PLATFORM AGREEMENT
IMPORTANT – PLEASE CAREFULLY READ AND MAKE SURE YOU UNDERSTAND THIS PLATFORM AGREEMENT BEFORE ACCESSING, USING, OR ENGAGING WITH OUR WEBSITE OR PLATFORM. YOU MAY ONLY APPLY FOR, OPEN, AND MAINTAIN A One Click Trading™ ACCOUNT AND/OR OTHERWISE ACCESS OR USE THE SERVICES IF YOU AGREE TO THIS PLATFORM AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This Platform Agreement (“Agreement”) explains the terms under which we offer and you may use the financial and technology services (the “Services”) that we, 48bytesNorth, Inc. (“One Click Trading™,” “we,” “our,” “us”), make available at www.oneclicktrading.com (the “Website”) and via our mobile application (log-in at app.oneclicktrading.com). We refer to our Website and mobile app collectively as, the “Platform.” If you do not agree to the terms and conditions of this Agreement in their entirety, you are not authorized to use the Platform in any manner or form whatsoever.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THIS AGREEMENT ALSO CONTAINS ARBITRATION PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. SUCH ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
We may modify this Platform Agreement, including any supplements or addenda, by posting an amended version at https://app.oneclicktrading.com. The amended version will be effective at the time we post it, unless otherwise noted. If an amended version of this Agreement changes a material term or condition of a prior version of this Agreement, we will provide you with reasonable prior notice before the amendments are binding on you; provided, however, the amended Agreement may take effect immediately in certain circumstances, including where required to comply with applicable law, regulation or rules or to avoid or mitigate any material risk, loss or damage. If you do not accept any such amendment, you must cancel your One Click Trading™ account (“Account”). If you continue to use the Services after any modification takes effect, you will be deemed to have consented to the revised Agreement.
By using the Platform and agreeing to this Agreement, you represent that you are an individual with at least the age of majority in your state or province of residence. If you are an individual and you apply for an Account, you affirm that you have the mental and legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
You may only use the Services in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Except with respect to access to our Website, any use of or access to the Services for consumer or non-commercial purposes by any individual who is not your employee, contractor, agent, or other individual permitted to use your Account on your behalf (“User”) is strictly prohibited and in violation of this Agreement.
You understand and acknowledge that
2. ACCOUNT MANAGEMENT
One Click Trading™ will not be liable for any losses caused by any unauthorized use of your Account. You must keep your Account password strong and secure. Any suspicious activity including a security breach or unauthorized access must be reported to One Click Trading™ without undue delay. We may suspend access to any Account where a suspected security risk is identified.
3. ACCOUNT RESTRICTIONS
One Click Trading™ may terminate or suspend any Accounts and Services that we know or believe are related to prohibited activities or that otherwise do not comply with the restrictions in this section, as determined in One Click Trading™’s sole discretion. Such activities (collectively, “Prohibited Activities”) include, but are not limited to, any activity that: (1) hacks or damages the Website or Platform; (2) uses the Account or the Services for the benefit of an individual, organization, or country listed on the United States Office of Foreign Asset Control’s Specially designated Nationals List; (3) uses the Account or the Services to collect any market research for a competing business; (4) impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (5) interferes with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any One Click Trading™ intellectual property, data, files, or passwords related to the Services through hacking, password or data mining, or any other means; (6) decompiles, reverse engineers, or disassembles any software or other products or processes accessible through the Services; (7) circumvents, removes, alters, deactivates, degrades, or thwarts any of the protections in the Services; (8) uses any robot, spider, scraper, or other automated means to access the Services for any purpose without our express, written permission – provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials; (9) takes any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or (10) involves any activity that may negatively impact the Platform as determined by One Click Trading™.
4. PRIVACY & SECURITY DISCLOSURE
By using the Services, you acknowledge and agree that our Privacy Policy is incorporated into this Agreement by reference and constitutes a part of this Agreement and that One Click Trading™ may use any personal data we collect or receive, whether through the use of our Website or our Platform in accordance with our Privacy Policy, which may be viewed at Privacy Policy. Additionally, you grant One Click Trading™ the right to aggregate and de-anonymize data we collect or receive from your use of the Services (“De-Anonymized Site Data”). One Click Trading™ may generate, use and disclose De-Anonymized Site Data for One Click Trading™'s own purposes, including to improve and develop One Click Trading™ products, services, and marketing efforts (such as developing data products and providing aggregate insights to other customers). If you do not agree with our Privacy Policy, please do not use our services
5. INTELLECTUAL PROPERTY RIGHTS
All aspects of our Platform are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Platform or any material on it.
All material on the Platform, including, without limitation, all informational text, animation, illustrations, artwork, software, music, sound, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are either licensed or owned by One Click Trading™. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place One Click Trading™ under any fiduciary or other obligation, and that we are free to use your Feedback without any additional compensation to you, or to disclose your Feedback on a non-confidential basis or otherwise to anyone.
