Copyright©2026 Private Markets Digest, a brand of Traders & Quants, LLC.
TERMS OF SERVICE
Applicable to Private Markets Digest and all affiliated properties, publications, and services
Effective Date: June 23, 2026 | Last Updated: June 23, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms contain a BINDING ARBITRATION PROVISION, a CLASS-ACTION WAIVER, and a JURY-TRIAL WAIVER (see Section 19), which affect your legal rights and require that most disputes be resolved individually through arbitration rather than in court. They also contain important DISCLAIMERS OF WARRANTIES and LIMITATIONS OF LIABILITY (Sections 14–16), and disclosures regarding the fact that we are a publisher of financial information and are NOT an investment adviser, broker-dealer, or financial planner (Section 8). By accessing or using the Services, you agree to these Terms in full.
Table of Contents
These Terms of Service (together with our Privacy Policy and any product-specific or supplemental terms referenced herein, collectively, this “Agreement” or these “Terms”) constitute a legally binding contract between you and Traders & Quants, LLC, governing your access to and use of the Services. By accessing, viewing, browsing, registering for, subscribing to, or otherwise using any of the Services, or by clicking “I agree” (or a similar affirmation) where presented, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services following the posting of any changes to these Terms constitutes your acceptance of those changes.You represent that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and that you have the legal capacity and authority to enter into this Agreement. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to this Agreement, in which case “you” and “your” refer to that entity.
“Traders & Quants,” “T&Q,” “we,” “us,” and “our” mean Traders & Quants, LLC and its parents, subsidiaries, affiliates, related entities, successors, assigns, brands, publications, newsletters, domains, subdomains, SMS programs, email publications, media properties, applications, data products, paid products, free products, and any associated or successor brands, together with their respective officers, managers, members, directors, employees, agents, contractors, licensors, and service providers.“Services” means, collectively, all content, information, news, market commentary, data, analysis, research, ratings, screens, tools, calculators, charts, educational materials, courses, newsletters, email publications, SMS or text-message programs, websites, subdomains, mobile or desktop applications, data products, software, features, functionality, and any other products or services that we make available, however provided and whether free or paid, including without limitation the website located at Private Markets Digest and each of our other media properties.“Content” means all information, text, data, market commentary, analysis, research, ratings, scores, screens, charts, graphics, images, audio, video, software, code, compilations, and other materials available through the Services, whether produced by us, our licensors, our contributors, or third parties.“Software” means all code, products, programs, applications, application programming interfaces (APIs), data feeds, and scripts used in connection with, or made available through, the Services.“User Content” means any content, materials, communications, or information that you or other users submit, post, transmit, or otherwise make available through the Services, including comments, survey responses, reviews, and support communications.“Website” means Private Markets Digest and any other website, subdomain, or online property that we own, operate, or maintain.“You” and “your” mean any person or entity that accesses, views, or uses any of the Services, whether or not registered.“Payment Method” means any valid credit card, debit card, or other payment instrument or account that you provide to us or our payment processor to pay for paid Services.
The Services are owned and operated by Traders & Quants. Not all Services are made available free of charge. By accessing the Services, or by paying the fees we charge for access to certain Services, you agree to abide by this Agreement.We reserve the right, at our sole discretion, to modify, amend, supplement, or replace these Terms at any time. When we make material changes, we will provide notice by reasonable means, which may include posting an updated version of these Terms on the Website with a revised “Last Updated” date, sending notice by email to the address associated with your account, or providing notice through the Services. The effective date of any change will be the date stated in the applicable notice or, if none is stated, the date the updated Terms are posted. You should review these Terms each time you use the Services. Your continued access to or use of the Services after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to stop using the Services and, if applicable, cancel your subscription as provided in Section 12.
Certain Services require registration. In consideration of your use of such Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the applicable registration forms (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 we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Services (or any portion thereof). You represent that you are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction, and that your use of the Services does not violate any applicable law or regulation.
Upon completing registration, you may receive, or be asked to create, a password and account designation. You are responsible for maintaining the confidentiality of your password and account credentials and are fully responsible for all activities that occur under your account, whether or not authorized by you. You agree to: (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security; and (b) ensure that you log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section. We reserve the right to disable any account or credential at any time if, in our opinion, you have failed to comply with this Agreement or if we believe your account has been compromised.
