Terms of Use - TrailingCrypto


Last Update: 17 August, 2020

These TrailingCrypto Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and TrailingCrypto Inc. (Provider). By accessing, downloading, using or clicking on “I agree” you accept to Web Services (as defined below) provided by Provider (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at www.trailingcrypto.com/privacy.html In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.

Please read the terms carefully as they govern your use of Provider Services.

BY MAKING USE OF PROVIDER SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
(1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES;
(2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF PROVIDER SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND
(3) PROVIDER SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES

By accessing, using or attempting to use Provider services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access or utilize Provider services.


A. Definitions

1. Operators :refer to all parties that run , including but not limited to legal persons, unincorporated organizations and teams that provide Provider Services and are responsible for such services.THESE TERMS, MAY CHANGE AS PROVIDER’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF PROVIDER OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW PROVIDER SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE PROVIDER SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED PROVIDER OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.


2. Web Services or Provider Services refer to various services consist of a set of software programs, interfaces, and webpages running on computers hosted at Provider sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Site. “Data” means the prices and other market data that is (i) owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.

3. Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Provider, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Centre or within products or service processes.

4. User(s) refer to all individuals, institutions or organizations that access, download or use Provider or Provider Services and who meet the criteria and conditions stipulated by Provider. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.

5. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

6. Third Party Data means the prices and other data that is (i) not owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.

7. Data Owner means a legal entity that holds ownership rights to some of the Data or Third Party Data (defined below) and is the original licensing source of such portion of the Data or Third Party Data when such portion of the Data or Third Party Data is not in the public domain. In cases of Third Party Data, Provider has secured redistribution agreements with the Data Owner.

8. Data Exchange Format means an electronic version of the Data or Third Party Data used for sharing the Data or Third Party Data between software applications, including but not limited to any application programming interface (API), any database access (e.g., ODBC, etc.), any network transmission format (e.g., EDI, SOAP, RSS, XML, etc.) and any data file format (e.g., XLS, CSV, etc.). Provider reserves the right, in its sole discretion, to determine if a particular electronic version of the Data or Third Party Data constitutes a Data Exchange Format.

9. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.

10. Subscription Plan means all the subscription plans selected by the Customer in connection with the purchase of the use of the Web Services, Data and Third Party Data. The Provider posts the available subscription plans and the specific use of the Web Services, Data and Third Party Data provided by each subscription plan on the Site, as they may be updated by the Provider from time to time. The current subscription plans offered with respect to the Web Services are located at http://www.trailingCrypto.com/pricing.html.

11. Support Plan means the Support Plan selected by the Customer in connection with the purchase of the use of the Web Services, Data, and Third Party Data. The Provider posts the available support plans and specific service levels provided by each support plan on the Site, as they may be updated by the Provider from time to time.


B. General Provisions

A. About These Terms

a. Contractual Relationship

These Terms constitute a legal agreement and create a binding contract between you and Provider.

b. Supplementary Terms

Due to the rapid development of Digital Currencies and Provider, these Terms between you and Provider do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, THE PRIVACY POLICY, PROVIDER PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND PROVIDER ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF PROVIDER SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.

c. Changes to These Terms

Provider reserves the right to change or modify these Terms in its discretion at any time. Provider will notify such changes by updating the terms on its website www.trailingcrypto.com/terms.html and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF PROVIDER SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING PROVIDER SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF PROVIDER SERVICES.

d. Prohibition of Use

BY ACCESSING AND USING PROVIDER SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. PROVIDER RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF PROVIDER SERVICES IN CERTAIN COUNTRIES OR REGIONS.

B. About Provider

TrailingCrypto is a platform offering Trading terminal, crypto trading bot, telegram automation, email signals on top crypto exchanges


C. Registration and Requirements

a. Registration

All Users must apply for a Provider Account before using Provider Services. When you register a Provider Account, you must provide your real name, email address and password, and accept these Terms, the Privacy Policy, and other Provider Platform Rules. Provider may refuse, in its discretion, to open a Provider Account for you. You agree to provide complete and accurate information when opening a Provider Account, and agree to timely update any information you provide to Provider to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time.

b. 30 Day Free Trial

Upon registration to use the Site, Web Services, Data and Third Party Data, the Provider will provide a restricted use, free trial of the Site, Web Services, Data and Third Party Data for thirty (30) days (the "Free Trial"). THE RESTRICTIONS OF THE FREE TRIAL ARE DETERMINED SOLELY AT THE DISCRETION OF THE PROVIDER AND MAY BE MODIFIED AT ANY TIME. THE FREE TRIAL IS PROVIDED ONCE AND ONLY UPON YOUR FIRST REGISTRATION AT THE SITE FOR A SINGLE THIRTY (30) DAY PERIOD. THE FREE TRIAL IS NOT PROVIDED UPON SUBSQUENT REGISTRATION BY CUSTOMER OR CUSTOMER’S AGENTS OR AFFILIATES.