The Materials on the Website or Platform, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the prior written consent of One Click Trading™. Any modification of the Materials, use of the Materials on any networked computer environment or application, or use of the Materials for any purpose other than personal, non-commercial use could constitute a violation of the copyright, trademark and other proprietary rights in the Materials and is expressly prohibited
6. MODIFICATIONS TO THE PLATFORM OR SERVICES
We reserve the right to modify or discontinue access to the Platform (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Platform or Service.
7. PUBLISHER TRADE IDEAS; no END-USER FEES OR PAYMENTS
We provide selected financial and investment publishers (each, a “Publisher”) to whose published content and services you subscribe, in exchange for a fee paid by each such Publisher, with software and an application programming interface (“API”) used in mobile applications or “apps” for access to our Platform. Upon our approval of your Account, each Publisher may distribute impersonal financial/investment material and other information (e.g., investment research, reports and data) to you and non-subscribers via our app, including trading ideas (“Signals”) on various classes of investments and instruments. After considering the investment information and Signals transmitted to you on our Platform, you may, via our proprietary encrypted software connection to the API (the “Interface”), enter the amount, in terms of the monetary value and number of units (e.g., shares, options, etc.) of the instrument(s) that you wish to trade and so instruct the intermediary (a securities or commodity futures Broker described in section 8) that maintains your investment trading account. We are not responsible for any Publisher’s content, Signals, market data, research, or investment insights provided through the Platform. One Click Trading™ does not review, validate, or verify the accuracy, completeness, or timeliness of such data, and makes no guarantees regarding its reliability. Any trading decisions based on these materials are made solely at your own risk. We disclaim all liability for trading losses or financial consequences arising from reliance on third-party information.. One Click Trading™ does not receive compensation, commissions, rebates, or referral fees from Brokers for your transactions. The Platform is entirely independent of Broker relationships, and users do not receive preferential pricing, execution speed, or service based on their choice of Broker.
8. SECURITIES and/OR COMMODITY FUTURES INTERMEDIARIES
As indicated in section 7, upon receiving and considering a Signal you may, via the Interface that is connected to the trade order intake process of a securities brokerage firm or commodity futures intermediary with which you maintain an active customer account (the “Broker”), process trade orders by entering the amount, in terms of the monetary value and number of units (e.g., shares, options, etc.) of the security or commodity futures instrument that you wish to buy or sell. You represent that: (i) the Broker is registered or licensed with all applicable government regulatory authorities to effect transactions and execute trades in securities and/or commodity futures and is in good standing as a member of all applicable self-regulatory organizations, (ii) you have a valid customer account in good standing with the Broker, with no restrictions imposed on your ability to place orders and conduct trades (including being compliant with applicable anti-money laundering laws and Broker policies), and (iii) you are authorized to place trade orders without the approval or consent of any other party. One Click Trading™ does not process, execute, or route orders. All orders are transmitted directly by you to your Broker via our technical interface. We do not control order acceptance, routing, pricing, execution, or settlement. One Click Trading™ is not responsible for execution delays, failed trades, rejected orders, or pricing discrepancies resulting from market conditions or broker-side failures. We assume no responsibility for system downtimes, API failures, or any technical disruptions that may affect trade execution. All trade executions are based exclusively on the prices provided by your Broker at the time of order execution.
You also acknowledge that you must manually input the quantity (monetary value and/or number of units/shares/contracts) of the financial instrument you intend to trade before submitting any trade instruction. Furthermore, after entering the trade details, you will be required to review and confirm your order on a separate confirmation page before final submission. Your trade order will not be transmitted to your Broker until you explicitly confirm the transaction by clicking a final confirmation button (“CTA”) on the confirmation page.
9. third-party promotional content
subject to applicable consumer protection laws and regulations, we are not responsible for promotional content (such as advertisements and banners or references to marketing events) displayed on our platform, as these are provided by third parties. we may display advertisements or announcements about events or products from third parties within the platform and we may inform you of such promotions via SMS, push notifications, email, and other social media platforms (e.g., Telegram, Discord).
One Click Trading™ MAKES NO REPRESENTATIONS ABOUT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR TIMELINESS OF ANY STATEMENT FOUND EITHER ON THE WEBSITE OR WITHIN THE PLATFORM. One Click Trading™ SHALL NOT BE RESPONSIBLE FOR ANY FINANCIAL DECISIONS MADE BY YOU. IN ADDITION, NOTHING IN THESE PLATFORM AGREEMENT SHALL BE CONSTRUED TO GUARANTEE SERVICES FOR YOU FOR ANY PARTICULAR PERIOD OF TIME. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND One Click Trading™ AS A RESULT OF THIS PLATFORM AGREEMENT OR YOUR USE OF THE SERVICES.