Subject to your compliance with this Agreement, we grant you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Services and Content for your own personal, non-commercial use, for a single user, unless you have entered into a separate written license (such as a site license, multi-user license, or data-feed license) with us. All rights not expressly granted to you are reserved by us and our licensors.Except as expressly permitted by this Agreement or by applicable law, you agree that you will not, and will not permit, enable, or assist any third party to:
copy, reproduce, duplicate, republish, download, store, post, broadcast, transmit, distribute, display, perform, or otherwise exploit any portion of the Services or Content;
modify, adapt, translate, or create derivative works from the Services, Content, or Software;
reverse engineer, reverse assemble, decompile, disassemble, or otherwise attempt to discover any source code, underlying ideas, algorithms, or trade secrets in the Services or Software;
sell, assign, sublicense, rent, lease, loan, grant a security interest in, or otherwise transfer any right in the Services, Content, or Software;
use any robot, spider, scraper, crawler, or other automated means to access, monitor, index, harvest, or copy any portion of the Services or Content, or to circumvent any access controls or rate limits;
access the Services by any means other than through the interfaces we provide, or use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services; or
remove, obscure, or alter any copyright, trademark, or other proprietary-rights notices contained in or accessible through the Services.
The Services, Content, and Software contain proprietary and confidential information protected by applicable intellectual-property and other laws. As between you and us, we and our licensors own and retain all right, title, and interest in and to the Services, Content, and Software, including all intellectual-property rights therein.
The Services are provided for general informational and educational purposes only. The Services are not intended to be, and shall not be construed as, a substitute for individualized professional, financial, investment, tax, accounting, or legal advice. We and our licensors shall not be responsible or liable for the accuracy, completeness, usefulness, timeliness, or availability of any Content or information transmitted or made available through the Services, and shall not be responsible or liable for any trading, investment, or other decisions made based on such Content or information.
The Content is not guaranteed to be accurate, current, or complete. We endeavor to provide accurate information, but we assume no responsibility for the accuracy of any Content. The Content may contain inaccuracies, errors, or typographical mistakes, and may be changed, updated, or removed at any time without notice. We reserve the right, but undertake no obligation, to correct any errors or omissions in any portion of the Services. Any performance figures, backtested results, hypothetical results, ratings, scores, screens, or projections presented through the Services are provided for illustration only, may rely on assumptions, and are not a guarantee or indication of future results.
You agree not to resell, reproduce, duplicate, copy, sell, trade, redistribute, sublicense, or otherwise exploit for any commercial purpose any Content or data acquired from the Services without first entering into a separate written licensing agreement with us. Without limiting the foregoing, data acquired from the Services may not be resold or transferred to any third party, and may not be redistributed in bulk (including by CSV, spreadsheet, database export, API, or similar means) to any third party. These restrictions are in addition to, and not in limitation of, the restrictions set forth in Section 6.
You will not use, reference, or incorporate any Content in any prospectus, offering memorandum, registration statement, marketing material, or other disclosure document attributable to any issuer of securities, or in connection with any solicitation, offer, or sale of any security, without our prior express written consent.
You should never depend solely on information contained in any internet publication. The risk of inaccurate, incomplete, or fraudulent information exists with many internet sources. You are solely responsible for evaluating the Content and for any decisions you make based on it, and we encourage you to verify all information independently and to consult qualified professionals before making any financial or investment decision.
Traders & Quants is a publisher of general financial news, market commentary, data, analysis, and educational materials. We are not, and the Services do not constitute, the services of, an investment adviser, broker-dealer, commodity trading advisor, commodity pool operator, financial planner, or fiduciary, and we do not provide personalized investment advice. The Content is impersonal and is not tailored to the investment needs, objectives, financial circumstances, or risk tolerance of any specific person.
No Recommendations. We do not recommend the purchase or sale of any individual security, futures contract, digital asset, or other financial instrument, and we do not offer personalized financial advice. No Content provided through the Services is, or should be construed as, a recommendation, solicitation, endorsement, repudiation, or offer by us to buy or sell any security or other financial instrument, or to engage in any particular investment, trading, or other strategy. Our personnel, contributors, and contractors are not, in their capacity as such, acting as your broker, dealer, investment adviser, or fiduciary, and do not intend or attempt to influence your purchase or sale of any security or other instrument.