c. Purchase

Upon completion of the Free Trial, access to the Site, Web Services, Data and Third Party Data will terminate until and unless the Customer selects and agrees to purchase a Subscription Plan and a Support Plan for continued use of the Site, Web Services, Data and Third Party Data. Upon selection and purchase, access to the Site, Web Services, Data and Third Party Data will be provided in accordance with the terms of the specific Subscription Plan selected by the Customer via the Site.

d. Eligibility

By registering to use a Provider Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Provider Services; (iv) you do not currently have a Provider Account;
Provider reserves the right to change, modify or impose additional restrictions at its discretion at any time.

e. Fees

Subscription Fees. Customer will pay to Provider fees in connection with the Subscription Plan and the Support Plan selected by Customer to use the Web Services, Data, and Third Party Data (“Subscription Fees”). Thereafter, Subscription Fees for Customer’s use of the Web Services, Data and Third Party Data shall be (i) as described and/or as selected by You via the Site in connection with purchase to use the Web Services, Data and Third Party Data or (ii) negotiated between You and Provider by creating an addendum to this Agreement. Unless otherwise negotiated between You and Provider in an addendum to this agreement, all Subscription Fees are due at the beginning of each subscription term as specified in the Subscription Plan and Provider will charge the method of payment You provide via the Site in the amount of the Subscription Fees in connection with the Subscription Plan that You select. Subscription Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Provider’s net income.

Web Services Overage Fee Adjustment. Provider will notify Customer in writing should Customer exceed its average volume limit associated with a Web Service over a one (1) day period. Upon notification, Customer will have one (1) day to reduce its volume to comply with its current Web Service volume limitation. Should Customer continue to exceed its Web service volume limit, Provider will upgrade Customer’s current Web Service level to accommodate the higher volumes and adjust the Subscription Fee accordingly. Should Customer decline to accept the adjustment, Provider can terminate the agreement in accordance with the Terms & Termination.

Subscription Fees are non-refundable. Customer waives their right to a refund on Subscription Fees both during on Termination, and after expiration of Agreement.

f. Account Usage Requirements

The Provider Account can only be used by the account registrant. Provider reserves the right to suspend, freeze or cancel the use of Provider Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Provider immediately. Provider assumes no liability for any loss or damage arising from the use of Provider Account by you or any third party with or without your authorization.

g. Account Security

Provider has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Provider Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Provider Account and personal information. You agree that any data breach or loss of account information due to any hack will not be the Provider’s responsibility.
You should be solely responsible for keeping safe of your Provider Account and password, and be responsible for all the transactions under your Provider Account. Provider assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Provider Account, you hereby agree that:
i. you will notify Provider immediately if you are aware of any unauthorized use of your Provider Account and password or any other violation of security rules;
ii. you will strictly abide by all mechanisms or procedures of Provider regarding security, authentication, trading, charging, and withdrawal; and
iii. you will take appropriate steps to logout from Provider at the end of each visit.

h. Personal Data

Your personal data will be properly protected and kept confidential, but Provider has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:
i. your transaction counterparty;
ii. Provider Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
iii. our joint ventures, alliance partners and business partners;
iv. our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
v. third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
vi. insurance companies or insurance investigators and credit providers;
vii. credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
viii. business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of Provider Operators;
ix. professional consultants such as auditors and lawyers;
x. relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
xi. assignees of our rights and obligations;
xii. banks, credit card companies and their respective service providers;
xiii. persons with your consent as determined by you or the applicable contract.


D. Web Services

Upon completion of the registration and identity verification for your Provider Account, you may use various Provider Services, in accordance with the provisions of these Terms (including Provider Platform Rules and other individual agreements). Provider has the right to:
1. Provide, modify or terminate, in its discretion, any Provider Services based on its development plan; and
2. Allow or prohibit some Users’ use of any Provider Services in accordance with relevant Provider Platform Rules.


