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Terms & Conditions

TERMS OF ACCEPTANCE

 

By accessing and utilizing the website located at www.TheNinesTrading.com (hereinafter referred to as the "Platform"), you signify your acceptance of this legally binding agreement ("Agreement") between yourself, either personally or on behalf of an entity ("User"), and The Nines ("Company," "we," "us," or "our"). This Agreement pertains to your use of the Platform, including any associated media forms, channels, mobile websites, or applications (collectively referred to as the "Services"). Should you disagree with any part of this Agreement, your access to the Platform is expressly prohibited, and you must immediately cease using the Services.

Additional terms and conditions, as well as any documents posted on the Platform from time to time, are hereby incorporated into this Agreement by reference. We reserve the sole right, at our discretion, to modify or amend this Agreement for any reason and at any time. We will notify you of any changes by updating the "Last updated" date of this Agreement. You relinquish the right to receive specific notice for each modification. It is your responsibility to review this Agreement periodically to stay informed about any updates. Your continued use of the Platform following the posting of revised terms constitutes your acceptance of the changes.

The information provided on the Platform is not intended for distribution or use by any individual or entity in any jurisdiction or country where such activities contravene the law or regulations, or subject us to any registration requirements within that jurisdiction or country. Consequently, individuals who choose to access the Platform from other locations do so at their own volition and assume sole responsibility for compliance with applicable local laws.

Please note that the Platform is not designed to adhere to industry-specific regulations (e.g., Health Insurance Portability and Accountability Act [HIPAA], Federal Information Security Management Act [FISMA]). If your interactions are subject to such laws, you are prohibited from using this Platform. Furthermore, any use of the Platform that violates the Gramm-Leach-Bliley Act (GLBA) is strictly forbidden.

The Platform is intended for users who are at least 13 years old. Users who are minors under the jurisdiction in which they reside (generally under 18 years old) must obtain permission from their parent or guardian and be under direct supervision when using the Platform. If you are a minor, your parent or guardian must read and agree to these terms before you may use the Services.

OWNERSHIP OF INTELLECTUAL PROPERTY

Except as explicitly stated, www.TheNinesTrading.com (hereinafter referred to as the "Platform") and all its elements, including source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos incorporated therein (the "Marks"), are either our exclusive property or licensed to us. These assets are safeguarded by copyright, trademark laws, international conventions, and other intellectual property rights and unfair competition laws of the United States and international jurisdictions.

The Content and Marks provided on the Platform are made available "AS IS" for informational and personal use purposes only. Unless explicitly permitted by these Terms of Use, no part of the Platform, Content, or Marks may be copied, replicated, aggregated, republished, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our explicit prior written consent.

Given that you are eligible to use the Platform, you are granted a limited license to access and utilize the Platform, as well as to download or print portions of the Content for personal, non-commercial use, provided that you have obtained proper access. We reserve all rights not expressly granted to you in relation to the Platform, Content, and Marks.

USER REPRESENTATIONS

By utilizing the Platform, you affirm and guarantee that: (1) all information provided during registration is truthful, accurate, up-to-date, and complete; (2) you will ensure the accuracy of such information and promptly update it as necessary; (3) you possess the legal capacity to enter into these Terms of Use and agree to abide by them; (4) you are not under the age of 13; (5) if you are a minor in your jurisdiction, you have obtained parental permission to use the Platform; (6) you will not employ automated or non-human methods, including bots or scripts, to access the Platform; (7) you will refrain from using the Platform for any unlawful or unauthorized purpose; and (8) your use of the Platform will not contravene any applicable laws or regulations.

Should you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any present or future use of the Platform (or any portion thereof).

PRODUCT AVAILABILITY

The availability of all products is subject to change. We retain the right to discontinue any product at any time and for any reason. Prices for all products are also subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:
- Visa
- Mastercard

- American Express

- Apple Pay

- Discover

- ChinaUnionPay

- JCB

- Diners

- CartesBancaires

- Electron

- Maestro
- Bitcoin

- USDT

By making purchases through the Platform, you agree to provide current, accurate, and complete information regarding your purchases and account. Furthermore, you agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, to ensure the successful completion of your transactions and to facilitate necessary communication. Sales tax will be applied to the purchase price as required by applicable laws. We reserve the right to modify prices at any time. All payments must be made in U.S. dollars.

By placing an order, you authorize us to charge your selected payment provider for the specified amounts related to your purchases, including any applicable shipping fees. In the event of any errors or mistakes in pricing, even after payment has been requested or received, we retain the right to rectify such discrepancies.

We reserve the right to refuse any order placed through the Platform. Additionally, we may, at our sole discretion, impose limitations or cancel quantities purchased per person, household, or order. These restrictions may extend to orders placed under the same customer account, utilizing the same payment method, and/or with identical billing or shipping addresses. Furthermore, we reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
 

SITE MANAGEMENT

We retain the right, though not the obligation, to perform the following actions: (1) diligently monitor the Site to identify violations of these Terms of Use; (2) pursue appropriate legal recourse against any individual who, in our sole discretion, breaches the law or these Terms of Use, including reporting such users to law enforcement authorities; (3) exercise our sole discretion, without limitation, to deny, restrict access to, limit the availability of, or deactivate (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) exercise our sole discretion, without limitation, to remove or disable all files and content from the Site that exceed reasonable size or place an undue burden on our systems; and (5) manage the Site in a manner that safeguards our rights and assets and promotes the proper functioning of the Site and the Marketplace Offerings, without notice or liability.