Your Responsibility. All investment and trading decisions are made solely by you, at your own discretion and risk. Trading and investing in securities, futures, options, digital assets, and other instruments involves substantial risk of loss and is not suitable for every investor. You should consult your own licensed financial, investment, tax, and legal advisers, and conduct your own due diligence, before making any decision. You agree that we shall not be liable for any decision made or action taken by you in reliance on the Content.
Forward-Looking Statements. The Content may include, or incorporate by reference, “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, including statements regarding plans, strategies, expectations, or projections. Any statements that are not statements of historical fact may be deemed forward-looking statements. Such statements are subject to various risks, uncertainties, and assumptions, are not guarantees of future performance or events, and actual results may differ materially from those expressed or implied. We undertake no obligation to update any forward-looking statement.
Potential Conflicts of Interest. Our owners, members, managers, employees, contractors, and agents may hold, and may from time to time acquire or dispose of, a present or future financial interest in companies, securities, instruments, or other assets discussed in or through the Services. You agree that we are under no obligation to inform you of any such interest or of any transaction made by any such person, and you consent to such potential conflicts of interest. Any third-party authors or contributors are responsible for their own disclosures, and the views expressed by them are their own and not necessarily ours.
We generate revenue in part through advertising, sponsored content, affiliate marketing, pay-per-click and pay-per-lead arrangements, and sponsored text or email placements. This means we may receive compensation, commissions, or other consideration when you click on an advertisement, link, or hyperlink, when you sign up for or purchase a third party’s products or services, or when third-party content is displayed to you. We may also send marketing communications to subscribers, including on behalf of third-party advertisers, for which we may receive compensation.The display of any advertisement, sponsored content, or affiliate link does not constitute an endorsement, guarantee, warranty, or recommendation by us of the advertised or linked products, services, or third parties. We do not necessarily endorse, and are not responsible for, the products, services, claims, representations, or content of any advertiser, sponsor, affiliate partner, or other third party. Any dealings you have with third parties through or in connection with the Services, including the purchase of any goods or services and any related terms, conditions, warranties, or representations, are solely between you and the applicable third party. You should evaluate any such offer carefully and review the applicable third party’s own terms and privacy practices before transacting. We are not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings.We endeavor to identify material connections and sponsored content consistent with applicable law, including the Federal Trade Commission’s guidance on endorsements and advertising disclosures. Sponsored or affiliate content may be identified by labels such as “sponsored,” “advertisement,” “partner,” or similar terms, or as otherwise required by law.
The Services may contain, or third parties may provide, links to other websites, applications, content, or resources. You acknowledge and agree that we are not responsible for the availability, accuracy, content, products, services, or practices of any third-party site or resource. The inclusion of any link does not imply our endorsement of the linked site or resource. Your use of any third-party site or resource is at your own risk and subject to the terms and policies of that third party, and we disclaim all responsibility and liability arising from your use of any such site or resource.
To the extent the Services permit you to submit User Content, you retain ownership of your User Content, but you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with operating, providing, promoting, and improving the Services. You represent and warrant that you own or have all necessary rights to your User Content and that it does not violate this Agreement or any law or the rights of any third party.You agree not to use the Services to: (a) violate any applicable law or regulation; (b) infringe or misappropriate any intellectual-property, privacy, or other right of any person; (c) transmit any material that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable; (d) transmit any viruses, malware, or other harmful code; (e) impersonate any person or entity or misrepresent your affiliation; (f) collect or harvest information about other users; or (g) interfere with or disrupt the integrity or performance of the Services. We reserve the right, but have no obligation, to monitor, review, remove, or disable access to any User Content at our sole discretion, and to investigate and take appropriate legal action against anyone who violates this Section.
Certain Services are offered on a paid subscription basis, billed in recurring intervals (for example, monthly or annually). This Section, together with any plan-specific terms presented at the point of sale, governs paid subscriptions. The specific price, billing frequency, renewal terms, and cancellation method applicable to your subscription will be disclosed to you at the point of purchase before you are charged, and those disclosures are incorporated into this Agreement.
