Effective March 15, 2024
RINDER TRADE
TERMS & CONDITIONS
About Rinder Trade
Rinder Trade, LLC (“Rinder Trade” or “Us” or “We” or “Our”) is engaged in the research, development, and creation of customized educational material and trading media for independent traders, focused on teaching the fundamentals, strategies, tactics, methodologies, all within the construct of the law and industry standards.
Rinder Trade does not hold itself out as a Commodity Trading Advisor (“CTA”), money manager, investment advisor, or financial advisor. Given this representation, all information and material provided by Rinder Trade should not be considered specific investment advice. Rinder Trade is not providing this information as advice, nor are we providing this information based on or tailored to your specific circumstance or trading activity.
Rinder Trade operates a website, http://www.RinderTrade.com/ (“Website”), and a developed proprietary educational trading methodology and set of trading indicators and management tools, separately operated by Rinder Trade, LLC (“Rinder Trade"), using proprietary analytics developed by Us (the “Modules”) that, among other things, integrates Our and third party modules geared towards teaching clients about trading, its markets and forecasts, all in furtherance of instructing on reporting, risk allocation and mitigation, rules-based processes and trade analysis enabling prospective traders, brokers and trading firms to operate seamlessly and symbiotically within an actual trading environment.
We provide You (“You” or the “User”) with a limited license to use its services (the “Services”) accessed through Our Website or platform, are subject to the terms and conditions contained in the Terms and Conditions (the “Agreement” or “Contract” or “T&C”) also consist of Rinder Trade’s: a) Privacy Policy; b) Cookies Policy; c) Disclaimer; and, d) ADA Accessibility Statement (Collectively, “Rinder Trade Contracts”), in addition to any policies promulgated and adopted by Rinder Trade, the terms of which are incorporated herein by reference.
Rinder Trade reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. If Rinder Trade replaces, modifies, or amends this Agreement, Your continued use of the Services after a change in the Effective Date of said changes will constitute Your agreement to any replacement, modification, or amendment to this Agreement.
User Acceptance
Please note that dispute provision of this Agreement contains an arbitration clause and class action waiver. By agreeing to the Terms, You agree to resolve all disputes with Rinder Trade through binding individual arbitration, which means that You waive any right to have those disputes decided by a judge or jury, and that You waive Your right to participate in class actions, class arbitrations, or representative actions. This Agreement sets out Your rights and responsibilities when You use the Services, Website, platform, any mobile apps, and the Services provided by Us. Please read it carefully. By using any of our Services or accessing the Website, you are agreeing to the Rinder Trade Contracts. If You don’t agree with the terms and conditions, You may not use Our Services.
User Representations
I. Age Restriction. By using the Services, You represent that You are at least Eighteen (18) years old, and of legal age in your country of residence, and have basic knowledge of financial markets, foreign exchange, and trading, including but not limited to using custom trading tools, and further, that You have the capacity and authority to agree to and abide by the terms and conditions in this Agreement and Rinder Trade Contracts.
II. User Compliance. You represent that Your use of the Services does not or will not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which You reside or the laws of the nation of citizenship You hold. You further represent that You are not prohibited from entering into this Agreement by the terms of any preexisting agreement with any third party, whether the third party be private or government.
III. No Claims. You represent You are not the subject of any actions, suits, proceedings, claims, arbitrations, or investigations pending or, after due inquiry, threatened, whether civil or criminal or before any governmental authority or agency, and (ii) there is no order, writ, injunction or decree which has been issued by or, requested, of any court or governmental agency which does or may affect Your ability to perform under the terms of this Agreement. Lastly, You understand that Rinder Trade strongly recommends You seek independent legal, financial and tax advice before using the Services and that You have read and understand the risk disclaimer on the Website.
IV. Passwords. User shall take reasonable care to safeguard all passwords, access codes and other access pathways issued to User from time to time by Rinder Trade and will take all appropriate actions not to authorize or permit any unauthorized person to gain access to the Website or User’s account through such issued passwords. User will immediately notify Rinder Trade of any known unauthorized use of the issued passwords and/or access codes.
V. Duty to Inform. User is solely responsible for informing Rinder Trade upon acceptance of the Agreement who the User will be, and any changes made to its access during the term of this Agreement.
