Terms of Service

Acceptance of These Terms of Service

In its discretion, zTrader reserves the right to charge fees for or discontinue any part of the Service at any time. BY USING AND/OR VISITING ZTRADER, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, SERVICES, CONTENT, APPLICATIONS, SOFTWARE OR OTHER FEATURES THAT MAY BE AVAILABLE FROM TIME TO TIME IN CONNECTION WITH ZTRADER, ITS WEBSITE OR ANY ZTRADER APPLICATION (COLLECTIVELY, REFERRED TO AS THE “SERVICE” OR “ZTRADER”), YOU AGREE TO BE BOUND BY BOTH THESE TERMS OF SERVICE AND THE ZTRADER PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE. EACH TIME YOU USE OR ACCESS ZTRADER YOU ARE RESPONSIBLE FOR BEING FAMILIAR WITH ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF SERVICE, WHICH MAY OCCUR FROM TIME TO TIME. These Terms of Service may be updated from time to time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this website. Where the changes are material, we may also choose to notify our users with the new details and it is within our sole discretion whether or not we choose to do so.

If you do not agree with any of these Terms of Service, please do not use or access zTrader, and if you do not agree to any changes we make in the future, you must terminate your registration with zTrader.

Access to zTrader

You are solely responsible to arrange and to pay for any service fees associated with your ability to access zTrader as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of zTrader, any equipment, software or other usage that may cause any interference with the Service shall result in immediate disconnection from the Service.

Eligibility, Membership and Termination

Eligibility to Use zTrader. In order to use zTrader as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 18 years of age or older. If you are not at least 18 years of age, unfortunately you cannot use zTrader.

Your Account and Information. You are entirely responsible for maintaining the security and confidentiality of your information, password, and application program interface keys. You agree that you will immediately notify zTrader should your password or any of your information be compromised and of any such unauthorized use. Any information provided by you or gathered by zTrader or third parties during any use of zTrader shall be subject to the ZTRADER PRIVACY POLICY.

Termination. Should you violate or breach these Terms of Service, zTrader reserves the right, at its sole discretion and without notice, to suspend or terminate your membership, any and all content and information you may have provided and your ability to access any part of zTrader. Users with suspended or terminated accounts are prohibited from creating new accounts on zTrader. Even after termination of your account or access to zTrader, these Terms of Service shall remain in effect.

Your Conduct

Your Responsibility for Your Conduct. You alone are responsible for your conduct on zTrader. zTrader does not endorse any content that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. zTrader expressly disclaims any and all liability in connection with any and all such content.

Your Responsibility for Your Safety. You alone are responsible for your physical and financial safety when you post information about yourself on zTrader, communicate with other members of the zTrader community or otherwise access services provided by zTrader.

Other Policies. In addition, agree to adhere to all of the following guidelines and requirements:

  • No Commercial Use. The Service is only for personal use of its members only and may not be used in connection with any commercial endeavors unless explicitly approved by zTrader in writing. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on zTrader, including within personal member profiles, without explicit written authorization of zTrader;
  • No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to “robots”, “spiders”, “offline browsers” or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
  • No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause zTrader to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
  • No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18, or to obtain any telephone numbers, street addresses, last names, URL’s or email addresses;
  • No Unauthorized Manipulation of the Service. You may not in any way (i) manipulate identifiers or forge headers in order to disguise the origin of any content, communication or digital media transmitted through the Service, or (ii) obscure, cover or otherwise conceal any advertisements served by or for zTrader  that may appear on your personal member page or any page on zTrader via HTML, CSS, Javascript or any other means;
  • No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
  • No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile; and
  • No Unauthorized Linking or Framing. Should you wish to link to zTrader , you agree that you: (i) will not replicate the Service’s content; (ii) will not frame or border environment around any of the Service’s content; (iii) will not misrepresent any relationship with zTrader or imply that zTrader is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about zTrader on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of zTrader.
Disclaimer Of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZTRADER LLC, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER “ZTRADER GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ZTRADER GROUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND ZTRADER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) FINANCIAL LOSS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY.

ZTRADER GROUP IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. ZTRADER GROUP MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCTS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING. ACCORDINGLY, ZTRADER GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.

zTrader reserves the right to change any and all content, software and other items used or contained at zTrader and any services and applications offered through the zTrader site at any time without notice.

Limitation of Liability

IN NO EVENT SHALL ZTRADER GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF ZTRADER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZTRADER GROUP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Indemnification

You agree to defend, indemnify and hold harmless the zTrader Group from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

General and Miscellaneous

You agree that the Service provided by zTrader shall be deemed solely provided and based in the State of New Jersey, USA, and that the Service shall be deemed a passive online site that does not give rise to personal jurisdiction over zTrader, either specific or general, in jurisdictions other than the State of New Jersey. Any dispute that arises between you and zTrader shall be governed by the laws of the State of New Jersey, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Essex County, New Jersey. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by zTrader without restriction. Should any provision of these Terms of Service be invalidated by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No presumptions shall be made against the drafter of this agreement. These Terms of Service, together with the ZTRADER PRIVACY POLICY and any other legal notices published by zTrader on the Service, shall constitute the entire agreement between you and zTrader regarding the Service. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and zTrader‘s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND ZTRADER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Please contact us should you have any questions regarding these Terms of Service.