Terms and Conditions | TraderBot Marketplace
I know, I know! Terms and conditions are a bore but we all must be on the same page so here you go. The following are the terms and conditions every user, client, or member must abide by, in order to participate with Traderbotmarketplace.com, joaquintrading.com, and any and all TraderBot Marketplace subsidiaries, websites, and associated businesses. ————————————————————————————————————————————————
US Government / CFTC Rules – Disclaimer – For any auto trader, algo trading program, any trading software, any videos, any written or verbal communication of any kind, any and all products, services, or endorsements on traderbotmarketplace.com, joaquintrading.com, and any and all associated websites, be aware of the following: Any income claims are typical of top performers not all users and your results will vary.
These results are as reported in testimonials from members using the traderbotmarketplace.com site or any associated site. U.S. Government Required Disclaimer – Trading foreign exchange, stocks, options, binary options, futures, and any and all trading vehicle on margin carries a high level of risk, and may not be suitable for all investors.
The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.
The purchase, sale or advice regarding a currency or any other trading instrument can only be performed by a licensed Broker/Dealer. Neither TraderBot Marketplace, nor any affiliates or associates involved in the in the production and maintenance of these products or this site, is a registered Broker/Dealer or Investment Advisor in any State or Federally-sanctioned jurisdiction. All purchasers of products referenced at this site are encouraged to consult with a licensed representative of their choice regarding any particular trade or trading strategy.
No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. Clearly understand this: Information contained in this site, or any associated site, is not an invitation to trade any specific investments. Trading requires risking money in pursuit of future gain. That is your decision. Do not risk any money you cannot afford to lose. This does not take into account your own individual financial and personal circumstances.
It is intended for educational purposes only and NOT as individual investment advice. Do not act on this without advice from your investment professional, who will verify what is suitable for your particular needs & circumstances. Failure to seek detailed professional personally tailored advice prior to acting could lead to you acting contrary to your own best interests & could lead to losses of capital. CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. ——————————————————————————————————————————————————
The following Terms & Conditions shall apply to the relationship between TraderBot Marketplace (“Tbot”), joaquintrading.com, or any and all associated website, and the end user (“You” or “Your”). By using tbot services, You accept these Terms & Conditions, as well as the manner in which Tbot operates. These Terms & Conditions constitute the entire agreement between Tbot and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Tbot with respect of Your use of Tbot. Information on TraderBot Marketplace are only recommendations and are not intended as rules or guidelines.
TraderBot Marketplace is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. As is typical with penny auctions and auctions, TraderBot Marketplace cannot guarantee that You will be the winner of any individual auction (also known as zoom) or that the final price in any auction will be a tremendous discount. Sometimes bidding can be very competitive, and the competition tends to grow as the products become more valuable or sought after. If you have any questions, concerns, or comments about our Terms & Conditions, please use our support tickets or email us at help@TraderBot Marketplace.com. Acceptance of Terms & Conditions If You do not agree to the Terms & Conditions, do not use TraderBot Marketplace. If You access, use, or download in any way any service from TraderBot Marketplace, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the tutorials regarding the use of TraderBot Marketplace. You have either reviewed the tutorials or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of TraderBot Marketplace by support ticket or email and to have those questions answered.
Changes to Terms & Conditions TraderBot Marketplace may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that TraderBot Marketplace may or may not provide You notice of such changes in any of the following ways: via an email from TraderBot Marketplace, via an RSS feed, via TraderBot Marketplace’ blog, and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using TraderBot Marketplace’ services.
By continuing to access, use, or download in any way any service from TraderBot Marketplace following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised. Eligibility By accepting the Terms & Conditions and/or registering with TraderBot Marketplace, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a “Jurisdiction”) of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using TraderBot Marketplace, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. TraderBot Marketplace employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as TraderBot Marketplace employees may not under any circumstances participate in TraderBot Marketplace auctions.
