Terms of Use

Welcome to TradeBeam.com (the “Site”). This Site is owned and operated by TradeBeam Holdings, Inc. (“TradeBeam”). Your access to the Site and use of the services provided on the Site is governed by the terms and conditions of this Use Policy, which may be updated by TradeBeam from time to time. You can review the most current version of this Use Policy at any time on the TradeBeam Web site.

Please read the terms and conditions of this Use Policy carefully. By accessing the Site or using any of their services provided on the Site, you agree to be bound by the terms and conditions of this Use Policy, and your continued access of the Site and/or use of such services constitute your acceptance of any additional or different terms and conditions added to this Use Policy in the future. If you do not accept all of the terms and conditions of this Use Policy, you will not be registered for those services requiring payment of fees (“Customer Services”); however, your continued access to the Site and use of any non-Customer Services constitutes your acceptance of those terms and conditions of this Use Policy relating to such access and use.

1. DESCRIPTION OF SERVICE

TradeBeam offers business services and all of the services offered from time to time through the Site are collectively referred to as the “Services.” Access to the Customer Services is password restricted to users who register with TradeBeam, execute appropriate contracts and agreements with TradeBeam, and who have paid the applicable subscription fees to TradeBeam (“Customers”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new TradeBeam services or properties, shall be subject to this Use Policy. TradeBeam is under no obligation to update the Site, the Services or any information or data contained on the Site or used in connection with the Services. TradeBeam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice or liability to you or any third party.

2. YOUR REGISTRATION OBLIGATIONS

You agree to: (a) provide true, accurate, current and complete information about yourself and your company (as applicable) as prompted by the applicable registration form or contracts (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TradeBeam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TradeBeam has the right to suspend or terminate your account and refuse any and all current or future use of the Customer Services (or any portion thereof).

3. CUSTOMER ACCOUNT, PASSWORD AND SECURITY

Customers will receive a password and account designation upon completing the registration process, executing any contracts or agreements as required by TradeBeam, and subject to payment of the applicable fees in accordance with the terms and conditions of this Use Policy. You agree to (i) maintain the confidentiality of your password, (ii) take full responsibility for all activities that occur under your password or account, (iii) immediately notify TradeBeam of any unauthorized use of your password or account or any other breach of security, and (iv) ensure that you exit from your account at the end of each session. TradeBeam is not responsible for any loss or damage arising from your failure to comply with these requirements.

4. USER AND CUSTOMER CONDUCT

You, and not TradeBeam, are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, e-mails or other communications or materials (“Content”) that you post, store, transmit or receive by any method on the Site or through the use of the Services. You acknowledge that TradeBeam does not pre-screen Content posted on the Site and is not obligated or responsible to verify the accuracy or appropriateness of such Content. You also agree that TradeBeam may in its sole discretion refuse to post, store or transmit any Content submitted by you, or move, remove, edit or modify any Content on the Site as TradeBeam deems appropriate. You will not use the Site and/or the Services to:

  1. upload, post, e-mail or otherwise store or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity including, without limitation, any TradeBeam employee, agent, or affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload, post, e-mail or otherwise store or transmit any Content that you do not have a right to collect, use, store or transmit under any law or under any contractual or fiduciary relationships (including, without limitation, inside, proprietary and confidential information learned or disclosed as part of employment or fiduciary relationships or under nondisclosure agreements);
  4. upload, post, e-mail or otherwise store or transmit any Content that infringes any patent rights, trademark rights, trade secret rights, copyrights and all other intellectual and industrial property rights of any kind anywhere in the world of any third party;
  5. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  6. upload, post, e-mail or otherwise store or transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. interfere with or disrupt the Site, the Services or any servers or networks connected to the Site or used with the Services, or disobey any requirements, procedures, policies or regulations of any networks connected to the Site or used with the Services; or
  8. violate any applicable local, state, national or international law including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any other regulations having the force of law;

