mTrade

Terms of Use

Effective August 15, 2017

This web site is provided by mTrade, LLC ("mTrade"). Access to, and use of, the information contained in this web site ("Site") are subject to the terms and conditions listed below. Please read this information carefully. Your use of this Site signifies your agreement to follow and be bound by these terms and conditions. mTrade reserves the right to make changes or updates to this Site, the products or programs described in this Site, or these terms and conditions at any time without further notice. Your continued use of this Site following such changes signifies your acceptance of the revised terms and conditions.

  1. Use of Site

    You are hereby authorized by mTrade to view, download, copy and print documents and the graphics incorporated therein ("Materials") from this Site subject to the following restrictions: 1) the Materials may be used solely by you for your own personal informational, educational, or other non-commercial purposes; 2) all copies you make must include any copyright or other proprietary notices originally shown or included in the Materials; 3) you may not modify any of the Materials found at this Site nor attempt to pass off any Materials found at this Site as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the Materials within this Site for any commercial or public purpose, unless mTrade has given you prior written consent to do so; 5) you also may not "mirror" or "frame" any portions of this Site in any other environment without prior written consent from mTrade. mTrade reserves the right to terminate the access of any user in its discretion, including users that do not observe these terms and conditions and who infringe or otherwise violate the rights of others.

  2. Use of Software

    Any computer software which may be downloaded or is otherwise available from this Site is licensed subject to either the written license agreement(s) between you and mTrade or the click-through license agreement(s) which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. However, if neither a written license nor a click-through license is available, your use of the software will be subject to the following conditions: 1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this Site without mTrade's express prior written consent; 2) you are granted a personal, non-exclusive, non-transferable license to use such software subject to the above restrictions; 3) you may not copy, decompile, disassemble, decrypt or otherwise reverse engineer any such software; 4) such software is subject to all Warranties and Disclaimers as set forth below; 5) except as expressly granted elsewhere, mTrade and its licensors reserve all rights, title and interest in and relating to such software.

  3. Accounts, Passwords and Security

    If any of the services provided on this Site requires you to open an account, you must complete the registration process by providing us with current, accurate and complete information as requested on the applicable registration form. You further agree to maintain and promptly update such information to keep it current, accurate and complete. If you are using the services on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. You are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products.

    By using this Site and registering for such services, you consent to mTrade's display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur under your account. You agree to notify mTrade immediately of any unauthorized use of your account or password. mTrade will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by mTrade or any other party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

  4. Warranties and Disclaimers

    EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND mTrade, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL mTrade BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE OR ANY OTHER HYPERLINKED SITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE USE OF THIS SITE OR ARISING FROM OR RELATED TO THESE TERMS OF USE MAY BE BROUGHT BY EITHER PARTY HERETO MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

  5. Third Party Information

    1. Third-Party Materials on this Site

      This Site may contain materials from third parties, including software in executable or source code form ("Third-Party Materials"). All Third-Party Materials contained in this Site are subject to the Warranties and Disclaimers set forth above.

    2. Links to Third-Party Sites

      Any links to third-party Sites found within this Site are provided solely as an added convenience to you. mTrade has neither reviewed the contents of these third-party Sites nor does mTrade claim any responsibility for the content or suitability of these third-party Sites. If you decide to visit any of the third-party sites linked to this Site, you do so at your own risk.

  6. Copyright Infringement

    If a copyright owner, its agent, or licensee has reason to believe that any material contained on this Site and other Sites controlled by mTrade may infringe on its copyright, they may notify mTrade in the following way:

    Notice must be given in writing and include the following: (a) identification of the copyright owner, its agent or licensee along with contact information; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material; (d) a description of where the material that you claim is infringing is located on the site, including the URL and date on which the material was displayed; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or licensee, or is otherwise permissible by law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee.

    Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by mTrade, any alleged infringer, or any copyright owner or its authorized agent or licensee. Written notice must be sent to mTrade, LLC, 9 Industrial Park Drive, Suite 114, Oxford, MS 38655, Attention: General Counsel or may be forwarded to infosec@mtrade.com.

  7. Feedback

    Except where expressly provided otherwise by mTrade, all comments, feedback, information or materials submitted to mTrade through or in association with this Site shall be considered non-confidential and the property of mTrade. By submitting any comments, information, materials or other feedback to mTrade, you agree to a no-charge assignment to mTrade of any rights, title and interest to the comments, information, materials or other feedback. Subject to the mTrade Privacy Statement, mTrade shall be free to use such comments, information, materials or other feedback without restriction.

  8. Unsolicited User Submissions

    Neither mTrade nor any of its employees accept or consider unsolicited submissions of ideas of any kind from outside parties. Therefore, please do not send any unsolicited original materials, concepts or ideas to anyone at mTrade either through this Site or via any other means of communication. However, should you choose to ignore this request, please be advised that any unsolicited information or material sent to mTrade or any mTrade employee will be deemed NOT to be confidential. Your submission of any unsolicited information or material grants to mTrade an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property. In addition, mTrade is free to use any ideas, concepts, know-how or techniques that you send us for any purposes. The mTrade Privacy Statement will govern the disclosure of your name or any other personal information related to any such submissions.

  9. Acceptable Use

    This Site is provided as a professional environment in which you and others may conduct your activities. To allow you and the others who use this Site to be able to enjoy that professional environment, mTrade asks you to promote and respect that professional environment in your use of the Site and your communication with the Site and other users. As a result, mTrade requests that you observe these common sense rules. Users who fail to do so, in mTrade's sole discretion, may have their access to this Site (and any associated accounts) suspended or terminated.

    • Do not post, communicate or permit any messages that are obscene, vulgar, sexually-oriented, hateful, offensive, or threatening, libelous, slanderous or in any case, in any manner unlawful.
    • Do not direct a personal insult at or about another user, at the Site or any other person or organization.
    • Do not impersonate or imitate any other person, or misrepresent yourself or your affiliation with any other person or organization.

  10. Governing Law and Jurisdiction

    This Site is controlled by mTrade from its offices in Oxford, Mississippi, United States of America. All matters relating to your access to, or use of, this Site shall be governed by U.S. federal law or the laws of the State of Mississippi. Any legal action or proceeding relating to your access to, or use of, this Site shall be brought exclusively in a state or federal court of competent jurisdiction in Lafayette County, Mississippi. You and mTrade agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

  11. Proprietary Rights

    This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of mTrade or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of mTrade or other parties is granted to or conferred upon you.