TraderBot Marketplace products and services are offered exclusively to private users and not to commercial or semi-commercial retailers. TraderBot Marketplace reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. TraderBot Marketplace limits the number of user accounts per natural person to one (exceptions may apply – contact customer support with any questions at support@TraderBot Marketplace.com). You may not participate in collusion with other users.
TraderBot Marketplace reserves the right to permanently close the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be entitled to refunds for Your purchases on TraderBot Marketplace. Registering You may register only once with TraderBot Marketplace, You agree not to have more than one account. You must not provide misleading information when registering.
You may not collude to exchange information with other TraderBot Marketplace users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other TraderBot Marketplace users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. If TraderBot Marketplace receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in TraderBot Marketplace’ sole discretion, Your user account may be frozen until You change the username. TraderBot Marketplace also may permanently close Your account without prior notice to You for violating these Terms & Conditions.
You are responsible for keeping Your user account password confidential. TraderBot Marketplace will never ask for Your password except during login. You should never provide Your password to anyone, including TraderBot Marketplace’ employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account. Account Termination TraderBot Marketplace reserves the right to temporarily or permanently terminate Your account at TraderBot Marketplace sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if TraderBot Marketplace, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, TraderBot Marketplace may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids. Zoom Bids are purchased in advance in the form of “Bid Packs.” TraderBot Marketplace reserves the right to offer different size Bid Packs at different times. Should You not honor a payment, You will be charged a returned payment fee. TraderBot Marketplace reserves the right to block access to a user’s account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received. From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven days. Once a bid is placed in an auction, it is deducted from the user’s bid account and can no longer be refunded, irrespective of whether or not the bid is successful.
A zoom auction ends when the timer on the TraderBot Marketplace server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the TraderBot Marketplace server(s) hit zero. Bids are a limited license to participate in TraderBot Marketplace zoom auctions and have no monetary value. You may not obtain any money in exchange for Bids. Bids are non-refundable. If You ever believe that Your account does not reflect Bids that You have acquired validly, You must notify us within six days of the date You claim to have acquired the Bids. If You did not win an auction, You may still purchase the item at our Value Price using the Buy Now feature. TraderBot Marketplace attempts to limit some auctions to users of comparable skill, as determined by TraderBot Marketplace, to enhance user experience and maintain a viable business model. In so doing, TraderBot Marketplace may limit which auctions are available to particular users based on any factors deemed appropriate by TraderBot Marketplace in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity, and other factors. In particular, TraderBot Marketplace may limit certain auctions to less experienced or successful users in any manner TraderBot Marketplace deems appropriate to optimize the overall user experience of all TraderBot Marketplace users.
You acknowledge that You may be, and You consent to being, excluded from auctions at TraderBot Marketplace discretion. TraderBot Marketplace may allow users in multiple countries to participate in a single auction. TraderBot Marketplace offers these auctions through a group of affiliates located in each country in which TraderBot Marketplace operates. By participating in these auctions, You agree that you are participating in them solely through the TraderBot Marketplace affiliate located in Your country. Although users participating in auctions are participating in a single auction, the actual item offered and bid upon, and the price at which such item is offered and bid upon, may vary based on the country in which the user is located.