5. INDEMNITY

You agree to indemnify, defend and hold TradeBeam (and its parents, subsidiaries, affiliates, officers, directors, shareholders, agents, partners, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your violation of this Use Policy or (ii) your violation of any law or the rights of a third party.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that TradeBeam may from time to time establish and modify in its sole discretion general practices and limits concerning use of the Services including, without limitation, the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by TradeBeam, the maximum number of e-mail messages that may be sent from or received by Customers, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that TradeBeam has no responsibility or liability for the deletion or failure to store any e-mail messages or other Content posted on the Site. You agree that TradeBeam reserves the right to log off Customer accounts that are inactive for an extended period of time.

7. TERMINATION

You agree that TradeBeam, in its sole discretion and without notice or liability to you or any third party, may terminate your Customer account if TradeBeam believes that you have violated or acted inconsistently with any term of this Use Policy. Upon such termination, you will be responsible to pay to TradeBeam all obligations and TradeBeam will terminate your password and remove and discard any Content uploaded, posted or otherwise stored by you on the Site.

8. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TradeBeam shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

9. LINKS

The Site contains links to other Internet sites or resources. TradeBeam does not endorse and is not responsible or liable in any way for any content, advertising, services or goods on or available from such sites or resources.

10. INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE

TradeBeam, its partners and licensors retain all right, title and interest in and to the Site, the Services, all Content provided on the Site (excluding your Content), and the business process, procedures, methods and techniques used with the Site and the Services, and all patent rights, copyrights, trademark rights, trade secret rights and other proprietary rights therein (“Intellectual Property”). You may not modify, publish, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Intellectual Property, in whole or in part, except as expressly permitted in this Use Policy or with the prior written consent of TradeBeam (or the appropriate owner). You may make a single copy of the Content displayed on the Site solely for your personal (or your company’s exclusive) use, provided that you do not remove any trademarks, copyright notices or any other notice contained in such Content and that you do not display or distribute in any way or otherwise make available such Content to any third party, without the prior written consent of TradeBeam. Brands, company names, product names and logos on the Site are also trademarks or service marks of TradeBeam, its partners or licensors. The use of any TradeBeam (or any TradeBeam partner or licensor) trademark or service mark without TradeBeam’s (or the appropriate owner’s) express written consent is strictly prohibited.

11. DISCLAIMERS

You acknowledge that the historical and forecast data, market analysis, news and other information on the Site or provided in connection with the use of the Services are compiled from a variety of sources and that TradeBeam does not independently evaluate or verify the accuracy, reliability or timeliness of such information. You agree that you will independently evaluate and bear all risks associated with your use of such information. You further agree that TradeBeam is not responsible and will have no liability for any reliance by you on such information and that under no circumstances does any such information or other Content on the Site constitute the advice of or a recommendation by TradeBeam to take any particular course of action or inaction.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRADEBEAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. TRADEBEAM MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED.
  3. TRADEBEAM IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) HARDWARE, SOFTWARE, OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN TRADEBEAM OR (II) THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE SERVICES.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRADEBEAM, ITS PARTNERS AND AFFILIATES WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS USE POLICY UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) FOR (I) ANY AMOUNT IN EXCESS IN THE AGGREGATE OF THE FEE PAID BY YOU OR YOUR COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, (II) ANY LOST DATA OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TRADEBEAM, ITS PARTNERS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

14. GENERAL INFORMATION

This Use Policy constitutes the entire Use Policy between you and TradeBeam, superceding any prior Use Policy between you and TradeBeam. You also may be subject to additional terms and conditions that may apply when you use any Customer Services, affiliate services, third-party content or third-party software. This Use Policy is governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Barbara, California. The failure of TradeBeam to exercise or enforce any right or provision of this Use Policy shall not constitute a waiver of such right or provision. If any provision of this Use Policy is found by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

15. VIOLATIONS

Please report any violations of this Use Policy to our Customer Care group.


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