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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE AND THESE PRODUCTS AND SERVICES (AS DEFINED BELOW) YOU AGREE TO ABIDE BY THE TERMS OF USE (THIS “AGREEMENT” OR THESE “TERMS OF USE”) BETWEEN YOU AND US (AS DEFINED BELOW). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.

You (referred to as, “You”, “Member”, or “Student”) hereby acknowledge and agree as follows:

Adam Mesh, individually, The Adam Mesh Trading Group LLC, its website www.adammesh.com (“Website”), Average Joe Trading LLC, (collectively, “We”, “Us”, or “The Adam Mesh Trading Group LLC”) reserves the right to make changes or modifications to The Adam Mesh Trading Group LLC Website and this Agreement. Display of notice of changes online at The Adam Mesh Trading Group LLC Website shall constitute effective notice under this Agreement on the day The Adam Mesh Trading Group LLC places the changes online on its Website, and your continued use of the Website thereafter shall constitute your acceptance of such changes or modifications.

This Agreement applies to the purchase of products, use of services, and use of Website (the “Products and Services”) from The Adam Mesh Trading Group LLC.

Adam Mesh Trading Group, LLC or any of its subsidiaries are not registered investment advisors or broker/dealers. All information provided on the Adam Mesh network of websites is provided as-is and does not represent personalized investment advice. These sites do not constitute a representation by the publisher or a solicitation for the purchase or sale of securities. All opinions provided are based on sources believed to be reliable and are written in good faith, but no warranty or representation, expressed or implied, is made as to their accuracy. There are risks associated with any investment and we strongly encourage readers to supplement the information in these articles, special reports, and newsletters with independent research and other professional advice before investing in any security.

 

SECTION I

LICENSE GRANT

The Adam Mesh Trading Group LLC grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Products and Services, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in the Agreement.

The Website includes, as applicable and without limitation:

  1. The Adam Mesh Trading Group LLC online computer system including all electronic databases and services accessed by or through The Adam Mesh Trading Group LLC on-line computer system, including the Community as defined below, and individual items within those databases or services which may constitute independent works of authorship;
  2. All documentation, including user manuals, operations manuals and the like provided to you by or for The Adam Mesh Trading Group LLC, for use in connection with the on-line computer system; and
  3. Any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by or obtained through The Adam Mesh Trading Group LLC on-line computer system (collectively, “information”).

SECTION II

OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

The Products and Services are the valuable, exclusive property of The Adam Mesh Trading Group LLC, and nothing in this Agreement shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a license to use Products and Services, as long as you comply with the terms of this Agreement or until The Adam Mesh Trading Group LLC terminates this Agreement or your access rights. Ownership of The Adam Mesh Trading Group LLC and its Products and Services, and any documentation or information, shall remain at all times with The Adam Mesh Trading Group LLC. The Adam Mesh Trading Group LLC Website is protected by contract law and intellectual property law, including domestic and international copyright law, and all intellectual property rights in The Adam Mesh Trading Group LLC Website belong to The Adam Mesh Trading Group LLC or its licensors.

If The Adam Mesh Trading Group LLC provides you with access identification, you may not allow concurrent use of the Products and Services by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the Products and Services. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of The Adam Mesh Trading Group LLC Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only, the information received or accessed through Products and Services pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of The Adam Mesh Trading Group LLC, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Products and Services, any part thereof, or any of the information received or accessed therefrom, to or through any other person or entity. All rights not granted to you herein are expressly reserved by The Adam Mesh Trading Group LLC or its licensors. The Adam Mesh Trading Group LLC and its licensors reserve all rights to enforce its copyright and intellectual property rights.

 

SECTION III

TERMINATION

A. This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:

1. Immediately by The Adam Mesh Trading Group LLC for any unauthorized access or use by you, including, without limitation: concurrent access of The Adam Mesh Trading Group LLC Website by multiple users utilizing identical user identification numbers; permitting another person or entity to use your user identification number to access The Adam Mesh Trading Group LLC Website; or any other access or use of The Adam Mesh Trading Group LLC Website except as expressly provided in this Agreement;

2. Immediately by The Adam Mesh Trading Group LLC if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;

3. Immediately by The Adam Mesh Trading Group LLC if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, The Adam Mesh Trading Group LLC Website;

4. Immediately by The Adam Mesh Trading Group LLC if you transmit or receive using The Adam Mesh Trading Group LLC Website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity (The Adam Mesh Trading Group LLC, in its sole discretion, shall determine whether any information transmitted or received violates this provision);

5. Immediately upon discontinuance of Products and Services by The Adam Mesh Trading Group LLC; or

6. Immediately by The Adam Mesh Trading Group LLC if you violate any of the other terms and conditions of this Agreement.

