ProofTrader Terms, Conditions, and Privacy Policy
Last Updated: October 26, 2010
Registration to ProofTrader is free. We insist that you abide by the rules and
policies detailed below.
Although ProofTrader, Inc and its officers and employees (hereafter referred to
as "PT" or "we" or "us" or "ProofTrader") will attempt to keep all objectionable
content off this site, it is impossible for us to review all articles, comments,
and images. All content expresses the views of the author, and PT will not be held
responsible for the content of any user-submitted text or images.
Contributors' articles shall not be construed as financial advice, only market commentary.
By agreeing to these rules, you warrant that you will not post any content that
may be considered by a reasonable adult as obscene, vulgar, sexually explicit, hateful,
threatening, or otherwise in violation of any laws of your home state, the
State of Delaware, or federal laws of the United States of America.
ProofTrader reserves the right to remove, edit, move or disable any content for
any reason.
Terms of Use
In using this Site, you agree to our Privacy Policy and to the Terms and Conditions
listed here. ProofTrader may revise these Terms and Conditions at any time by updating
this posting. You should visit this page periodically to review these Terms and
Conditions, because they are binding on you as changed.
Content
Except as specifically indicated otherwise, the text, graphics, images, videos,
information and all other materials ("Materials") on this Site are copyrights, trademarks,
trade names or other intellectual property owned, licensed or otherwise controlled
by ProofTrader. ProofTrader authorizes you to view the Materials on ProofTrader
web pages, download or make a single copy of all or a portion of the Materials only
for your personal noncommercial use. You may not otherwise copy or download Materials,
and may not modify, use or distribute the Materials, this Site or any related software
in any way unless you obtain the advance written permission of ProofTrader. In the
event you download Materials for your personal noncommercial use, you must retain
all copyright and other proprietary notices contained on the Materials. If you violate
these Terms and Conditions, your permission to use the Materials terminates, and
you must immediately destroy all copies of the Materials.
Accessing the Site
ProofTrader wants you to browse this Site freely. However, you do so at your own
risk. By using this Site, you acknowledge and agree that ProofTrader is not responsible
or liable for damages of any kind (including but not limited to direct, indirect,
incidental, consequential or punitive) related to your use of the Site. You agree
to indemnify and hold ProofTrader harmless from and against any and all claims,
damages, costs and expenses, including without limitation, attorneys' fees, arising
from or related in any manner to your use of the Site or any of the Materials.
ProofTrader provides the information on the Site on an "as-is" basis, without any
warranties of any nature. ProofTrader disclaims all express and implied warranties,
including merchantability, non-infringement and fitness for a particular purpose.
In no event will ProofTrader be liable for any loss of profits, business, use or
data or for indirect, special, incidental or consequential damages of any kind whether
based in contract, negligence or other tort. ProofTrader may make changes to the
Materials and the product information and prices at any time without notice and
without obligation to update the Materials.
ProofTrader is not able to inspect or confirm that the Materials contained on the
Site that are linked to this page are correct in every case. From time to time there
may be information on the Site that is inaccurate or incomplete, or that contains
typographical errors. ProofTrader may change information on the Site at any time
without prior notice.
If you are dissatisfied with ProofTrader.com, you do not agree with any part of
this agreement, or you have any other dispute or claim with or against ProofTrader
with respect to this agreement or ProofTrader.com, then your sole and exclusive
remedy is to discontinue using ProofTrader.com.
Outside Links
ProofTrader may provide links to third party web sites solely as a convenience to
you and not as an endorsement. Your use of such websites may be subject to terms
and conditions established by those websites. ProofTrader has no control over websites
that are not ours. ProofTrader assumes no responsibility for the content of any
sites it links to and has not reviewed the content of such sites. Your access of
those sites is at your own risk.
Feedback
ProofTrader welcomes your feedback at various places in the Site. You agree that
when submitting feedback, you will not violate the rights of third parties, including
without limitation, privacy, proprietary or intellectual property rights, and you
will not submit libelous, obscene, abusive, or otherwise illegal materials.
Any communication or other material you send to the Site by e-mail or other means,
including your questions or comments, is considered non-confidential. By sending
communications to this Site, you grant ProofTrader a royalty-free, perpetual, non-exclusive
license to use, reproduce, modify, edit, distribute, perform and display any communication
or other materials you transmit to the Site (and the ideas contained in such material)
for any purpose, anywhere, including reproducing, posting or publicizing such material
or using such material for marketing purposes.