VI. Service Interference. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
VII. Survival of Termination. The representations and warranties of Member contained in this Agreement or in any instrument delivered by Member shall survive the date of termination of this Agreement.
Limited License
I. License. Rinder Trade provides You with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license (“License”) to use the Services for their customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services. Additionally, You shall not, and either directly, or indirectly modify, adapt, decompile, translate, disassemble, make derivative works of, or otherwise attempt to derive the source code of the platform, our indicators, any of Our media, the Website, whether in whole or in part, without the prior written consent of Rinder Trade.
II. Use of Intellectual Property. You acknowledge and agree that Your limited use of the Services does not entitle You to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of Rinder Trade or any third-party contractor thereof. You acknowledge and agree that Your use of the Services is limited by the terms of this Agreement, and You expressly agree that You will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. Rinder Trade reserves all of its rights not expressly granted through this Agreement. This License is revocable at any time, and any rights not expressly granted in this Agreement are reserved by Rinder Trade.
Prohibited Uses
I. Unlawful Use. You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
II. Unauthorized Use. You are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks, reverse engineering, or circumventing technological any part of the Website, platform, software, or compromise in any way Rinder Trade’s protection measures as established by Rinder Trade for the protection its Users or the Services or the Website.
III. Non-solicitation. You are also prohibited from using the Services or Rinder Trade’s Website or platform to transmit unsolicited commercial emails to third parties or users of the Services. While Rinder Trade is not responsible for any such content posted by its users and does not have the affirmative obligation to monitor such content, it does reserve the absolute right to remove them.
IV. Restrictions. You agree You will not engage in “Prohibited Trading” which includes but is not limited to:
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Exploiting any errors or latency in the pricing and/or platform(s);
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Accessing or Utilizing non-public and/or insider information for any reason;
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Engaging in the front-running of trades;
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Trading in any way that jeopardizes the relationship between you and any third party for any reason;
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Engaging in any prohibited conduct that may create regulatory issues for any party;
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Participating in any fraudulent activity; or,
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Violating any rules or policies set forth by Rinder Trade.
V. Breach. Rinder Trade shall reserve the right to avail itself to any and all remedies under the Rinder Trade Contracts, including but not limited to forfeiture of any fees paid to Rinder Trade, suspension from accessing Rinder Trade or permanent ban.
INFORMATIONAL USE &
ASSUMPTION OF RISK
ALTHOUGH RINDER TRADE MAY PROVIDE DATA, INFORMATION, INDICATORS AND CONTENT RELATING TO INVESTMENT APPROACHES AND OPPORTUNITIES TO MAKE TRADES, SUCH DATA, INFORMATION AND CONTENT IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. RINDER TRADE DOES NOT INVITE YOU TO TAKE ANY ACTION BASED UPON ANY OF THE INFORMATION AND MATERIALS PROVIDED BY RINDER TRADE; YOU SHOULD NOT CONSTRUE ANY SUCH DATA, INFORMATION, OR CONTENT AS INVESTMENT, FINANCIAL, TAX, LEGAL, OR OTHER KIND OF ADVICE.
RINDER TRADE FURTHER DOES NOT MAKE ANY REPRESENTATIONS THAT ANY DATA, INFORMATION, AND CONTENT ON WEBSITE IS ACCURATE OR COMPLETE. YOU ALONE WILL BEAR THE SOLE RESPONSIBILITY OF EVALUATING THE MERITS AND RISKS ASSOCIATED WITH USING ANY SUCH DATA, INFORMATION, AND CONTENT. AS SUCH, YOU AGREE NOT TO HOLD RINDER TRADE LIABLE FOR ANY POSSIBLE CLAIMS OF DAMAGES THAT MAY ARISE FROM ANY DECISION THAT YOU MAKE BASED UPON THE USE OF DATA, INFORMATION, AND CONTENT LOCATED ON OR DISSEMINATED THROUGH THE RINDER TRADE WEBSITE.
WHILE RINDER TRADE DOES NOT PROVIDE YOU WITH THE OPPORTUNITY TO INVEST ACTUAL CURRENCY, YOU UNDERSTAND THE RISKS INVOLVED WITH TRADITIONAL INVESTING. ADDITIONALLY, YOU ARE AWARE THAT THE RISK OF TRADING AND INVESTING IS HIGH AND SUBSTANTIAL. TRADITIONAL INVESTING MAY OR MAY NOT LEAD TO SUBSTANTIAL LOSSES. ADDITIONALLY, PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING AND INVESTING IS RIGHT FOR YOU DEPENDING ON YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE. IF YOU ARE UNSURE, YOU SHOULD FIRST CONSULT WITH A FINANCIAL ADVISOR AND/OR TAX ADVISOR PRIOR TO MAKING THIS COMMITMENT.