By enrolling in a paid subscription, you authorize us and our payment processor to charge your Payment Method the applicable subscription fee, plus any applicable taxes and other charges you may incur in connection with your use of the Services, at the intervals disclosed to you. You represent and warrant that you are authorized to use the Payment Method you provide. “Billing” means a charge against your Payment Method.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD FOR SUCCESSIVE PERIODS OF THE SAME LENGTH, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL FEE (PLUS APPLICABLE TAXES), UNLESS AND UNTIL YOU CANCEL OR WE TERMINATE YOUR SUBSCRIPTION. THE RENEWAL CHARGE WILL OCCUR ON OR AROUND THE RENEWAL DATE WITHOUT FURTHER ACTION BY YOU AND, EXCEPT AS REQUIRED BY LAW, WITHOUT FURTHER NOTICE TO YOU. TO AVOID BEING CHARGED FOR A RENEWAL TERM, YOU MUST CANCEL BEFORE THE RENEWAL DATE AS DESCRIBED BELOW.
If your subscription began on a day not contained in a given renewal month, we may bill your Payment Method on the last day of that month. If a free trial or introductory offer applies, we will begin billing your Payment Method at the standard rate at the end of the trial or introductory period unless you cancel before it ends, and the terms of the trial or introductory offer will be disclosed to you at sign-up.
You may cancel your subscription at any time through the cancellation mechanism made available in your account settings on the Website or by contacting us at the email address designated for cancellations in Section 24 (or as otherwise disclosed at the point of sale). We will make a cancellation method available that is at least as simple as the method you used to enroll. Cancellation will take effect at the end of the then-current billing period, and you will continue to have access to the paid Services through the end of that period unless otherwise required by law. To stop a renewal charge, your cancellation must be completed before the applicable renewal date.
We may change subscription fees and other charges, or introduce new fees, from time to time. We will provide advance notice of any change in the recurring fee by email or other reasonable means before the change takes effect. If you do not agree to a fee change, you may cancel your subscription before the change takes effect as provided above; your continued use of the paid Services after the effective date of the change constitutes your acceptance of the new fee.
If your Payment Method expires or its information changes, your continued use of the paid Services constitutes your authorization for us to continue charging an updated or replacement Payment Method, and you remain responsible for any uncollected amounts. If a charge is declined or fails for any reason, we may suspend or terminate your subscription and your access to the paid Services, and we may attempt to re-process the charge.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION OR AS REQUIRED BY APPLICABLE LAW, ALL FEES, TAXES, AND CHARGES ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED SUBSCRIPTION PERIODS.
Where we offer a money-back guarantee or refund window for a particular paid Service, the terms of that offer will be disclosed at the point of sale and will govern your eligibility for a refund. To request a refund under any such offer, you must contact us as described in Section 24 within the applicable window.
We reserve the right to discontinue any Service at any time. If we discontinue a paid Service to which you have an active prepaid subscription, we will, except as otherwise provided in this Agreement, provide a pro-rata refund of the prepaid fee corresponding to the unused portion of your then-current subscription term. We may also terminate or suspend your subscription as provided in Section 13.
We may suspend, restrict, or terminate your access to all or any part of the Services, and/or close your account, at any time, with or without cause and with or without notice, including if we believe you have violated this Agreement, if required by law, or to protect the Services, other users, or third parties. You may stop using the Services at any time, and may cancel any paid subscription as provided in Section 12.
Upon termination, the licenses granted to you under this Agreement will immediately cease, and you must stop using the Services. Any provisions of this Agreement that by their nature should survive termination will survive, including Sections 2, 6, 7, 8, 14, 15, 16, 17, 18, 19, 20, and 22 through 27. Termination does not entitle you to any refund except as expressly provided in Section 12 or as required by applicable law.
