TERMS OF USE & CONDITIONS OF SALE

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://www.monetaritrading.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by MonetariTrading  (“MonetariTrading,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Website, including all information, tools, products, offers and services (the “Services”) available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

Overview

Table of Contents

 

TERMS OF USE AND CONDITIONS OF SALE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

MonetariTrading’s Privacy Policy may be viewed here. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any Services in any unlawful manner.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

MonetariTrading does not provide personalized investment advice or execute trades on your behalf.  Neither the Website nor any ofMonetariTrading’s Services are intended to provide tax, legal, insurance, or investment advice.  None of the content provided on the Website or through any of MonetariTrading’s Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by MonetariTrading or any third party.  You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.  You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any of the content published on the Website may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.  You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Website will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Website are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, our Website may reference prior articles and opinions that we have published.  These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current.  As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons.  In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data

Stocks and options trading has large potential rewards, but also large potential risk.  You must be aware of the risks and be willing to accept them in order to invest in the stocks and options markets.  Don’t trade with money you can’t afford to lose.  MonetariTrading does not represent that any account will or is likely to achieve profits or losses similar to those discussed on the Website.  The past performance of any trading system or methodology is not necessarily indicative of future results.  All trades, patterns, charts, systems, etc., discussed on the Website are for illustrative purposes only and not to be construed as specific advisory recommendations.  Information contained on the Website is intended for informational and educational purposes only.

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.  Certain Services may be available exclusively online through the Website.  

All descriptions of Services pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any Services made on this Website is void where prohibited.

In order to access some of the Services of the Website, you will be required to create an account. By creating this account, you agree to the following:

MonetariTrading has the right, in its sole discretion, to cancel your Services or suspend your access to the Website.

Some of MonetariTrading’s Services are provided on a subscription basis.  If you purchase a subscription, the subscription will automatically renew at the then-current rate for the subscribed product or service, until you notify us of your decision to terminate your subscription.  The most common renewal terms are one (1), three (3), and twelve (12) month periods as identified on your itemized receipt. Prior to billing you for the renewal term, MonetariTrading will e-mail the address that you have on file for your account about the length and price of the renewal term.

By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the credit card or payment account that you have on file. You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) or payment account you have on file. If you have more than one card on file, the first card will be used. If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card.

You may cancel your subscription(s) at any time. To cancel your membership, please contact us by e-mail ([email protected]). You may also cancel through the Self-Service portal on our Site.  Cancellation will take effect no later than 3 business days after we receive your notification.

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny anyone’s order for any reason.  In the event we deny your order, you will receive a refund to your original form of payment.  You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any Service.  We reserve the right to require additional information before processing any order.

MonetariTrading wants you to be beyond satisfied with your experience with us and customer satisfaction is our top priority. Our “Premium” Services (and other offers made periodically) have different refund policies, including certain Services for which there are no refunds.  Please review the specific terms for each particular Service or offer prior to subscribing to our purchasing that Service.  We encourage you to contact our customer service department if you have any questions regarding whether you may receive a refund for a particular Service by e-mail ([email protected]).

 

Some of MonetariTrading’s “Premium” Services are offered through third-party vendors. If you opt for Services provided by third-party vendors, you agree to be subject to their terms and conditions, including any refund policies they offer. MonetariTrading acts as a facilitator in connecting you with these vendors, and you agree that MonetariTrading has no responsibility with regard to any third party vendor’s refund processes. You agree to review the refund policy of the specific third-party provided Service you are interested in before making any purchase or commitment. In case of any issues or concerns regarding refunds for third-party provided Services, we are here to assist you in resolving the matter to the best of our abilities. However, you understand and agree that our involvement might be limited, as the ultimate decision of whether to issue a refund lies with the third-party vendor. 

 

For “Premium” Services eligible for a refund offered directly from MonetariTrading, such refunds are only available to first-time subscribers. If you subscribe to a Service with refund eligibility, and you choose to cancel your subscription and are deemed eligible to receive a refund, you will not be entitled to a subsequent refund should you choose to re-subscribe to that particular Service.

 

If within sixty (60) days of enrolling for six (6) month and twelve (12) month Services, or within twenty-seven (27) days for one (1) month Services, you are not satisfied with your experience for any reason, we offer a full refund less applicable payment processing fees upon proper request and approval for Services eligible for refunds. To request a refund, please contact us by e-mail ([email protected]).In order to better understand your experience and efficiently process your refund, we would like to schedule a brief call with you. Your insights are crucial to improving our offerings, and we want to ensure your concerns are addressed promptly. Please include the reason for the refund request. Our customer service team will review your request and process the refund if it is approved. Refunds are to be issued to original payment method only.

