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.
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.
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).
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:
- American Express
- Apple Pay
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.
THIRD-PARTY WEBSITES AND CONTENT
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.
DATA PROTECTION AND CONFIDENTIALITY
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
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.
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.
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.
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;
(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
ENTIRE AGREEMENT AND GOVERNING TERMS
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
We are available to assist you and aim to provide timely support and resolution for any concerns you may have.