THE SERVICES AND ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.WE, ON BEHALF OF OURSELVES AND OUR LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THE SERVICES OR ANY PART THEREOF; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, OR THEIR AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, COMPLETENESS, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, THE SERVICES OR ANY CONTENT; AND (E) WARRANTIES RELATING TO ANY THIRD-PARTY WEBSITES OR RESOURCES TO WHICH THE SERVICES ARE LINKED.WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that event, such warranties are limited to the minimum scope and duration permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRADERS & QUANTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, INVESTMENT OR TRADING LOSSES, USE, DATA, OR SOFTWARE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS LIMITATION INCLUDES, BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THE SERVICES; (ii) ANY TRADING, INVESTMENT, OR OTHER DECISION MADE OR ACTION TAKEN IN RELIANCE ON ANY CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES; (v) LOSS OF DATA OR SOFTWARE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE APPLICABLE SERVICES DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THIS IS THE MAXIMUM AGGREGATE AMOUNT FOR WHICH WE ARE RESPONSIBLE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law. You acknowledge that the disclaimers and limitations in Sections 14 and 15 are an essential basis of the bargain between you and us and reflect a reasonable allocation of risk.
You acknowledge and agree that trading and investing involve substantial risk and that you are solely responsible for your own decisions. We are not responsible for any loss that may be incurred by any person resulting from the use of the Services or any Content. We recommend that anyone wishing to trade or invest in securities, futures, options, digital assets, or other instruments do so cautiously and with the assistance of a licensed personal financial adviser. You assume full responsibility for, and all risk of loss associated with, your use of the Content and the Services.
You agree to defend, indemnify, and hold harmless Traders & Quants and its parents, subsidiaries, affiliates, and their respective officers, managers, members, directors, agents, employees, contractors, and licensors from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of this Agreement; (d) your violation of any applicable law or regulation; or (e) your violation of the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You will not settle any matter that affects us without our prior written consent.
Traders & Quants’ trademarks, trade names, service marks, logos, and brand features, and the names of our products, publications, and services (collectively, the “Marks”), are the property of Traders & Quants, LLC and its affiliates. You agree not to display, use, copy, or register any of the Marks, or any confusingly similar mark, in any manner without our prior written consent. All other trademarks appearing through the Services are the property of their respective owners.
We respect the intellectual-property rights of others and ask our users to do the same. If you believe that material available through the Services infringes your copyright, you may submit a written notice to our designated agent that includes: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your name, mailing address, telephone number, and email address; (e) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf. Notices may be sent to our designated agent at the contact address in Section 24. We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who are repeat infringers.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION.
Except for the Excluded Claims described in Section 19.6, you and Traders & Quants agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, any inquiry or interaction with us, or the relationship between you and us (a “Dispute”), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively by final and binding individual arbitration, rather than in court. This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section.
Before initiating arbitration, you and we agree to first attempt to resolve any Dispute informally for at least sixty (60) days after written notice. Your notice must be sent to the address in Section 24 and must describe the Dispute and the relief sought; our notice will be sent to the email or mailing address associated with your account. If the Dispute is not resolved within the sixty-day period, either party may commence arbitration. This informal-resolution requirement is a condition precedent to commencing arbitration, and any applicable limitations period and arbitration-fee deadlines will be tolled during this period.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Agreement. The arbitration will be conducted by a single neutral arbitrator. The seat and, if any in-person hearing is held, the location of the arbitration will be in Orange County or Lake County, Florida; provided that you may request a telephonic or video hearing, or a hearing in the county of your residence, to the extent the AAA Rules so permit. The arbitrator’s award will be in writing, will be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
YOU AND TRADERS & QUANTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM.
If twenty-five (25) or more demands for arbitration of a substantially similar nature are filed by or with the assistance or coordination of the same or coordinated counsel or organizations, you and we agree that the demands will be administered in staged batches of no more than fifty (50) demands at a time (or as otherwise provided by any applicable AAA mass-arbitration or supplementary rules then in effect), in order to promote the efficient and economical resolution of such demands, and that any applicable limitations periods and filing deadlines will be tolled for demands held for a later batch. This provision is intended to be enforced consistent with the Federal Arbitration Act and the applicable AAA rules.
Notwithstanding the foregoing, the following are not subject to mandatory arbitration: (a) an individual claim that qualifies for and is brought in a small-claims court of competent jurisdiction, so long as it remains in that court and is brought only on an individual basis; and (b) any claim by either party for injunctive or other equitable relief to protect or enforce intellectual-property rights, including the Marks (the “Excluded Claims”). We may, in our sole discretion, elect to assert one or more such intellectual-property claims in arbitration without waiving our right to assert them in court.