DISCLAIMER
RINDER TRADE, RINDER TRADE’S SERVICES, WEBSITE, PLATFORM OR SOFTWARE (COLLECTIVELY, “RINDER TRADE PRODUCTS”) OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, OR UNAUTHORIZED REPAIR OR INSTALLATION IS NOT COVERED BY THIS WARRANTY. ANY LIABILITY OF RINDER TRADE UNDER THIS WARRANTY WILL BE LIMITED EXCLUSIVELY TO REMEDIATION OF THE PRODUCTS. EXCEPT FOR THE FOREGOING, ALL PRODUCTS IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. FURTHER, RINDER TRADE DOES NOT WARRANT RESULTS OF USE, THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCTS WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSION OR SECURITY BREACH, OR THAT THE USE OF PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. THE PRODUCTS ARE NOT FAULT TOLERANT IN WHICH THE UNANTICIPATED FAILURE OF THE PRODUCTS COULD LEAD TO DAMAGES TO YOU. TO THE EXTENT YOU USE THE PRODUCTS, IT EXPRESSLY ASSUMES ALL RISK THEREFORE.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, AND EXCEPT FOR INJURY CAUSED BY WILLFUL MISCONDUCT BY RINDER TRADE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, RINDER TRADE SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO THE PROVISION OF THE PRODUCTS (INCLUDING WITHOUT LIMITATION INDEMNIFICATION OBLIGATIONS) OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS PAID BY MEMBER FOR THE PRODUCTS LICENSED HEREUNDER OR (II) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOST INVESTMENTS, LOSS OF USE OR DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, BUSINESS INTERRUPTION OR COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF THE LICENSE, PERFORMANCE OR USE OF THE PRODUCTS, ANY OTHER MATERIALS PROVIDED BY RINDER TRADE OR OTHER SERVICES PERFORMED BY RINDER TRADE, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT OR ANY OTHER CLAIM, INCLUDING NEGLIGENCE AND STRICT LIABILITY, EVEN IF RINDER TRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES YOU ACKNOWLEDGE AND AGREE THAT RINDER TRADE WOULD NOT ENTER INTO THIS AGREEMENT UNLESS IT COULD RELY ON THE LIMITATIONS DESCRIBED IN THIS PARAGRAPH.
Account Creation
To register as a user, You may be asked to provide personal information, including, but not limited to Your name, email address, mailing address, phone number, date of birth and a username and password for an account that is unique to You. The information provided is subject to Rinder Trade’s Privacy Policy.
The account will be personal to You, and You cannot share it with or assign it to anybody else. You will be responsible for maintaining the confidentiality of Your username and password. If You suspect that Your account has been breached, You must immediately notify Rinder Trade at support@RinderTrade.com.
Purchases and Refunds
Rinder Trade may provide products, analysis indicators, services, subscriptions to You, or access to certain portions to Rinder Trade’s Website for a monetary fee. Prices and availability are subject to change without notice. Rinder Trade may allow for such purchases within its Website or via a white label affiliate. It is Your responsibility to thoroughly read and understand any such terms and conditions. Upon the complete purchase of the Services Rinder Trade will make the Services. All payments shall be made in U.S. Dollars. There are no refunds on any Services purchased from Rinder Trade.
Guidelines
Rinder Trade will display the guidelines and policies associated with the Services on Rinder Trade’s Website and submit to You via email, upon registration as a user. These guidelines, which may change from time to time in Rinder Trade’s sole discretion, are incorporated in whole into this Agreement. Rinder Trade makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise to future approval as a trader, monetary payments, or any other type or kind of compensation or award for Your performance as a user.
