TERMS OF USE

These Terms of Use govern your access to and use of ontotrade.com and related websites operated by Ontotrade, LLC (“ONTOTRADE,” “we,” or “us”). By accessing this website, you agree to be bound by these Terms, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Subscriptions and Order of Precedence

If you purchase a subscription, course, or other paid service, your purchase and your use of that service are also governed by the Ontotrade Risk Disclaimer and Subscriber Agreement (the “Agreement”), which includes important futures trading risk disclosures, subscription and cancellation terms, a limitation of liability, and binding arbitration and class action waiver provisions. If these Terms conflict with the Agreement on any matter relating to a paid service, the Agreement controls. Futures trading involves substantial risk of loss and is not suitable for every investor.

Educational Purpose Only

Content on this website is provided for general educational and informational purposes only. It is not individualized investment, trading, tax, or legal advice and is not a recommendation to buy or sell any futures contract or other financial product. Past performance, whether actual or hypothetical, is not necessarily indicative of future results.

Intellectual Property Rights

All copyrights, trademarks, patents, and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of ONTOTRADE or its licensors. The use of our trademarks, content, and intellectual property is forbidden without the express written consent of ONTOTRADE, except for the limited personal license granted to subscribers under the Agreement.

You must not:

• Republish material from our website without prior written consent.
• Sell or rent material from our website.
• Reproduce, duplicate, create derivative works from, copy, or otherwise exploit material on our website for any purpose not permitted by these Terms or the Agreement.
• Redistribute any content from our website, including onto another website.

Acceptable Use

You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing-related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL MATERIALS ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND TIMELINESS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONTOTRADE OR ITS OWNERS, OFFICERS, EMPLOYEES, INSTRUCTORS, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY TRADING LOSSES, LOST PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS MATERIALS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ONTOTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ONTOTRADE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO ONTOTRADE DURING THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU PAID NO FEES DURING THAT PERIOD, ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud, gross negligence, or willful misconduct, or waives any non-waivable right under applicable consumer protection or commodities law. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless ONTOTRADE from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms, your misuse of website content, or your violation of any law or the rights of any third party.

Governing Law and Disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules, and by applicable federal law. Disputes relating to a paid service are resolved under the dispute resolution, arbitration, and class action waiver provisions of the Agreement. For any other dispute, you consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. To the extent permitted by law, any claim must be brought within one (1) year after it arises.

Revisions

ONTOTRADE may change these Terms from time to time by posting an updated version with a new “Last updated” date, and you should check these Terms regularly. Your continued use of the website after changes are posted will be deemed acceptance of the updated Terms. Changes to the Agreement, including how and when they take effect for active subscribers, are governed by the Agreement.

Severability

If any provision of these Terms is held illegal, invalid, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Contact

Questions about these Terms may be sent to [email protected].