E. Service Usage Guidelines

a. License

Provided that you constantly comply with the express terms and conditions stated in these Terms, Provider grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Provider Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Provider Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Provider Services should be stipulated in the discretion of Provider. Provider reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Provider Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Provider Services. Therefore, you hereby agree that when you use Provider Services, Provider does not transfer Provider Services or the ownership or intellectual property rights of any Provider intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Provider Services, are exclusively owned, controlled and/or licensed by Provider Operators or its members, parent companies, licensors or affiliates.
Provider owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Provider or Provider Services that you provide through email, Provider Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Provider. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

b. Restriction

When you use Provider Services, you agree and undertake to comply with the following provisions:

i. During the use of Provider Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Provider;

ii. Your use of Provider Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Provider Services;

iii. You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);

iv. Without written consent from Provider, the following commercial uses of Provider data are prohibited:
    1) Trading services that make use of Provider quotes or market bulletin board information.
    2) Data feeding or streaming services that make use of any market data of Provider.
    3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Provider.

v. Without prior written consent from Provider, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.

vi. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Provider Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Provider Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Provider Services or any Provider servers or any other systems or networks of any Provider Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Provider Services or any network connected to the properties, or violate any security or authentication measures on Provider Services or any network connected to Provider Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Provider Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Provider Services or Provider, or the infrastructure of any systems or networks connected to Provider services; (vi) use any devices, software or routine programs to interfere with the normal operation of Provider Services or any transactions on Provider Services, or any other person’s use of Provider Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Provider, or (viii) use Provider Services in an illegal way.

By accessing Provider Services, you agree that Provider has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
    1. Blocking and closing order requests;
    2. Freezing your account;
    3. Reporting the incident to the authorities;
    4. Publishing the alleged violations and actions that have been taken;
    5. Deleting any information you published that are found to be violations.


F. Liabilities

1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDER SERVICES, PROVIDER MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF PROVIDER ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PROVIDER EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SITE, PROVIDER SERVICES OR PROVIDER MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF PROVIDER SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY PROVIDER AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY PROVIDER; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY PROVIDER.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

2. Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF PROVIDER SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF PROVIDER SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF PROVIDER AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF PROVIDER’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF PROVIDER, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF PROVIDER AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF PROVIDER SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO PROVIDER UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

3. Indemnification

You agree to indemnify and hold harmless Provider, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Provider Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Provider Services. If you are obligated to indemnify Provider Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Provider will have the right, in its sole discretion, to control any action or proceeding and to determine whether Provider wishes to settle, and if so, on what terms.

4. Announcements

Please be aware that all official announcements, news and promotions will be listed on https://www.trailingcrypto.com. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. PROVIDER WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.


G. Termination of Agreement

1. Suspension of Provider Accounts

You agree that Provider shall have the right to immediately suspend your Provider Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Provider for any reason including if Provider suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Provider shall not be liable to you for any permanent or temporary modification of your Provider Account, or suspension or termination of your access to all or any portion of Provider Services. Provider shall reserve the right to keep and use the transaction data or other information related to such Provider Accounts. The above account controls may also be applied in the following cases:
    1. The Provider Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
    2. We detect unusual activities in the Provider Account;
    3. We detect unauthorized access to the Provider Account;
    4. We are required to do so by a court order or command by a regulatory/government authority.

2. Cancellation of Provider Accounts

In case of any of the following events, Provider shall have the right to directly terminate these Terms by cancelling your Provider Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Provider Account on Provider and withdraw the corresponding Provider Account thereof:
    1. after Provider terminates services to you;
    2. you allegedly register or register in any other person’s name as a Provider User again, directly or indirectly;
    3. the information that you have provided is untruthful, inaccurate, outdated or incomplete;
    4. when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Provider Account or by other means;
    5. you request that Provider Services be terminated; and
    6. any other circumstances where Provider deems it should terminate Provider Services.
Should your Provider Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Provider shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Provider is informed that any Digital Assets or funds held in your Provider Account are stolen or otherwise are not lawfully possessed by you, Provider may, but has no obligation to, place an administrative hold on the affected funds and your Provider Account. If Provider does lay down an administrative hold on some or all of your funds or Provider Account, Provider may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Provider has been provided to Provider in a form acceptable to Provider. Provider will not involve itself in any such dispute or the resolution of the dispute. You agree that Provider will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

3. Compliance with Local Laws

It is Users’ responsibility to abide by local laws in relation to the legal usage of Provider Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF PROVIDER SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT PROVIDER WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Provider maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

4. Law and Jurisdiction

The parties agree the laws of the State of Wisconsin, excluding conflict of laws provisions, will govern this Agreement and all matters arising out of or related to this Agreement. The parties submit to the jurisdiction of the courts of the State of Wisconsin. The parties expressly agree to venue in the state and federal courts located in Wisconsin and waive any objection based on personal jurisdiction.

5. Assignment

Neither party may assign this Agreement without prior written consent unless in connection with a merger or acquisition of either party.

6. Severability

If any provision of this Agreement (or any portion thereof) shall be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

7. Notice

The parties may give notice to each other via email, fax or certified mail. Notices sent to Provider should be directed to [email protected] Notices sent to Customer will be sent to Customer at the email address provided during registration to use the Web Services.