ProofTrader makes no claims that the Materials are appropriate or may be downloaded
outside of the United States. Access to the Materials by certain persons in certain
countries may not be legally allowed. If you access the Materials outside of the
United States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
Venue
This Site, including, but not limited to, these Terms of Use and the Site Privacy
Policy shall be construed and enforced in accordance with the laws of the State
of Delaware without regard for conflict of law principles. Venue for any dispute
regarding anything contained within and/or resulting from access to this Site shall
lie exclusively in the State of Delaware.
Privacy
Our Commitment to Online Privacy
This is the web site of ProofTrader, Inc. You can contact us in writing by
using the feedback link on our website or by sending email to feedback@prooftrader.com.
We highly value our user relationships
and we want to make sure that you understand the details of how our products and
services utilize the information you provide to us. This Privacy Policy outlines
what information we collect, how we collect it and what we do with that information.
Unless stated otherwise, you grant ProofTrader a non-exclusive, irrevocable, royalty-free
license for full and unrestricted use of all information transmitted, printed or
otherwise submitted via this Website.
This Website contains links to other sites and we are not responsible for the privacy
practices or the content of such sites.
Information We Collect
We collect aggregate information on what pages you access or visit, information
volunteered by you, such as site registrations, order information and other personal
information that you knowingly and willingly volunteer through any of our on-line
forms, registration forms and pages.
For each visit to our Web page, our Web server automatically recognizes your IP
address and domain name, type of client computer, type of Web browser, type of operating
system, pages you are visiting and referring URLs.
Upon request we provide site visitors with access to a description of information
that we maintain about them. You can access this information by sending us an email
via the feedback link on prooftrader.com.
We Do Not Intend to Collect Data from Children
Individuals under thirteen (13) years of age are not permitted to utilize ProofTrader.
By agreeing to these terms, you are certifying that you are at least thirteen years
of age.
Gramm-Leach-Bliley Act and California Financial Privacy Act Notice
For purposes of compliance with the Gramm-Leach-Bliley Financial Modernization Act
of 1999, 15 U.S.C. 6802 (the "GLB Act") and the California Financial Privacy Act,
Calif. Fin. Code 4050 et. seq. ("CFPA"), this Privacy Policy shall serve as both
your initial customer relationship and annual "Privacy Notice" as defined under
the GLB Act and the CFPA.
How We Gather the Information
We use cookies to record session information, record specific information on what
pages you access or visit, record past activity at our site in order to provide
better service when you return to our site.
A cookie is a piece of data stored on your hard drive containing information about
you. Cookies have many benefits to enhance your experience at our Website. For instance,
by setting a cookie on our Website, a user would not have to log in a password more
than once, thereby saving time while on our Website. Even in the case where a user
rejects a cookie, they may still use our Website. The only drawback to this is that
the user will be limited in what he/she can access in some areas on our Website,
much like visitor-level access.
We use third-party advertising companies to serve ads when you visit our website.
These companies may use information (not including your name, address, email address,
or telephone number) about your visits to this and other websites in order to provide
advertisements about goods and services of interest to you. If you would like more
information about this practice and to know your choices about not having this information
used by these companies, visit
www.google.com/privacy_ads.html.
How We Use Your Information
The information we collect is used to improve the content of our Website, to customize
the content and/or layout of our pages and to contact you with content we think you may be interested in.
Your personal information will never be sold for marketing purposes.
We reserve the right to release current or past user information in the event we
believe that the service and/or Website is being or has been used in violation of
the Website’s Terms and Conditions, or to commit unlawful acts, if the information
is subpoenaed, if we are sold or acquired, or when we deem it necessary or appropriate.
By agreeing to these conditions, you hereby consent to disclosure of any record
or communication to any third party, when we, in our sole discretion, determines
the disclosure to be appropriate including, without limitation, sharing your e-mail
address with other third-parties for suppression purposes in compliance with the
CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission
enabling regulations.
In addition, in the event we consider a transaction involving the purchase or sale
of our assets or stock, other companies may review our records, including your information,
to make business decisions about the transaction. Likewise, your information may
be transferred to third parties in the event of the sale or acquisition of our company
or any of its assets. The parties who perform services for us (credit card processors,
merchant banks, our internet service provider, etc.) also may have access to your
information in performing their services.
From time to time, we may use customer information for new, unanticipated uses not
previously disclosed in our privacy notice. If our information practices change
at some time in the future we will post the policy changes to our Website to notify
you of these changes and provide you with the ability to opt out of these new uses.
If you are concerned about how your information is used, you should check back at
our Website periodically. Your continued use of our service, website or acceptance
of our e-mails following the posting of changes to this Policy will mean that you
accept any and all such changes.