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE, PLATFORM, AND ALL SERVICES PROVIDED, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS PLATFORM. WE DO NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIM THAT: (A) OUR SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. One Click Trading™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND One Click Trading™ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL One Click Trading™ OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE PLATFORM OR ANY SERVICE, REGARDLESS OF WHETHER One Click Trading™ HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, One Click Trading™ IS FOUND LIABLE UNDER ANY THEORY, One Click Trading™’S TOTAL AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $5,000.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER One Click Trading™ WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. Mandatory Binding Arbitration AND CLASS ACTION WAIVER
PLEASE READ THis PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE or claim between YOu and One Click Trading™ on an individual basis.
you agree that any DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, One Click Trading™’s Privacy POlicy or terms of use, One Click Trading™’s ADVERTISING OR MARKETING PRACTICES, or One Click Trading™’s products or SERVICES SHALL BE SUBMITTED to binding, final, and confidential arbitration before a single ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. This ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, and The Arbitrator shall be bound by the terms of this arbitration provision. the arbitrator shall have the exclusive and sole auThority for determining whetHEr a Dispute or claim is arbitRable. The Arbitrator shall follow applicable substantive law of the state of DELAWARE to the extent consistent with the faa, and shall be authorized to award all REMEDIES available in an individual lawsuit under substantive law, including, without limitation, compensatory, statutory and punitive damages, declarative, injunctive and other equitable relief, including public INJUNCTIVE RELIEF, and attorneys’ fees and costs where available under applicable substantive law. the arbitrator may only resolve disputes or claims between you and One Click Trading™ and may not consolidate claims or proceedings WITHOUT One Click Trading™’s consent. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. if a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT One Click Trading™ HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS of New YORK, LOCATED IN NEW YORK COUNTY, FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF One Click Trading™’s INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
Unless you timely opt-out, you will not have the right to: (a) have a court or jury decide your dispute or claim; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) participate in a class action in court or in arbitration, either as a class representative, class member, or class opponent; (D) act as a private ATTORNEY general in court or in arbitration; or (E) join or consolidate your dispute or claim with the dispute or claim of any other person. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS of THE DATE that YOU PURCHASED A PRODUCT OR SERVICE THROUGH One Click Trading™’s website BY sending a letter to: attn. legal department, 48bytesNorth, Inc., 46 Howard Street, Suite 209, New York, NY 10013, STATING YOUR NAME AND YOUR INTENT TO OPT OUT OF ARBITRATION.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless One Click Trading™, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of this Agreement, the documents it incorporates by reference; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
You and One Click Trading™ will protect any confidential information of the other party which it may receive or otherwise be exposed to, in the course of exercising its rights or performing its obligations under this Agreement or any other agreements between you and One Click Trading™ (collectively, “Confidential Information”). You and One Click Trading™ will use the same commercially reasonable degree of care to protect the other party’s Confidential Information as it would use to protect its own similar information. You and One Click Trading™ will use Confidential Information only for the purposes of fulfilling its respective obligations or exercising its respective rights under this Agreement. Subject to the foregoing, neither you nor One Click Trading™ will disclose any Confidential Information of the other party to any third party without the prior written consent of the disclosing party, other than furnishing such Confidential Information (i) to its employees, contractors, and authorized agents who are required to have access to the Confidential Information in connection with the exercise of the receiving party’s rights or performance of its obligations under this Agreement or any other agreements between you and One Click Trading™ (including the provision and receipt of Services contemplated hereunder or thereunder) and are bound by written obligations of confidentiality that are no less restrictive than this section, (ii) to its professional advisers (e.g., lawyers, accountants, consultants) that are bound by ethical duties or written obligations of confidentiality that are no less restrictive than this section, and (iii) as otherwise expressly set forth in this Agreement. You acknowledge and agree that we may disclose Confidential Information and Company Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this Agreement; (iii) respond to claims that One Click Trading™ has violated the rights of third parties; or (iv) protect the rights, property, or personal safety of One Click Trading™, its users and the public.
15. THIRD-PARTY WEBSITES AND LINKS
Our website and Platform will include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
A “Force Majeure Event” means any: act, event, omission or accident beyond a party’s reasonable control, including, without limitation, strikes, industrial disputes, failures of a utility service or transport network, acts of God, wars, riots, civil commotions, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accidents, breakdowns of machinery, acts of terror, Internet service provider failures or delays, “denial of service” attacks, Internet infrastructure outages, pandemics, fires, floods or storms, but excluding (a) financial distress or your inability to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) your financial inability to perform your obligations hereunder. One Click Trading™ shall not be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to you for any delay or failure to perform its obligations hereunder if and to the extent such delay or nonperformance is caused by a Force Majeure Event. If One Click Trading™ is affected by the Force Majeure Event, One Click Trading™ shall: (i) promptly inform You of such delay or nonperformance; (ii) use commercially reasonable efforts to avoid or remove the underlying cause of the delay or nonperformance; and (iii) resume performance hereunder as soon as reasonably practical following the removal of the Force Majeure Event.
17. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
One Click Trading™’s website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
48bytesNorth, Inc.
Attn: Legal
Address:8 The Green Dover DE 19901 · USA
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
18. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. One Click Trading™ and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement if some or all of One Click Trading™’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by One Click Trading™ of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by One Click Trading™ to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement is effective until terminated by either you or us, or as otherwise set forth in this Agreement. You may terminate this Agreement by paying all amounts owed and providing appropriate notice to us; except that you will still be responsible for any charges, Fees, fines, and other losses caused by your action or inaction prior to terminating this Agreement. We may terminate this Agreement, or suspend your Account, by providing you notice. If we terminate this Agreement, sections 1 - 20 as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
24. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support by email at legal@oneclicktrading.com.