 

MonetariTrading does not cover any losses you may incur as a result of your trading practices. MonetariTrading possesses no knowledge regarding the amount of money you invest or your risk tolerance. The money you spend to access and use the MonetariTrading community cannot be refunded. MonetariTrading has no responsibility for the money you make or lose as a result of any financial or investing decisions you make at your own discretion. You are solely responsible for understanding and appreciating the inherent risks associated with trading before using MonetariTrading Services or accessing our community. The advertised refund of 10k is exclusive to Accelerator members. You qualify for this refund upon successfully completing our 12-week program, employing appropriate risk management, and refrained from outperforming your previous trading performance. 

All charges are in U.S. Dollars.  By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information.  If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of MonetariTrading, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website.  All notices should be addressed to the following contact person:

Notification of Claimed Infringement:

MonetariTrading

Attn:  DMCA/Copyright Agent

P.O. Box 821222

Vancouver, WA 98682-5505

Email: [email protected]    

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL MONETARITRADING OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, REGARDLESS OF WHETHER MONETARITRADING HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, MONETARITRADING IS FOUND LIABLE UNDER ANY THEORY, MONETARITRADING’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.  THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER MONETARITRADING WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY.  IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MONETARITRADING ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.  THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.  YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL.  YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

Arbitration is a manner of resolving a “Claim” without filing a lawsuit.  “Claim” means any dispute between you, MonetariTrading, or any involved third-party relating to your account, your use of the Website, Services, your relationship with MonetariTrading, these Terms, or the Privacy Policy.  This includes any and all claims that relate in any way to your use or attempted use of the Services, and any act or omission by MonetariTrading or any third-party related to your use or attempted use of the Services, and any communications from MonetariTrading or any third party on MonetariTrading’s behalf.  You, MonetariTrading, or any involved third-party may pursue a Claim. MonetariTrading agrees to final and binding confidential arbitration should it have any Claims against you.  Likewise, you agree to final and binding confidential arbitration should you have any Claims against MonetariTrading.  By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration.  You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer.  This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Washington on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and MonetariTrading both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. MonetariTrading will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.

The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in  Washington: (i) an action by MonetariTrading relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by MonetariTrading for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement.  You expressly agree to refrain from bringing or joining any claims that are excludedfrom final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.  Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties.  For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of Washington, and forever waive any challenge to said courts’ jurisdiction and venue.

Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution.  You may send the written description of any dispute you have with us by certified mail to MonetariTrading, Attn: Legal Department, P.O. Box 821222, Vancouver, WA 98682-5505. MonetariTrading will contact you by letter at the billing address you provided to us or at the email address you provided to us.  You agree to negotiate with MonetariTrading or its designated representative in good faith about your problem or dispute.  If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.  

You and MonetariTrading agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.

If the amount in controversy is $500 or less, then the arbitration may be conducted by written submissions.  Otherwise, the arbitration shall be conducted in the State of Washington unless MonetariTrading otherwise agrees to arbitrate in another forum requested by you.

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”).  Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above.  The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879.  The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision.  The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable.  The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or MonetariTrading.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

The arbitrator shall follow the substantive law of the State of Washington without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This provision survives termination of your account or relationship with MonetariTrading, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above.  This provision is the entire arbitration agreement between you and MonetariTrading and shall not be modified except in writing by MonetariTrading.

 MonetariTrading reserves the right to amend this arbitration provision at any time.  Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of a MonetariTrading Service, constitutes your consent to such changes.

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.  YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT MONETARITRADING, ATTN:  LEGAL DEPARTMENT, P.O. BOX 821222, VANCOUVER, WA 98682-5505.  FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE                                       SERVICE.  IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless MonetariTrading, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

Our Website may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.  You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us.  MonetariTrading does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed on this Website. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.

 MonetariTrading reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. MonetariTrading shall be under no obligation to use any, or any part of, any testimonial or review submitted.

 You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

You may not assign any of your rights under these Terms, and any such attempt will be null and void. MonetariTrading and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of MonetariTrading’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

No waiver by MonetariTrading of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by MonetariTrading to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

In the event that we terminate this Agreement, Sections 1-26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and MonetariTrading, and supersedes and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construedagainst the drafting party.

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:

 

MonetariTrading

P.O. Box 821222

Vancouver, WA 98682-5505

Email: [email protected]