees incurred for the full contract term as set forth in the Subscription Form. Without limiting the foregoing, you acknowledge and agree that any action in violation of the User Conduct shall be an incurable breach of these Terms.
- In the event of termination of these Terms for any reason other than a violation of the User Conduct, you may retain for its personal, noncommercial use, any materials or content of the Services that have already been delivered; provided, however, you agree to be bound by the restrictions on distribution and dissemination of the content of the Services provided herein (including, without limitation, the User Conduct) even after termination of the Services.
- You agree and acknowledges that TradrCal reserves the right, in its sole and absolute discretion, to amend, alter, reorganize, reconfigure or otherwise change the interface, sections (and names of sections) and banners of news and data on the site (any such change, a “Section Reorganization”), provided that any such Section Reorganization shall not materially degrade the your access to information or services that are substantially similar to the Services for which you subscribed.
TradrCal may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products, services and the Website (“Feedback”). You agree that TradrCal may, in its sole discretion, use the Feedback you provide to TradrCal in any way, including in future modifications of this Website or in other TradrCal products or services. You hereby grant TradrCal a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise exploit the Feedback for any purpose. When you submit ideas, documents, suggestions and/or proposals ("Suggestions") to our Website, you acknowledge and agree that:
- Your Suggestions do not contain any type of confidential or proprietary information;
- TradrCal shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Suggestions;
- TradrCal shall be entitled to make use of and/or disclose any such Suggestions in any such manner as it sees fit; and
- TradrCal is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
As part of the sign-up process, you will be required to provide TradrCal with certain information, all of which must be accurate and updated, and which may include, without limitation, an authorized contact person’s name; address; phone number; ; e-mail address; etc.
TradrCal will treat any information it collects from you through this Website according to its Privacy Policy (“the Policy”), which is incorporated by reference into these Terms. Please review the Policy, and be sure you understand and agree to it, before you use the Service.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services (which may include the payment and/or delivery of such related goods and/or services), and any other term, condition, warranty and/or representation associated with such correspondence or dealings, are solely between you and the advertiser. TradrCal is not responsible or liable for any loss or damage resulting from any such correspondence or dealings, or as a result of the presence of such advertisers on our Website.
8.1 Warranty Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF TRADRCAL SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. ALTHOUGH TRADRCAL MAKES EFFORTS TO PROVIDE AN ACCURATE WEBSITE AND SERVICES, OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS," “WITH ALL FAULTS,” AND "AS AVAILABLE" BASIS.” TRADRCAL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TRADRCAL AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT (i) TRADRCAL SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (ii) TRADRCAL SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) RESULTS YOU OBTAIN FROM THE USE OF THE TRADRCAL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS CONTAINED IN THE WEBSITE OR SOFTWARE WILL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF TRADRCAL SERVICES OR SOFTWARE WILL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR, AND WAIVE ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO, ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING, AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.
- TRADRCAL MAKES EVERY REASONABLE EFFORT TO ASSURE THAT ALL INFORMATION PUBLISHED BY IT IS CORRECT; HOWEVER, TRADRCAL DISCLAIMS ANY LIABILITY FOR ERRORS IN THE SERVICES. AS A SUBSCRIBER, YOU ASSUME THE RISK OF POSSIBLE ERRORS CONTAINED IN THE SERVICES. YOU AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION IT INTENDS TO RELY UPON.
- NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT YOU OBTAINED FROM TRADRCAL, OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE, CREATES ANY WARRANTY NOT EXPRESSLY GRANTED IN THE TERMS OF SERVICE.
All users herein agree to indemnify and hold harmless TradrCal, our subsidiaries, affiliates, agents, employees, officers, partners, directors, and/or licensors, for any claim or demand—which may include, but is not limited to, cost, expense, or loss, including attorney fees made by any third party—arising or resulting from: (i) the use of or reliance on any information, material, or content of the Services or on our Website by you or any third party to whom you have provided such information, material, or content, regardless of whether or not such information, material or content contained any errors or omissions and whether or not TradrCal was aware or should have been aware of any such errors or omissions; (ii) Your violation or breach of these Terms; (iii) Your negligent acts or omissions or willful misconduct; or (iv) any allegation that your use of or access to the Services infringes upon the patent, trademark, copyright, trade name, trade secret, or other proprietary rights of any third party. Your duty to indemnify, defend and hold harmless TradrCal under this Agreement shall survive the termination, cancellation, or expiration of the Services.
