These Terms of Use ("Terms") constitute a legally binding contract between you, whether personally or on behalf of an entity ("you"), and Digiproduct OÜ ("Company," "we," "us," or "our"), regarding your access to and use of the website located at [https://www.tradeleon.com], along with any other media form, media channel, mobile website, mobile application, or social media accounts related, linked, or connected thereto (collectively, the "Sites"). By accessing the Sites, you affirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, located at [https://www.tradeleon.com/privacy], which are incorporated herein by reference. The Sites are hosted within the United States (US). If you access the Sites from any other region of the world with laws governing data collection, use, or disclosure that differ from US laws, your continued use of the Sites indicates your agreement to transfer your data to the US and to have it processed in compliance with US and EU regulations. If you do not agree with these Terms, you are expressly prohibited from using the Sites and must discontinue use immediately.
You also agree to adhere to the terms and conditions, privacy policies, and other rules of any social media platforms where the Company’s Social Media Sites are hosted.
**Supplemental Terms and Changes**
Additional terms and conditions or documents that may be posted on the Sites from time to time are expressly incorporated herein by reference. We reserve the right to modify these Terms at any time and for any reason. We will notify you of any changes by updating the 'Last Updated' date of these Terms. It is your responsibility to review these Terms periodically to stay informed of updates. By continuing to use the Sites after such revised Terms are posted, you accept the revised Terms.
**Eligibility**
The Sites are available to users who are 18 years of age or older. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Those who access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
**Intellectual Property Rights**
The Sites and their entire contents, features, and functionality (including but not limited to all information, software, source code, databases, text, images, videos, audio, and design) are owned by the Company, its licensors, or other providers and are protected by EU and international laws. No right, title, or interest in or to the Sites or any Content on the Sites is transferred to you. We reserve all rights not expressly granted to you in and to the Sites and the Content.
**Limited License**
These Terms permit you a limited license to access and use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the Content on our Sites, except as follows:
- Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
**Copyrights and Copyright Agent**
The Company respects the intellectual property rights of others. Notifications of claimed copyright infringement on any of the Sites should be sent to the Company’s designated agent. If you believe that your Contributions or other materials have been used in a way that may constitute copyright infringement, you should promptly furnish the following information by written notice to the Company’s designated agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the location on the Sites where the material that you claim is infringing is located;
- Your name, address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:
Copyright Agent
Digiproduct OÜ
support@tradeleon.com
Failure to comply with all of the requirements may render your notification ineffective.
**User Representations**
By using the Sites, you represent and warrant that:
1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
3. You have the legal capacity to comply with these Terms.
4. You are not a minor in the jurisdiction in which you reside.
5. You will not access the Sites through automated or non-human means, whether through a bot, script, or otherwise.
6. You will not use the Sites for any illegal or unauthorized purpose.
7. Your use of the Sites will not violate any applicable law, statute, or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Sites (or any portion thereof).
**User Registrations**
You may be required to register an account to access some portions of the Sites. You agree to keep your account password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change an account username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.
**Purchases and Payments**
All products on the Sites are subject to availability. We reserve the right to discontinue any products at any time for any reason. All prices are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will apply only to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling.
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account (your "Billing Account") for use of certain Content on the Sites. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By making any purchase through the Sites, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method").
**Refund and Cancellation Policy**
All sales on the Sites are final. We will not issue any refunds in connection with the Sites. By subscribing, you acknowledge that refunds are not permitted and will not be given. You may cancel your subscription at any time and access the group for the remainder of your subscription period. Subscription renewal is automatic and will be processed each month for monthly subscribers or annually for annual subscriptions.
**Prohibited Activities**
You may not access or use the Sites for any purpose other than that for which we make the Sites available. You agree not to:
- Systematically retrieve data or other Content from the Sites to create a collection, compilation, database, or directory without written permission from us.
- Use the Sites in any way that violates any applicable law.
- Make unauthorized use of the Sites, including collecting usernames and email addresses for sending unsolicited email or creating user accounts under false pretenses.
- Use a buying agent to make purchases on the Sites.
- Circumvent, disable, or interfere with security-related features of the Sites.
- Frame, mirror, or deep link any portion of the Sites on any other website.
- Trick, defraud, or mislead us and other users.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the Sites or any Content thereon.
- Interfere with or disrupt the Sites or the networks connected to the Sites.
- Impersonate another user or person or use another user's username.
- Use any information obtained from the Sites to harass, abuse, or harm another person.
- Use the Sites as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites.
- Bypass any measures of the Sites designed to prevent or restrict access to the Sites.
- Harass, annoy, intimidate, or threaten any of our employees or agents.
- Upload or transmit viruses, Trojan horses, or other harmful material.
- Upload or transmit material that acts as a passive or active information collection or transmission mechanism.
