Ptrades.com User Agreement & Terms of Service

This agreement describes the terms on which you may access and use our services. In order to become a ptrades.com user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Ptrades.com Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services. You are also voluntarily assuming these Risks, which really only apply to real trading, but we educate you about them anyway.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Ptrades.com service indicates your acceptance of the amended User Agreement.

Description of Service

Ptrades.com is an entertainment game web site where users may practice simulated trading, search for information or advice about trading, and where any variety of advertisers of information, financial or other services offer themselves to the public for a fee. Ptrades.com is an entertainment site with non-monetary accounts, and is is in no way an advising, referral or financial service. We do not promote or advise trading commodities with real money. You may NOT see similar results in any real world trading as you experience on this site.

Membership Eligibility

The Ptrades.com service is not available to minors under the age of 18 or to any users suspended or removed from the system by Ptrades.com for any reason, completely at our discretion. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Ptrades.com account to another party. Membership of the site is void where prohibited. If you do not qualify, you may not use the Ptrades.com service. Ptrades.com reserves the right to monitor and restrict any kind of on site activity.

Use of Service

Your use of the Ptrades.com service is governed by this User Agreement. Ptrades.com may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Ptrades.com of any unauthorized use of your password or account or any other breach of security. Ptrades.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that Ptrades.com may, with or without cause, immediately terminate your Ptrades.com account and access to the Ptrades.com service without prior notice. Without limiting the foregoing, the following will lead to a termination by Ptrades.com of a user's use of the Ptrades.com service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Ptrades.com account includes removal of access to all offerings within the Ptrades.com service and may also bar you from further use of the Ptrades.com service. Furthermore, you agree that all terminations shall be made in Ptrades.com's sole discretion and that Ptrades.com shall not be liable to you nor any third-party for any termination of your account or access to the Ptrades.com service.

User Conduct

You understand and agree not to use Ptrades.com to:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the Ptrades.com service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, during the registration process and in any other section where we indicate a need for honest and accurate information. Furthermore, you will not misrepresent your experience, occupation or other credentials to users of the site, either in your profile or in your posts and other site communications, and if you do, Ptrades.com will not be held liable for any consequences of this fraudulent and potentially criminal behavior.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). Any user create or posted content is the responsiblity of the user and not Ptrades.com, so we will not be liable for the existence of any such information on Ptrades.com
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation. This prohibition includes but is not limited to using Ptrades.com invitations to send messages to people who don't know you.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Ptrades.com service.
• Post content in fields that aren't intended for that content.
• Take any action that imposes an unreasonable or disproportionately large burden on site's infrastructure.
• Interfere with or disrupt the Ptrades.com service or servers or networks connected to the Ptrades.com service, or disobey any requirements, procedures, policies or regulations of networks connected to the Ptrades.com service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using the Ptrades.com service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Ptrades.com website or otherwise providing materials to Ptrades.com, you are granting to Ptrades.com a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Ptrades.com service. Furthermore, you understand that Ptrades.com retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Ptrades.com service is the sole responsibility of the person from which such content originated and that Ptrades.com will not be liable for any errors or omissions in any content. You understand that Ptrades.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Ptrades.com service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which Ptrades.com does not have control. Such links do not constitute an endorsement by Ptrades.com of those sites. You acknowledge that Ptrades.com is providing these links to you only as a convenience, and further agree that Ptrades.com is not responsible for the content of such sites. Your use of those sites is subject to the terms of use and privacy policies located on the linked to sites.

Access to Service

Use of manual or automated software, devices, or other processes to crawl or spider any web pages contained in the Ptrades.com website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to frame or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. Exceptions to this can be contractually negotiated with Ptrades.com. Exception is aprior granted to google, msn, yahoo, ask and any other web search service with at least 1% of the US search query volume.

Ptrades.com Communications

In the course of providing you services, Ptrades.com may need to communicate with you via email and/or instant messaging (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Ptrades.com service, including a series of welcome emails, periodic account status updates, and other announcements at the sole disgretion of Ptrades.com . You also agree to have your name, email address, and any other submitted information publically available on the internet, though often mostly just to all other logged in users of this site.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the Ptrades.com service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us through the Help interface to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website. Copyright Policy

Copyright Policy

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at info@ptrades.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Fees

Signing up for a basic Ptrades.com account is free. Certain other services are provided for free only to predefined cohorts of users. Ptrades.com reserves the right to charge for the Ptrades.com service or any portion thereof, modify the pricing of, add to, or discontinue the Ptrades.com service or any portion thereof without prior notice.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Ptrades.com, and all owners or employees in any capacity, including any past, current or future officers, contractors, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Ptrades.com service; ii) unauthorized access to or alteration of your communications with or through the Ptrades.com service, or iii) any other matter relating to the Ptrades.com service. Any business transactions which may arise between users from their use of Ptrades.com are the sole responsibility of the users involved. Holding harmless applies to any claims, liability, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the site.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Ptrades.com may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Ptrades.com, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE PTRADES.COM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT PTRADES.COM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. PTRADES.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. PTRADES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PTRADES.COM MAKES NO WARRANTY THAT (i) THE PTRADES.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PTRADES.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PTRADES.COM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PTRADES.COM SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. PTRADES.COM IS FOR PERSONAL NON-COMMERCIAL USE ONLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PTRADES.COM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PTRADES.COM OR THROUGH OR FROM THE PTRADES.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

The User Agreement constitutes the entire agreement between you and Ptrades.com and governs your use of the Ptrades.com service, superseding any prior agreements between you and Ptrades.com. The failure of Ptrades.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PTRADES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PTRADES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PTRADES.COM'S TOTAL CUMULATIVE DAMAGES EXCEED (ONE HUNDRED US DOLLARS) US$100.

Governing Law

The User Agreement between you and Ptrades.com will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

Any dispute relating in any way to our site or service shall be submitted to confidential arbitration in the San Francisco Bay Area at a reasonable location of our choosing, except that, to the extent you have in any manner violated or threaten to violate Ptrades.com or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of California.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the site must be instituted within one year after the cause of action arose or be forever waived and barred.

General Information

Ptrades.com, the Ptrades.com logo, and other Ptrades.com logos and names are trademarks of Ptrades.com. You agree not to display or use these trademarks in any manner without Ptrades.com's prior, written permission. All of the materials appearing on this site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Ptrades.com, copyright 2006, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:
Ptrades.com, 3314 Woodview Dr, Lafayette, CA 94549