If the class-action and collective-relief waiver in Section 19.4 is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief will be severed and adjudicated in a court of competent jurisdiction as provided in Section 20, while all other claims will proceed in arbitration. If any other portion of this Section 19 is found to be unenforceable, the remainder will be enforced to the fullest extent permitted by law. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to the address in Section 24 within thirty (30) days after you first accept these Terms; the notice must include your name and the email address associated with your account. If you opt out, the remaining provisions of this Agreement, including Section 20, will continue to apply.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TRADERS & QUANTS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.The parties agree to maintain the confidential nature of the arbitration proceeding and the award, except as may be necessary to prepare for or conduct the arbitration, to enforce or challenge the award, or as otherwise required by law. The parties will participate in the dispute-resolution process in good faith and will bear their own costs, expenses, and attorneys’ fees except as otherwise provided by the AAA Rules, by applicable law, or by this Agreement. If we are the prevailing party in any arbitration or permitted litigation, we may, to the extent permitted by applicable law, recover our reasonable costs, expenses, and attorneys’ fees.
This Agreement and any Dispute arising out of or relating to it or the Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles, and, where applicable, the Federal Arbitration Act and other applicable federal law. Subject to Section 19, for any Dispute not subject to arbitration, or to enforce an arbitration award, or for any Excluded Claim brought in court, you and we agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Orange County or Lake County, Florida, and you waive any objection to such jurisdiction or venue on the basis of inconvenient forum or otherwise. You agree that any Dispute must be commenced within one (1) year after the cause of action accrues, except where a longer period is required by applicable law.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference and describes how we collect, use, and share information. By using the Services, you consent to our collection and use of information as described in the Privacy Policy, including the transfer, storage, and processing of information in the United States and other countries. Please review the Privacy Policy carefully.
By using the Services or providing us with your contact information, you consent to receive communications from us electronically, including by email, SMS or text message (where you have opted in), in-Service messaging, and postings on the Services, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We may provide you with notices, including notices of changes to this Agreement, by email, mail, SMS, in-Service posting, or other reasonable means. Such notices may not be received if you access the Services in an unauthorized manner or fail to keep your contact information current; you agree that you are deemed to have received any notice that would have been delivered had you accessed the Services in an authorized manner and maintained accurate contact information. Message and data rates may apply to SMS communications, and you may opt out of SMS messages at any time by following the instructions provided in those messages.
This Agreement, together with the Privacy Policy and any product-specific or supplemental terms expressly incorporated by reference, constitutes the entire agreement between you and us regarding the Services and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral, regarding the same subject matter.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Traders & Quants.
You may not assign or transfer this Agreement, or any of your rights or obligations under it, without our prior written consent, and any attempted assignment in violation of this Section is void. We may assign or transfer this Agreement, in whole or in part, without restriction and without notice. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns.
Except as expressly provided in this Agreement (including the indemnified and released parties identified herein), there are no third-party beneficiaries of this Agreement.
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God (such as fire, flood, earthquake, storm, or hurricane), war, invasion, hostilities, civil unrest, terrorism, governmental action or sanction, embargo, labor dispute, strike, pandemic or epidemic, power or utility failure, server or network unavailability, failure of any hardware, software, or telecommunications, or failure of internet or other service providers.
Nothing in this Agreement creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and us. Neither party has authority to bind the other.
Section titles and headings are for convenience only and have no legal or contractual effect. The words “include” and “including” mean “including without limitation.”
You represent that you are not located in, and will not use the Services in violation of any applicable export-control or sanctions laws, and that you are not on any government list of prohibited or restricted parties.
For questions about these Terms, to request cancellation of a paid subscription, to send a notice required under this Agreement (including an arbitration opt-out, an informal-resolution notice, or a copyright complaint), or for any other matter, you may contact us at:
Traders & Quants, LLC
Attn: Legal / Terms of Service
522 S. Hunt Club Blvd. Suite 119
Apopka, FL 32703 United States
Email: [email protected]
Cancellations: [email protected]
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND THE ARBITRATION, CLASS-ACTION-WAIVER, AND JURY-TRIAL-WAIVER PROVISIONS, AND THAT YOU AGREE TO BE BOUND BY IT.
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