Res-distrubute content
**User Contributions**
The Sites may contain message boards, chat features, personal web pages or profiles, forums, and other interactive features that allow users to post, submit, publish, display, or transmit information or materials to the Company, other users, or other persons (collectively, "Contributions"). All Contributions must
comply with the standards set out in these Terms. Contributions will be treated in accordance with the Privacy Policy. Any Contributions will be considered non-confidential and non-proprietary. By providing any Contributions on the Sites, you grant us and our affiliates a fully-paid, non-exclusive, royalty-free, worldwide, perpetual, sublicensable, and transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Contributions.
**Third-Party Websites and Content**
The Sites may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, music, videos, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the Sites. Your use of any Third-Party Websites and/or Third-Party Content is at your own risk and is subject to any applicable third-party terms and/or policies.
**Sites Management**
We reserve the right to monitor the Sites for violations of these Terms, take appropriate legal action against anyone who violates the law or these Terms, and manage the Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites. We may, in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof, without notice or liability.
**Term and Termination**
Your right to access and use the Sites is licensed to you by the Company and is subject to all of the terms and conditions of these Terms, the Privacy Policy, and applicable laws. We reserve the right to deny access to and use of the Sites to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or the Privacy Policy. We may terminate your use or participation in the Sites or delete your account at any time, without warning, in our sole discretion.
**Modifications and Interruptions**
We reserve the right to change, modify, or remove the Sites’ Content at any time or for any reason at our sole discretion without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites. We cannot guarantee the Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites during any downtime or discontinuance of the Sites.
**Governing Law and Dispute Resolution**
The Sites are controlled and operated by the Company from within the European Union. These Terms and the Privacy Policy shall each be governed by and construed in accordance with the laws of the European Union. We may limit the Sites’ availability to any person, geographic area, or jurisdiction.
**Disclaimer**
The Sites are provided on an "as-is" and "as-available" basis. Your use of the Sites is at your sole risk. We disclaim all warranties, express or implied, in connection with the Sites and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
**Limitation of Liability**
To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, members, owners, suppliers, service providers, employees, agents, officers, directors, successors, or assigns be liable to you or to any third party for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Sites, any websites linked to them, any Content on the Sites, or other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, death, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
**Notices, Communications, and Electronic Signatures**
You agree to be bound by any affirmation, assent, or agreement that you transmit on or through the Sites that you access by computer or other electronic device, including internet, telephonic, and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on a “Submit” or “I agree” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Visiting the Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or on the Sites satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
**Indemnification**
You agree to defend, indemnify, and hold harmless the Company, its affiliates, or their licensors, members, owners, suppliers, service providers, employees, agents, officers, directors, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your actual or alleged violation of these Terms or the Privacy Policy; (b) your use of or activities in connection with the Sites, including but not limited to spot or future trades; (c) your Contributions, including without limitation any claims of intellectual property infringement; (d) any use of the Sites’ Content other than as expressly authorized in these Terms, (e) your use of any Content obtained from the Sites, or (f) your violation of the rights of any third party, including but not limited to any intellectual property rights. The Company reserves the right to assume, at your sole expense, the exclusive defense and control of any matter that is subject to indemnification by you hereunder. In such event, you agree to cooperate fully at your sole expense with the Company in asserting, prosecuting, or alleging any and all available defenses, counterclaims, cross-claims, and any and all other pleadings, allegations, or evidence and in all other respects at the Company’s written request at any time. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
**Miscellaneous**
These Terms, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites, constitute the entire agreement between you and the Company with respect to the matters herein and therein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (whether written, oral or electronic) between the Company and you. No action or inaction by the Company shall be construed as a waiver of these Terms, the Privacy Policy, or other terms or conditions posted on any of the Company’s Sites. No waiver by the Company of any term or condition in these Terms, the Privacy Policy, or any other terms or conditions posted on any of the Company’s Sites shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. In order for any waiver of compliance with these Terms, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any of the provisions of these Terms, the Privacy Policy, or any other terms or conditions posted on any of the Company’s Sites are held to be invalid, unenforceable, or illegal, such provision shall be eliminated or limited to the minimum extent such that the validity, enforceability, and legality of the remaining provisions of these Terms, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites shall not be affected thereby and shall continue in full force and effect. The section and paragraph headings in these Terms and in the Privacy Policy are for convenience only and shall not affect their interpretation. The Company shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. We may assign any or all of our rights and obligations to others at any time. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites or the use of the Site. You agree that these Terms, the Privacy Policy, and any other terms or conditions
posted on any of the Company’s Sites will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites, and the lack of physical signing by the parties hereto to execute these Terms, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites.
**Contact Us**
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: support@tradeleon.com.
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