Trademarks
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on Rinder Trade Website by Rinder Trade, are common law or registered trademarks owned by or licensed to Rinder Trade. You are expressly prohibited from using the trademarks of Rinder Trade that may either, directly or indirectly cause consumer confusion, cause mistake, deceive consumers, or from falsely designating the origin of, source of, or sponsorship of Your goods or services. You are further prohibited from using the trademarks of Rinder Trade in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
You acknowledge and agree that Rinder Trade’s Website, its suppliers, strategic partners and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on Rinder Trade’s Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Rinder Trade’s or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission of Rinder Trade. You cannot modify, distribute or re-post anything on this Website for any purpose.
Rinder Trade names and logos and all related products and services and our slogans are the trademarks or service marks of Rinder Trade or licensed to Rinder Trade. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on Rinder Trade’s Website. Access to Rinder Trade’s Website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, indicators, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Rinder Trade Website or any related software. All software used on the Rinder Trade Website is the property of Rinder Trade or its affiliates, subsidiaries or suppliers and are protected by the laws of The United States of America. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Rinder Trade Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Rinder Trade, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of The United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on Rinder Trade’s Website is the exclusive property of Rinder Trade and is also protected by the laws of The United States of America.
PROP TRADING DISCLAIMER
Rinder Trade is an affiliate of Prop Account, LLC. All funding assessments are provided by Prop Account, LLC and all assessment fees are paid to Prop Account, LLC. If you qualify for a Funded Account, you will be required to enter into a Trader Agreement with Prop Account LC. Neither Prop Account, LLC nor Prop Account LC provides any trading education or other services. All such educational services are provided by Rinder Trade. Terms and Conditions for the Prop Trading Program can be found here.
DISCLOSURE STATEMENT
You acknowledge and agree that the information provided on this Website is for general and educational purposes only. None of the information provided by Rinder Trade and herein should in any way be construed as investment advice or an offer, recommendation, solicitation or endorsement of any security, commodity, or entity. Using this Website and information provided by Rinder Trade is at Your own risk and we strongly recommend seeking independent legal, tax and investment advice from qualified professionals before using this Website or related links. Rinder Trade may provide links to other websites, including to proprietary trading firms, which must be vetted independently by You. Such links are not endorsements of any information, services, or companies to which the links are connected. Rinder Trade assumes no responsibility or liability for any use or misuse of its Website or information or links. Rinder Trade does not provide any brokerage or investment services under any jurisdiction, including but not limited to, any securities or commodities acts in the United States, U.K., E.U. or any other country. You must not use this Website, Services or software and links if prohibited where You live or based on Your citizenship or residence. Actual trading may be highly risky and speculative and result in the full loss of one’s investment and additional costs. Rinder Trade’s Website does not provide any trading services. Additionally, any fees paid to learn or use market data is a cost that You should be able to afford without affecting Your lifestyle and financial wellbeing. There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price of the products You are trading. Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on Your funds. This may work against You as well as for You. Although Rinder Trade does not provide live trading of financial instruments, any simulated trading still involves hypothetical performance risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. Rinder Trade is not responsible for communication failures or delays when trading via the Internet.
CFTC Rule 4.41 – SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
Term and Termination
This Agreement shall commence upon the date of acceptance as set forth in this Agreement, and shall continue in full force perpetually unless Rinder Trade terminates this Agreement in its sole and absolute discretion, resulting in full revocation of access to the Website and Services with immediate effect and without notice.
If it is suspected or found by Rinder Trade that you have engaged in any illegal or unethical activities which may cause damage to Rinder Trade’s reputation, its brand or have violated any law in any jurisdiction, then Rinder Trade will not only revoke your subscription and access to the Website and Services but also may be required to report You to the applicable authorities.
Indemnification
You shall indemnify and hold Rinder Trade harmless, as well as Rinder Trade’s officers, directors, employees, affiliates, subsidiaries, and agents (Collectively, the “Indemnified Rinder Trade Parties”) against any and all claims, actual or threatened, causes of action, judgments, losses, damages, costs, expenses, including, but not limited to reasonable attorneys fees and costs, arbitration costs, any injury for any reason by any of the Indemnified Rinder Trade Parties may directly, or indirectly, sustain or incur, actual or threatened, for an wrongful acts or as a result of User’s: (i) breach of any of the provisions of this Agreement or Rinder Trade Contracts; (ii) representations or statements about Rinder Trade, its officers, employees, agents, actions not specifically authorized herein or otherwise in writing; and, (iii) violation of any applicable federal, state or local law, or any regulation in any jurisdiction which You are situated.