You understand and agree that TradrCal and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors ARE NOT LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES—INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES—even if we were advised that such damages may occur, that result from:
- The use of or inability to use our service;
- The cost of procuring substitute goods and services;
- Unauthorized access to or alteration of your transmissions and/or data;
- Statements or conduct of any third party on our service; and
- Any other matter related to our service.
You agree to release TradrCal (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands, and damages arising out of any dispute about these Terms or TradrCal’s information practices.
TradrCal will always respect the intellectual property of others, and we ask that all of our users do the same. TradrCal may disable and/or terminate the accounts of any user who violates these Terms and/or infringes the rights of others. Please contact us immediately if you feel that your intellectual property rights have been violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
10.1 No Financial Advice
None of the Services provided by TradrCal are, nor are intended to be, financial, accounting or other professional advice or a substitute for advice of a financial advisor, broker, accountant or any other professional. Client agrees and acknowledges that the content of the Services is intended only as news and general legal information and is not intended to be, and should not be relied upon as, legal advice. TradrCal shall not be liable, and shall be held harmless, for any errors or omissions in the Services, and Client assumes all risks and liabilities in relying on the Services, contributing to a third party’s reliance on the Services, or inducing a third party to rely upon the Services. All content of the Services should be independently verified by Client. If legal advice or other expert assistance is required, Client will obtain the services of a competent, professional person, and will not rely on information provided on the Services as a substitute for such advice or assistance. No attorney-client relationship exists or shall be deemed to exist between Client (or any Authorized User) and TradrCal.
10.2 Cautions For Global Use And Export And Import Compliance
Due to the global nature of the Internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations.
10.3 Updates To These Terms
TradrCal may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on this Website, which will apply to your use of this Website after the modifications have been posted. Please review these Terms regularly for any updates or changes. Your continued use of this Website after we post updates or changes to these Terms constitutes your acceptance of the updates or changes. If you object to any part of these Terms or any later modifications to these Terms, you should stop using this Website.
10.4 Errors On The Website
It is not possible to ensure that any website is free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. TradrCal reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without notice.
10.5 Modifications Or Termination Of Website
TradrCal may modify, alter, and/or discontinue, whether temporarily or permanently, our services or this Website without prior notice. TradrCal may also—at its sole discretion—modify or terminate your access to this Website (or portions of this Website) at any time, temporarily or permanently, without notice to you. Sections of these terms entitled Website Content, User Conduct, and Contributions To Company Website, this Section, and Sections Accounts and Passwords, Links, Warranty Disclaimers, Limitation of Liability, Indemnity, Release, Copyright Or Intellectual Property Infringement Claims Notice & Procedures, and General Information survive any termination.
10.6 No Third Party Beneficiaries
Your agreement to these Terms does not create third party beneficiaries.
10.7 Use Safely
Some users may experience adverse effects when exposed to certain light patterns or backgrounds on a computer screen. Please consult a physician if you experience adverse effects such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, or involuntary movement while using the website.
10.8 Entire Agreement
These Terms constitutes the entire agreement between you and TradrCal regarding the use of our Services, and supersedes any prior version. You may also be subject to additional third-party terms and conditions when you use or purchase affiliate services, third-party content, or third-party software.
10.9 Choice Of Law And Forum
This Privacy Policy shall be construed and governed under the laws of the United States and the Commonwealth of Pennsylvania (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in the federal court in Philadelphia, Pennsylvania or state court of competent jurisdiction located in Philadelphia County, Pennsylvania, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.
All such disputes are subject to binding arbitration by a United States Arbitration & Mediation (“USA&M”) neutral according to the USA&M Rules of Arbitration. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award
10.10 Waiver And Severability Of Terms
TradrCal’s failure to exercise or enforce any right or provision of the Terms does not constitute a waiver. If any provision of this Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should try to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.
10.11. Consent to Communication
Client agrees that TradrCal reserves the right to send electronic or paper mail to you for the purpose of informing you of changes or additions to the Services or this Agreement. You further agrees that from time to time TradrCal may contact you via electronic or paper mail for the purpose of soliciting feedback or participation in user surveys relating to the Services. Any information obtained from you will not be shared with any third parties as provided in the Policy.
10.12 Electronic Communications
When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Services. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
CONTACT INFORMATION
If you have any questions about these Terms or TradrCal’s information practices, or would like to update your personal information, please contact us at help@tradrcal.com.