THIRD-PARTY WEBSITES AND CONTENT

The Site may feature links to other websites ("Third-Party Websites"), as well as content or items originating from third parties ("Third-Party Content"), such as articles, photographs, text, graphics, designs, music, sound, videos, information, applications, software, and more. Please note that we do not investigate, monitor, or guarantee the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content. We assume no responsibility for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or policies associated with them. Inclusion, linking, use, or installation of Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms of Use no longer govern your actions. We recommend reviewing the applicable terms, policies, including privacy practices, of any website you visit from the Site or any applications you utilize or install from the Site. Any purchases made through Third-Party Websites are exclusively between you and the relevant third party, and we assume no liability whatsoever for such purchases. Moreover, you agree to indemnify us from any harm resulting from your purchases of products or services offered on Third-Party Websites. We do not endorse the products or services provided on Third-Party Websites, and you hold us harmless from any losses or harm arising from your interactions with Third-Party Content or Third-Party Websites.

SUBMISSIONS

You acknowledge and agree that any Submissions you provide to us, including questions, comments, suggestions, ideas, feedback, or other information about the Site or the Marketplace Offerings, shall become our sole property and non-confidential. We shall possess exclusive rights, including all intellectual property rights, and may freely use and distribute these Submissions for any lawful purpose, commercial or otherwise, without acknowledging or compensating you. By making Submissions, you waive all moral rights and warrant that they are either original or submitted with the necessary rights. You further acknowledge that you have no recourse against us for alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

CONTRIBUTION LICENSE

Both you and the Site acknowledge that we may access, store, process, and utilize any information and personal data provided by you in accordance with the Privacy Policy and your chosen settings. By submitting suggestions or feedback concerning the Site, you grant us the right to use and share such feedback for any purpose, without compensation to you. We do not claim ownership over your Contributions, and you retain full ownership and all associated intellectual property rights. We hold no liability for any statements or representations in your Contributions on any area of the Site. You are solely responsible for your Contributions and agree to release us from any and all liability, as well as refrain from taking any legal action against us regarding your Contributions.

DATA PROTECTION AND CONFIDENTIALITY

At The Nines, we prioritize the confidentiality and security of data. We urge you to review our comprehensive data protection and privacy measures outlined in our Data Protection Policy available at www.TheNinesTrading.com/privacy-policy/. Your usage of the Site and the Marketplace Offerings signifies your agreement and adherence to our Data Protection Policy, which is an integral part of these Terms of Use. Kindly note that the Site and the Marketplace Offerings are hosted within the United States. If you access the Site or the Marketplace Offerings from any other region governed by different laws pertaining to the collection, use, or disclosure of personal data, your continued use of the Site implies the voluntary transfer of your data to the United States. You explicitly consent to the transfer and processing of your data in the United States.

Moreover, we do not knowingly solicit, request, or accept information from individuals under the age of 13, nor do we intentionally target children with our marketing efforts. In compliance with the U.S. Children's Online Privacy Protection Act, if we become aware that any individual under the age of 13 has provided personal information to us without verifiable parental consent, we will promptly remove such information from the Site.

TERMINATION OF USAGE

Your utilization of the Site establishes an ongoing agreement to these Terms of Use, which shall remain in effect as long as you access the Site. While upholding the integrity of these Terms of Use, we retain the right, without prior notice or liability, to deny access to the Site and the Marketplace Offerings (including blocking specific IP addresses) to any individual for any reason or no reason at all. Grounds for such denial include, but are not limited to, violation of any representation, warranty, or covenant stipulated in these Terms of Use, or violation of any applicable laws or regulations. We reserve the right to terminate your participation on the Site, delete your account, and remove any content or information posted by you at our sole discretion and without warning.

In the event of termination or suspension of your account, you are strictly prohibited from registering a new account under your own name, a fictitious name, or the name of any third party, whether on your behalf or on behalf of the third party. Furthermore, alongside the termination or suspension of your account, we retain the right to initiate appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive remedies.

SITE CONTENT AND AVAILABILITY

At Our Trading Hub, we retain the exclusive right to modify, remove, or adjust the contents of the Site at our sole discretion, without notice. While we strive to provide accurate and up-to-date information, we are under no obligation to update any content on the Site. Furthermore, we reserve the right to alter or terminate the Marketplace Offerings, either in part or in whole, without prior notice. We shall not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Site or the Marketplace Offerings.

We cannot guarantee uninterrupted access to the Site and the Marketplace Offerings at all times. Occasional hardware or software issues, as well as maintenance requirements, may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site or the Marketplace Offerings at any time or for any reason without prior notice. You acknowledge and agree that we bear no liability for any loss, damage, or inconvenience caused by your inability to access or utilize the Site or the Marketplace Offerings during any period of downtime or discontinuation. These Terms of Use do not impose an obligation on us to maintain, support, or provide corrections, updates, or releases in connection with the Site or the Marketplace Offerings.