Arbitration
In the event You and Rinder Trade (“Parties”) are unable to resolve your dispute, then the dispute shall finally be settled under the Rules of Arbitration of the American Arbitration Association (“AAA”) an arbitrator appointed in accordance with such rules. The Parties agree that in the event of arbitration or mediation, the venue shall be Wright County, Minnesota. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrators, its reasonable attorneys’ fees and costs, including the costs of the arbitration. Judgment on any arbitral award may be entered in a court of competent jurisdiction located in Wright County, Minnesota. The Parties shall keep confidential: (i) the fact that any arbitration occurred; (ii) any awards awarded in the arbitration; (iii) all materials used, or created for use in the arbitration; and (iv) all other documents produced by another party in the arbitration and not otherwise in the public domain, except, with respect to each of the foregoing, to the extent that disclosure may be legally required (including to protect or pursue a legal right) or necessary to enforce or challenge an arbitration award before a court or other judicial authority.
Force Majeure
Rinder Trade shall not be liable to User for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, pandemic, epidemic, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to Rinder Trade, User, or third-party service provider. Any interruptions to the Services under this section shall not exclude the User’s obligation to make prompt payment to Rinder Trade.
Knowing and Voluntary
The parties each acknowledge and represent that they have carefully read and understand all of the provisions of this Agreement, and the terms and conditions set forth in this Agreement. The parties further acknowledge and represent that they enter into this Agreement freely, knowingly, and without coercion and based on their own judgment. Each party has been given an opportunity to have an attorney of its choice review and advise that party of the effect and meaning of this Agreement. The only promises made to any party about this Agreement, and to sign this Agreement, are contained in this Agreement, and the parties are agreeing to this Agreement voluntarily.
Survivability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement and the provisions held to be invalid or unenforceable shall be deemed amended in such a manner as to render them enforceable and to effectuate as nearly as possible the original intentions of the parties.
Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement and the provisions held to be invalid or unenforceable shall be deemed amended in such a manner as to render them enforceable and to effectuate as nearly as possible the original intentions of the parties.
Interpretation
The parties each acknowledge that this Agreement was fully negotiated by the parties and, therefore, no provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision.
Assignment
You are expressly prohibited from assigning Your rights and duties under this Agreement. Rinder Trade reserves the right to assign its rights and duties under this Agreement, including in a sale of Rinder Trade or its Services.
No Waiver
No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the Party charged with the waiver or estoppel. No written waiver shall be deemed a continuing waiver unless specifically stated therein, and each waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of the term or condition for the future or as to any act other than that specifically waived.
Entire Agreement
This Agreement contains the entire agreement between Rinder Trade and the User regarding the use of the Services and supersedes all prior understandings, agreements, or representations between Rinder Trade and User, whether written or oral.
COOKIES AND PRIVACY POLICY
This Rinder Trade Cookies and Privacy Policy (“Certain parts of our website (“Site”) and platform and App require cookies. You can set your browser or operating system settings to limit certain or to decline cookies, but by doing so, you may not be able to use certain features on the Site or App or take full advantage of all of our offerings. Please refer to your web browsers or operating system’s website or "Help" section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.
Our system will respond to Do Not Track requests or headers where it is technically feasible. Rinder Trade may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. To understand your choices for receiving more relevant advertising or to manage your settings, please review the information below:
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To learn more about managing your privacy and storage settings and opting out from receiving third party advertiser cookies, you may visit the Network Advertising Initiative’s opt-out page at http://www.networkadvertising.org/managing/opt_out.asp.
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If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout/.
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On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
Q: How does Rinder Trade use the information collected?
A: Rinder Trade may use the information we collect from and about you for any of the following purposes:
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To validate, confirm, verify, deliver, install, and track your account (including to process payment card transactions, arrange for access, credentials, handle credits and refunds, maintain a record of the purchases you make, and contact you about your orders, sweepstakes, enrollment, use of Site, App or Platform including by telephone), training modules and training courses related to trading or educational service products/modules you purchased from us, or connect you with other clients, members, or prospective members.
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To enhance your online experience, including as a way to recognize you and welcome you to the Site or App or when you contact us for client service.
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To send you information, newsletters, promotional materials and other offerings from Rinder Trade or on behalf of our partners and affiliates.
