TERMS AND CONDITIONS OF USE - Najarian Trading Inc.
WEBSITE
Your Agreement with Najarian Trading Inc.:
Welcome to this Najarian Trading Inc. website. Following are the terms and
conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
Najarian Trading Inc. ("Najarian Trading ", "WE" OR "OUR"). PLEASE READ THIS
AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE
OR DOWNLOAD ANY PRODUCT. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE
FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK
THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by Najarian Trading. All of the content
featured or displayed on this website, including, but not limited to, text,
graphics, photographs images, moving images, sound, illustrations and software
("Content"), is owned by Najarian Trading, its licensors and its content
providers.
All elements of Najarian Trading websites, including, but not limited to, the
general design and the Content, are protected by trade dress, copyright, moral
rights, trademark and other laws relating to intellectual property rights.
Except as explicitly permitted under this or another agreement with Najarian
Trading or one of its subsidiaries, no portion or element of this website or its
Content may be copied or retransmitted via any means and this website, its
Content and all related rights shall remain the exclusive property of Najarian
Trading or its licensors unless otherwise expressly agreed. You shall indemnify
Najarian Trading, its subsidiaries, its affiliates and licensors against any
losses, expenses, costs or damages incurred by any or all of them as a result of
your breach of the terms of this Agreement or your unauthorized use of the
Content and related rights.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND Najarian Trading EXCLUDES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Najarian Trading WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE
MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT
ERROR. YOU, NOT Najarian Trading , ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere
on this website, or as otherwise required by applicable law, neither Najarian
Trading nor its directors, employees, licensors, content providers, affiliates
or other representatives will be liable for damages of any kind (including,
without limitation, lost profits, direct, indirect, compensatory, consequential,
exemplary, special, incidental, or punitive damages) arising out of your use of,
your inability to use, or the performance of this website or the Content whether
or not we have been advised of the possibility of such damages.
Najarian Trading uses reasonable efforts to ensure the accuracy, correctness and
reliability of the Content, but we make no representations or warranties as to
the Content's accuracy, correctness or reliability.
There may be links to other websites from the Najarian Trading website; however,
these other websites are not controlled by Najarian Trading and we are not
responsible for any content contained on any such website or any loss suffered
by you in relation to your use of such websites. You waive any and all claims
against Najarian Trading regarding the inclusion of links to outside websites or
your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation
of implied warranties or liability for certain categories of damages. Therefore,
some or all of the limitations above may not apply to you to the extent they are
prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the
State of Washington, USA, without reference to its laws relating to conflicts of
law and not including the provisions of the 1980 United Nations Convention on
Contracts for the International Sale of Goods. Venue for all disputes arising
under this Agreement shall lie exclusively in the State of Washington in King
County. Users of this website agree that any and all disputes arising from the
use of this website, or the ordering of materials from this website, shall be
settled by binding arbitration. Notwithstanding the foregoing, however, Najarian
Trading shall have the right to commence and prosecute any legal or equitable
action or proceeding before any non-US court of competent jurisdiction to obtain
injunctive or other relief in the event that, in the opinion of Najarian Trading
, such action is necessary or desirable.
No Waiver, Severability
No action of Najarian Trading , other than an express written waiver or
amendment, may be construed as a waiver or amendment of any of these Terms and
Conditions of Use. Should any clause of these Terms and Conditions of Use be
found unenforceable, wherever possible this will not affect any other clause and
each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use, prices,
information and available contractual license terms featured on this website
without notice. These conditions set out the entire agreement between Najarian
Trading and you relating to your use of this website.