TraderBot Marketplace reserves the right to, from time to time, in its sole discretion, change the price of bids. TraderBot Marketplace may in its sole discretion offer select products for direct purchase through the TraderBot Marketplace Zoom or TraderBot Assistant Store. TraderBot Marketplace reserves the right in its sole discretion to limit the number of products per user that may be purchased through the Store. Products offered through the Store are brand-new, unless specifically stated. Odds of Winning Auctions Every zoom auction is unique and the results of all auctions offered on TraderBot Marketplace depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable. Acceptance of the Win / Payment After an auction has ended, You must actively confirm and pay the total price for the won auction. Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within three (3) days of the auction end date, TraderBot Marketplace may withdraw the offer to conclude the order and permanently revoke the winner’s right to pay for and receive delivery of an item. If TraderBot Marketplace does this, all bids placed in that zoom auction will be deemed expired and will be non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price has been paid to TraderBot Marketplace. An invoice containing the auction price and shipping costs will be sent to You by TraderBot Marketplace once delivery has been arranged. With respect to items sold by TraderBot Marketplace, we cannot confirm the price of an item until You order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by TraderBot Marketplace is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify You of such cancellation. Other merchants may follow different policies in the event of a mispriced item. You may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content You post. TraderBot Marketplace reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. TraderBot Marketplace also reserves the right to prohibit You from posting additional comments. If You do post content, and unless we indicate otherwise, You grant TraderBot Marketplace a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TraderBot Marketplace and its affiliates the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify TraderBot Marketplace for all claims resulting from content You supply. TraderBot Marketplace has the right but not the obligation to monitor and edit or remove any activity or content. TraderBot Marketplace takes no responsibility and assumes no liability for any content posted by a user. Returns, exchanges and refunds are at the sole discression of each person you are doing business with. There is no guarantee of any return, exchange or refund on any products sold or displayed on any TraderBot Markaetplace site with an exception of the following: Should TraderBot Marketplace not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by TraderBot Marketplace in its sole discretion, or receive a refund of the transaction amount paid (including shipping costs, if any). Any bids or payment used in that specific auction will also be credited back to your account. You agree that use of TraderBot Marketplace is at Your sole risk. Neither TraderBot Marketplace nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by TraderBot Marketplace, or the like, warrant that websites affiliated with TraderBot Marketplace, including, but not limited to, TraderBot Marketplace and traderbotzoom.com, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on TraderBot Marketplace may contain inaccuracies or typographical errors. TraderBot Marketplace makes no warranty as to the results that may be obtained from the use of TraderBot Marketplace or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through TraderBot Marketplace. TraderBot Marketplace shall not be responsible for any opinions, views, advice, or statements posted on TraderBot Marketplace (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized TraderBot Marketplace spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized TraderBot Marketplace spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification. YOUR — USE OF TraderBot Marketplace IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY TraderBot Marketplace ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TraderBot Marketplace DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TraderBot Marketplace MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TraderBot Marketplace, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM — USE OF TraderBot Marketplace, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, TraderBot Marketplace DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TraderBot Marketplace WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE — USE OF OR INABILITY TO — USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM TraderBot Marketplace OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIR– USES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT TraderBot Marketplace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. — USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH TraderBot Marketplace. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, — USE OR MIS– USE OF OR RELIANCE ON TraderBot Marketplace SERVICES OR ITEMS PURCHASED THROUGH TraderBot Marketplace, FROM INABILITY TO — USE TraderBot Marketplace’ SERVICES OR ITEMS PURCHASED THROUGH TraderBot Marketplace, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TraderBot Marketplace’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If You are dissatisfied with any portion of TraderBot Marketplace, You should discontinue Your use of TraderBot Marketplace. Disclaimer of Warranty and Liability Regarding Purchases from TraderBot Marketplace TraderBot Marketplace MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY TraderBot Marketplace OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT TraderBot Marketplace SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE — USE, IMPROPER HANDLING, MODIFICATION, OR MIS– USE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY TraderBot Marketplace. IN NO EVENT SHALL TraderBot Marketplace BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF— USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE. Indemnity You agree