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To provide you with customized Site or App content, targeted offers, promotions and advertising on the Site or App, through other third-party sites or apps, or via email, text messages, or App push notifications that are offered by Rinder Trade or other marketing partners that might be of interest to you.
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To improve our Sites, educational and trading platform products/services, client service, and improving your Rinder Trade experience.
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To use your data in an aggregated non-specific format for analytical and demographic purposes.
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To protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users.
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To contact you when necessary or requested, including responding to your questions and comments and providing client support.
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As otherwise described to you at the point of data collection.
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As otherwise allowed by law for our own internal purposes to improve our performance as an educational trading platform, trading platform and to uphold the Rinder Trade’s compliance with applicable Federal, State, and local laws, its security, image and brand.
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For external purposes where we believe those external purposes are consistent with the Rinder Trade brand image or allow for a Rinder Trade style experience to extend beyond our Site, App, Products or Services.
Q: What information does Rinder Trade sell or share with others?
A: Rinder Trade will never sell or rent your personally identifying information to third parties. Rinder Trade shares personal information with others to be able to improve our service and offerings to you and to enable the extension of the Rinder Trade brand and experience beyond our stores, sites, or Services. For California residents, see California Privacy Information below. In addition, Rinder Trade may share personal information we collect from and about you in the following ways:
Co-Marketing Partners: Certain areas of the Services may be provided to you in association with third parties, such as companies that provide products and services, rewards programs, membership programs, conduct joint sales programs, sweepstakes, promotional campaigns, and other jointly sponsored events. Such Services will identify the third party. If you elect to register for any products and/or services provided during the Services, you either will be providing your information to both Rinder Trade and such third party, or Rinder Trade might share your information directly with such third party for that third party to fulfill their products and our products and services directly with you.
Other Third Parties: Rinder Trade may share your information with select partners, affiliates, and other third parties that we believe may have offers or be of interest to you in support of your client experience with us or others or to extend the Rinder Trade brand experience beyond our sites, stores, and Services.
Legal Disclosures; Safety: Rinder Trade may transfer and/or disclose the information we receive from and about you to comply with a legal obligation; to provide information to law enforcement and other governmental authorities in accordance with applicable law, and when we believe in good faith that the law requires it. We also reserve the right to share information with legal authorities and other companies for fraud protection and credit risk reduction, to detect any technical or security vulnerabilities, to enforce our Terms of Use or other applicable policies, or to otherwise protect the rights, property, safety, or security of third parties, users of the Services, Rinder Trade, or the public.
Sales of Business: During the normal course of our business, we may sell or purchase assets, or expand our Services to include additional features on our educational platform to include actual trading accounts. If another entity acquires all or a part of a business owned or operated by us, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against a business owned or operated by us, such information may be considered an asset of the company and may be sold or transferred to third parties. Should a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personally identifiable information provided through the Services in a manner that is consistent with this Privacy Policy.
Service Providers: We use third-party "service providers" to perform certain services on our behalf when the information is necessary for them to perform their duties. These third-party service providers are prohibited from using personal information for any other purpose and are contractually required to comply with all applicable laws and requirements, which may include Industry Data Security Standards if they are processing or transmitting payments for Rinder Trade.
Aggregate or Anonymous Non-Personal Information: We may also share or sell aggregate or anonymous information with or to our affiliates, agents, service providers, business partners, or other third parties for their marketing or analytics uses or for other lawful purposes. This type of non-identifiable and aggregate information cannot be used to identify you personally.
Q: How can I view or update my information?
A: If you have registered for an account, you may view and update your account information by logging into the "My Account" section of the Site or App with your email address and password. Once logged in, you can view or update your name and your relevant related-account details. You can also contact our Client Service Department via email at support@RinderTrade.com to access or update any of this information.
Residents of California and certain countries, including European Union member states (and the United Kingdom), may have additional rights listed under "Your California Rights" and "What if I live outside of the United States?"
Q: What choices do I have about receiving communications from Rinder Trade?