GOVERNING LAW

These Terms of Use, as well as your usage of the Site and the Marketplace Offerings, are governed by and construed in accordance with the laws of the State of Arizona, without regard to its principles of conflict of laws. Any legal action or proceeding initiated by either party shall be exclusively commenced and prosecuted in the state and federal courts located in Arizona, United States. By accepting these Terms of Use, the parties consent to such jurisdiction and expressly waive any defenses of lack of personal jurisdiction and forum non conveniens. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded from these Terms of Use. No claim, action, or proceeding related to the Site may be initiated by either party more than one (1) year after the cause of action has arisen.

DISPUTE RESOLUTION

Any legal action, whether initiated by you or us, shall be brought in the state and federal courts located in Arizona, United States. The parties, collectively referred to as "Parties" or individually as a "Party," consent to such jurisdiction and waive any defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction in said courts. These Terms of Use exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA). Furthermore, any claim, action, or proceeding related to the Site must be initiated within one (1) year from the date the cause of action arose.

ERRORS AND CORRECTIONS

The Site may contain information that includes typographical errors, inaccuracies, or omissions relating to the Marketplace Offerings, including descriptions, pricing, availability, and other details. We reserve the right to rectify any such errors, inaccuracies, or omissions and to modify or update the information on the Site at any time and without prior notice.

DISCLAIMER

The site and its services are provided on an "as-is" and "as-available" basis. Your use of the site services is solely at your own risk. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's content or the content of any linked websites. We assume no liability or responsibility for:

(1) any errors, mistakes, or inaccuracies of content and materials;
(2) personal injury or property damage of any nature resulting from your access to and use of the site;
(3) any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein;
(4) any interruption or cessation of transmission to or from the site;
(5) any bugs, viruses, trojan horses, or similar harmful components transmitted through the site by any third party;
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the site, linked websites, or featured in any banner or other advertising. We will not be a party to or responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of any product or service, you should use your best judgment and exercise caution.

LIMITATIONS OF LIABILITY

In no event shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Regardless of anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to the cause of action arising.

Some US state laws and international laws do not allow the limitation of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

DATA PROTECTION

 

Your data privacy and security are of utmost importance to us. We urge you to review our data protection policy available at [website URL] to understand how we handle your personal information. By accessing or using the Site, you acknowledge and agree to be bound by our data protection policy, which is an integral part of these Terms of Use. It should be noted that the Site is hosted in the United States. If you access the Site from a region with data protection laws that differ from those in the United States, you consent to the transfer of your data to the United States and its processing in accordance with U.S. laws. Please refrain from providing personal information if you are under the age of 13, as we do not knowingly collect data from children. In compliance with the U.S. Children's Online Privacy Protection Act, any personal information received from individuals under the age of 13 will be promptly deleted from the Site.

INDEMNIFICATION

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, partners, and employees harmless against any claims, losses, damages, liabilities, expenses, or demands, including reasonable attorneys' fees and costs, arising from or related to:

(1) your use of the Site;
(2) any breach of these Terms of Use;
(3) any violation of your representations and warranties stated herein;
(4) infringement of third-party rights, including intellectual property rights;
(5) any harmful actions or misconduct directed towards other Site users with whom you interacted. However, we reserve the right, at our own expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims and will be promptly notified of any such claim, action, or proceeding.

ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

When you visit the Site, send us emails, or fill out online forms, you engage in electronic communication. By doing so, you consent to receive electronic communications from us. You acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Site, satisfy any legal requirement that such communications be in writing. Additionally, you agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by us or through the Site. By accepting these Terms of Use, you waive any rights or requirements under any jurisdiction's statutes, regulations, rules, ordinances, or other laws that mandate original signatures, non-electronic record retention, or non-electronic payment methods.

ENTIRE AGREEMENT AND GOVERNING TERMS

The terms outlined in these Terms of Use, along with any policies or operational guidelines published on the Site, constitute the complete understanding and agreement between you and us. The exercise or enforcement of any right or provision within these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use are fully effective to the extent permitted by applicable law. We reserve the right to assign any or all of our rights and obligations to third parties at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act resulting from circumstances beyond our reasonable control. If any provision or part of a provision within these Terms of Use is deemed unlawful, void, or unenforceable, that provision or part shall be considered separable from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is established between you and us as a result of these Terms of Use or your use of the Site. By agreeing to these Terms of Use, you acknowledge that they shall not be construed against us solely because we drafted them. Furthermore, you waive any defenses that may arise from the electronic format of these Terms of Use and the absence of signatures from the parties involved in their execution.

CONTACT INFORMATION AND COMPLAINT RESOLUTION

To address any complaints related to the Site or to obtain further information regarding its use, please contact us using the following details:

The Nines Trading
Email: support@theninestrading.com

We are available to assist you and aim to provide timely support and resolution for any concerns you may have.

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