to indemnify, defend, and hold TraderBot Marketplace and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of TraderBot Marketplace or any of the services offered by TraderBot Marketplace, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You. By agreeing to these Terms & Conditions, You and TraderBot Marketplace each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of TraderBot Marketplace, including Your use prior to agreeing to these Terms & Conditions, or to any products sold by TraderBot Marketplace will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. You agree that any and all claims, disputes, and causes of action between You and TraderBot Marketplace, including those relating to Your use of the TraderBot Marketplace website or these Terms & Conditions (each a “Dispute” and collectively, “Disputes”), shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with TraderBot Marketplace regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the “Notice of Dispute”) to TraderBot Marketplace in a manner specified in the “Notices” section below. If TraderBot Marketplace and You do not reach an agreement regarding a Dispute within 30 days following TraderBot Marketplace’ receipt of the Notice of Dispute, TraderBot Marketplace and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA rules”). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal. During the arbitration, the amount of any settlement offer made by TraderBot Marketplace or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or TraderBot Marketplace is entitled. TraderBot Marketplace will pay the arbitration filing fee for Disputes involving less than $1,000, unless the arbitrator determines the claims are frivolous. If the arbitrator finds that Your claim is frivolous or brought for an improper purpose then the payment of all fees will be governed by the AAA rules. In such case, You agree to reimburse TraderBot Marketplace for all monies previously disbursed by TraderBot Marketplace that are otherwise Your obligation to pay under the AAA rules. In addition, if You initiate an arbitration in which you seek more than $1,000 in damages, the payment of these fees will be governed by the AAA rules. For claims totaling less than $10,000, You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Unless TraderBot Marketplace and You agree otherwise, any arbitration hearings will take place in the county where you live. Except as otherwise provided for herein, TraderBot Marketplace will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. This Terms & Conditions Agreement and Your use of TraderBot Marketplace shall be governed by the laws of the United States of America and the State of Oklahoma. Without in any way limiting the “Dispute Resolution” requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Oklahoma. You agree to accept the jurisdiction of such courts. TraderBot Marketplace will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible. The protection of Your data is very important to us. TraderBot Marketplace, nor any associated website will share any personal details with a third party without your consent. Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites. Any waiver of any provision by TraderBot Marketplace of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by TraderBot Marketplace. Placing bids online at www.traderbotzoom.com frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly. TraderBot Marketplace provides free and paid classified ad service. Our service has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by our Terms of Participation. By using our classified ad service, known as TraderBot Assistant you are accepting these Terms. Buying and selling through TraderBot Marketplace is available only to individuals who can form legally binding contracts under applicable law. This excludes all minors (persons who have not reached their eighteenth birthday). In addition, minors may not place or respond to a personal advertisement. TraderBot Marketplace reserves the right to modify the Terms of Participation at any time and without prior notice. We may change or end our or Your use of our service at any time. TraderBot Marketplace is not involved in any transaction between any party who uses our classifieds. There are risks which You assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You. We are a venue only. We screen the advertisements but can not always catch the scams and dishonest people placing the ads. TraderBot Marketplace cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of the TraderBot Marketplace classified ads service will complete the transactions they describe on our TraderBot Assistant area. IT IS EXTREMELY IMPORTANT THAT YOU — USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! If there is a dispute between participants on this site, TraderBot Marketplace is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, TraderBot Marketplace, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. The TraderBot Marketplace classified ads service (TraderBot Assistant) may be used only for lawful purposes. The violation of any applicable local, state, federal or foreign law or regulation is prohibited. TraderBot Marketplace prohibits the transmission, distribution or posting of unwanted or offensive content. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a “bait & switch” of products, advertisements listed in the incorrect category, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another e-mail address other than Your own, any posting with the goal of harassment of another, sexual requests, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited e-mail or advertisements. Further, TraderBot Marketplace prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, and User account numbers/ passwords or similar financial information. Even though all of this is strictly prohibited, there is a chance that You might become exposed to such items and You further waive Your right to any damages (from TraderBot Marketplace) related to such exposure. TraderBot Marketplace prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants) Alcoholic beverages (except if You are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is) Cigarettes or any other tobacco product for human consumption Pharmaceuticals or any other controlled substance Dangerous, counterfeit or stolen goods Any good that infringes or violates anyone’s rights Any item which in TraderBot Marketplace’ sole discretion is inflammatory, offensive or otherwise inconsistent with TraderBot Marketplace standards of business ethics. Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive. TraderBot Marketplace strongly opposes SPAM, which floods the Internet with unwanted and unsolicited e-mail. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. If you are caught delivering SPAM, your account may be deleted, without notice and without any refund of any kind. If TraderBot Marketplace, in its sole discretion, determines that a violation of the Terms of Participation has occurred, TraderBot Marketplace may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site and deletion of any user account for violating these terms, without notice and without any refunds of any kind. TraderBot Marketplace could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. TraderBot Marketplace will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it’s rights. Such cooperation may be without notice to You. If TraderBot Marketplace believes in its sole discretion that any ad may create liability for TraderBot Marketplace, TraderBot Marketplace may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability. In sum, TraderBot Marketplace reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice. Users of Traderbot Marketplace and any associated websites such as traderbotzoom.com understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the TraderBot Marketplace service. We may also, in our sole discretion, add or delete fees associated with the Service. We may or may not notify users of any fee changes. DISCLAIMER OF WARRANTIES. YOU AGREE THAT — USE OF THE SERVICE IS AT — USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND ON AN AS AVAILABLE BASIS. TraderBot Marketplace EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TraderBot Marketplace MAKES NO WARRANTY THAT THE SERVICE WILL MEET — USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TraderBot Marketplace MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE — USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. — USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT — USER’S OWN DISCRETION AND RISK AND THAT — USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY — USER FROM TraderBot Marketplace OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY. LIMITATION OF LIABILITY. — USER AGREES THAT TraderBot Marketplace SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE — USE OR THE INABILITY TO — USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, — USE, DATA OR OTHER INTANGIBLE, EVEN IF TraderBot Marketplace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. — USER FURTHER AGREES THAT TraderBot Marketplace SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. — USER AGREES THAT TraderBot Marketplace SHALL NOT BE RESPONSIBLE OR LIABLE TO — USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall TraderBot Marketplace be liable to You for any damages, losses, and causes of action arising out of your use of the TraderBot Marketplace classified ads service, also known as TraderBot Assistant. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You give TraderBot Marketplace a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by You, (the User) to TraderBot Marketplace The User Data shall be deemed to be the property of TraderBot Marketplace. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service. Others’ Information. You agree not to make use of anyone else’s Information other than as necessary to participate in the TraderBot Marketplace classified ads and to promptly complete any TraderBot Marketplace classified ads transactions in which You are involved. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between TraderBot Marketplace and any User of the Service. Notice. Any notice to You or to us shall be made by either our support forum or e-mail. We may also give notice of changes to these Terms of Participation or other matters related to the TraderBot Marketplace classified ads by displaying notices to Users on the Service. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. These Terms of Participation and the relationship between User and TraderBot Marketplace shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and TraderBot Marketplace agree to submit to the personal and exclusive jurisdiction of the courts located within the county of TraderBot Marketplace’s owner(s) residence. The failure of TraderBot Marketplace to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one month after such claim or cause of action arose or be forever barred. TraderBot Marketplace can not control any fees charged by any third party bank or money broker such as paypal.com nor can we refund any portion of any transaction fee by any third party. By agreeing to these terms and conditions, you also agree to paypal.com user agreements which can be found at https://www.paypal.com/webapps/mpp/ua/useragreement-full Any user who misrepresents themselves, in any way, may be banned from ever using traderbotmarketplace.com or traderbotzoom.com or any associated website forever and may have their entire accounts deleted without notice and without refunds of any type. This can be, but is not limited to, scams. If you are caught in a scam, we will also pursue legal action against the user who is performing scam activities. We may, at any time and without notice, use the users name or identity on any social media or website to show others about the scam to attempt to warn unsuspecting people. No advertising of your services in any way shall be made without purchasing an ad in our TraderBot Assistant area or TraderBot Verified Business Directory or without written communication from TraderBot Marketplace. If you post an advertisement, we may delete your entire account without notice and without refunds. Please help us keep the TraderBot Marketplace site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the TraderBot Marketplace terms of participation, please contact TraderBot Marketplace on our support forum or at help@traderbotmarketplace.com