A: To receive promotional offers from Rinder Trade, you can sign up on our Site or App or contact a Client Service representative. If you register for an account or make a purchase, you will automatically receive promotional emails and direct mail from Rinder Trade. We provide our clients with the opportunity to "opt out" of receiving emails or direct mailings other than those for purposes directly related to placement, processing, fulfillment or delivery of a product order or your transactions with us. We provide you with the following options if you prefer to "opt out" of receiving information or materials that we think may be of interest to you:
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Electronic Promotional Offers: At all times, you have the option of "opting out" of receiving promotional emails from the sender only by clicking the "unsubscribe" link in any of the promotional emails you receive. In addition, if you have an online account, you may change your email preferences regarding email from us by logging into the "My Account" section of the Site or App.
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Push Notifications: When you use the App, you may receive push notifications. If you prefer not to receive push notifications, you may adjust your settings on your mobile device to control whether you want to receive these alerts.
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App Geolocation Information: When you use the App on your mobile device, you may choose not to share your geolocation information with us by adjusting the device’s location service settings.
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Other Contact: In all cases, you may email us at support@RinderTrade.com.
If you receive marketing communications from one or more companies associated with Rinder Trade, you must opt-out individually from each of the companies from which you are receiving company-specific marketing communications.
Q: What about security?
A: We have taken certain physical, administrative, operational, and technical steps to safeguard the information we collect from and about our clients, traders, members, and Site visitors. While we make every effort to help ensure the confidentiality, integrity and availability of our network and systems, we cannot guarantee our security measures. When you enter sensitive information (such as credit card information) on our forms, we encrypt the transmission of that information.
Q: What about other websites?
A: Our Site or App may include links to third-party websites or apps that are not affiliated with Rinder Trade. These websites or apps may send their own cookies to visitors, collect data or solicit your information. The privacy policies of these other websites or apps may be very different from our policy. We are not responsible for the privacy practices of these other websites or apps and cannot guarantee the security of any personal information you provide to or that is collected by such third-party sites or apps.
Q: For how long and where is my data stored?
A: Your personal information may be stored for as long as is reasonably necessary to perform the purposes listed under "How does Rinder Trade use the information collected?" For example, if you create an online account with us, we will store any personal information associated with your account for as long as you remain a client or we believe we may be in a position to provide offers or services to you. If you make a purchase, we will store any personal information associated with that purchase as long as required to fulfill the order, process any returns, provide client service and support an enhanced educational and trading experience, remember your preferences for future interactions, or be able to provide you with offers or services. Your personal information is subject to the laws of the United States. The servers and databases in which information may be stored may be located outside the country from which you accessed the Services and, in a country, where the data protection and other laws may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate.
Q: What if I live outside of the United States?
A: For residents of the European Union (and United Kingdom), Rinder Trade is the data controller responsible for your personal information collected pursuant to this Privacy Policy. Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred to, processed, and stored in the United States, and allow Rinder Trade to use and collect your personal information in accordance with this Privacy Policy.
In addition, residents of certain countries, including European Union member states (and the United Kingdom), have some or all of the following rights with respect to personal information collected from and about them on the Services: the right to request access to, and the correction, erasure, and/or restriction of processing of, such personal information; in some instances, the right to object to the processing of such personal information; in some instances, the right to request that Rinder Trade export, in a structured, commonly used, and machine readable format, and transmit to another controller, such personal information; and the right to withdraw, at any time, any consent to the processing of such personal information. To exercise these rights, please contact Rinder Trade via email at support@RinderTrade.com.
Q: How does Rinder Trade communicate changes to this Policy?
A: Any changes to our Privacy Policy will be noted on the home page of the Site and App with a link to the revised Privacy Policy. Your continued use of the Site or App following posting of changes to these terms will mean you accept these changes. If we change our practices in a way that requires revising the Privacy Policy in a material way, we will provide appropriate notice to you on our Site.
Q: Whom do I contact if I have additional questions or concerns about this policy?
A: We welcome you to reach out if you have any questions or concerns regarding our privacy practices or to request a copy of this Privacy Policy in another format. Please feel free to contact Rinder Trade via email at support@RinderTrade.com. You also have the right to submit feedback about this Privacy Policy, or the practices described herein, to the applicable supervisory authority in your jurisdiction of residence. For all unsubscribe requests, contact support@RinderTrade.com.
CALIFORNIA PRIVACY INFORMATION (“CCPA”)
The following section sets forth privacy information relevant to residents of California, including (1) Personal Information we have collected, used, and shared about you, and (2) your California Privacy Rights. Capitalized terms used but not otherwise defined in this section have the meanings associated with them under relevant California law.
Information We Collect, Use and Share about California Residents
For the 12-month period prior to the date of this Privacy Policy, we explain here what categories of Personal Information we have collected, where we got it from, why it is needed, and with whom we have shared it:
In addition and as set forth below, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information Rinder Trade has been "sold" about you. Please be assured that Rinder Trade does not sell or rent your personally identifying information to third parties. Instead, there are instances where Rinder Trade has shared Personal Information in order to provide our clients with personalized services or customized offers to improve your educational or trading experiences through our Services or through our Site or App. Rinder Trade does this in ways that are intended to extend the Rinder Trade educational and trading experience to our clients in a variety of environments. Depending on the circumstances and the contractual obligations in place, this sharing may be considered a "sale" under California law and you may have the right to request that we stop such sharing as more fully set forth below. This sharing may include:
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identifiers such as a device or browser identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; client number, Internet Protocol address, online identifier, and other forms of persistent identifiers;
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commercial information, including records of products or services purchased, obtained, or considered, and other purchasing or consuming histories;
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internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or marketing; and
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inferences drawn from any of the information identified above to create a profile about you reflecting your preferences and behavior.
Your California Rights (California Consumer Privacy Act [“CCPA”])
If you are a California resident, the California Consumer Privacy Act provides you with the following rights with respect to your Personal Information:
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Request to Know -- the right to request to know the categories or specific pieces of Personal Information we have collected, used, disclosed and sold about you. The easiest way to submit a request to know is to contact Rinder Trade via email at support@RinderTrade.com. You also may designate an authorized agent to make a request to know on your behalf and that agent may make the request in the same way.
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Request to Delete -- the right to request that we delete any Personal Information we have collected about you. The easiest way to submit a request to delete is to contact Rinder Trade via email at support@RinderTrade.com. You also may designate an authorized agent to make a request to delete on your behalf and that agent may make the request in the same way.
When you exercise these rights and submit a request to us, Rinder Trade will verify your identity by asking you to either log in to your account if you have one with us, or confirm your client ID and other verifiers, along with encrypted email verifiers. Or if you do not, Rinder Trade may ask for your email address, order numbers of previous transactions, or other information we think would allow us to verify your request. Rinder Trade also may use a third-party verification provider to verify your identity. The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our Site, App, platform and Services.
California Privacy Rights on Direct Marketing (Shine the Light Requests)
If you are a California resident, the California Shine the Light law gives you the right to request information about our disclosure of Personal Information to third parties or affiliated companies for their direct marketing purposes. This information would be included in a response to a request to know as set forth above, so you may elect to make that request. Or to make a shine the light request, please submit a written request to the following email address specifying that you want a copy of Rinder Trade "California Privacy Rights" notice: support@RinderTrade.com. Please include "Attn: California Privacy" in the subject line. Rinder Trade is not responsible for notices that are not labeled or sent properly, or do not have complete information. Please allow up to 30 days for us to process your request. You may submit such a request once per year.
Non-affiliated third parties are independent from Rinder Trade and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.
General Data Protection Regulation (“GDPR”) for our Users and Clients
For residents of the EU, please note that this Privacy Policy Statement has been updated in accordance with the requirements of the EU General Data Protection Regulation (GDPR). For residents of the US and non-EU countries, by visiting, joining, or using this Website, or otherwise indicating that you agree to this Privacy Policy Statement, you consent to, and authorize our use of your personal information as described in this Privacy Policy Statement. For further information related to the GDPR, its purpose and Our determination to comply, feel free to click https://gdpr.eu/. In short Our team does its follows the principles of “data protection by design and default.” As prescribed by the GDPR.
CONTACT INFO
Have questions? Please contact us with any and all questions, comments, or issues.
EMAIL: Info@RinderTrade.com
All investments involve risk, and the past performance of a security, industry, sector, market, financial product, trading strategy, or individual's trading does not guarantee future results or returns. Investors are fully responsible for any investment decisions they make. Such decisions should be based solely on an evaluation of their financial circumstances, investment objectives, risk tolerance, and liquidity needs.
For any further discussion or notice regarding these Terms & Conditions or Policies, our designated legal officer / liaison information is:
Sarfati Corporate Law, PA
2670 NE 215th Street
Aventura, FL 33180
Attention: Dan Sarfati, Esq.