B. Termination or cancellation of this Agreement shall not affect any other right or relief, to which The Adam Mesh Trading Group LLC may be entitled, whether at law or in equity, regardless of the reason for cancellation or termination of this Agreement:

1. All rights granted to you will terminate and revert to The Adam Mesh Trading Group LLC;

2. As requested by The Adam Mesh Trading Group LLC, you agree to erase and destroy any copies of the Products and Services you have made; and

3. You agree to certify to The Adam Mesh Trading Group LLC your compliance with these requirements in writing upon The Adam Mesh Trading Group LLC request.

THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THIS AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL THE ADAM MESH TRADING GROUP LLC OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE PRODUCTS AND SERVICES.

 

SECTION IV

MONITORING

You acknowledge that The Adam Mesh Trading Group LLC reserves the right to, and that The Adam Mesh Trading Group LLC may from time to time choose to, monitor any and all information transmitted or received through and of the Products and Services. The Adam Mesh Trading Group LLC, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which The Adam Mesh Trading Group LLC deems inappropriate (such as that specified in Section 3(A)(4) above,) or that The Adam Mesh Trading Group LLC determines violates any term or condition of this Agreement.

The Adam Mesh Trading Group LLC may record and monitor any telephone or electronic communication for quality assurance purposes.

 

SECTION V

THE ADAM MESH TRADING GROUP LLC COMMUNITY

The Adam Mesh Trading Group LLC Community (the “Community”) helps you get insight, exchange ideas and connect online with other beginning and advanced investors who use the tools offered by the Website and The Adam Mesh Trading Group LLC. We believe the Community is a valuable place for The Adam Mesh Trading Group LLC students to exchange information and learn from one another. We want the Community to be a friendly, informative and safe place for all of our users.

By participating in this Community, you are agreeing to adhere to these Terms of Use. Any failure to adhere to these standards may lead to disciplinary action, which may include the termination of your rights to participate in our Discussion Boards and other features of the Community. In addition, we reserve the right to remove any post to a Discussion Board that we believe is inconsistent with the requirements or the spirit of these Terms of Use.

The Community is for users that are at least 18 years of age. The Community is the English language online community geared towards users of The Adam Mesh Trading Group LLC products or services that were purchased in the United States. The Community is governed by United States law. Although persons in other countries are welcome to participate in the Community, the advice and discussion are intended for use by persons in the United States.

Registration

You are required to register to access the Community site and read the message boards. Registration (by providing a valid email address, screen name and password, in addition to other information requested by us) is required if you want to post material on the Community site. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person’s prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. If you become aware of any unauthorized use of your password or of your account, you agree to notify The Adam Mesh Trading Group LLC immediately.

You agree that all information provided in your profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.

Content is for Informational Purposes

The information shared by Community Students is for informational purposes ONLY. Such information is not meant to be financial or investment advice.

The results described in Community Student testimonials or otherwise on the Website or elsewhere by The Adam Mesh Trading Group LLC are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.

NEITHER THE ADAM MESH TRADING GROUP LLC NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.

Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any Student may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute investment or financial advice.

Links to Third Party Sites

Links may be posted on the Website to other websites which are not under the control of The Adam Mesh Trading Group LLC. The Adam Mesh Trading Group LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such websites. Any such link on the Website does not imply The Adam Mesh Trading Group LLC endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

Content is Not Investment Advice

Each Student is responsible for conducting their own analysis on particular investments and making their own investment decisions. Under no circumstances can any Student of this Community or The Adam Mesh Trading Group LLC or any affiliate of The Adam Mesh Trading Group LLC be held responsible for a trading decision made by another person.

Prior to buying or selling an option, an investor should read and understand the booklet, “Characteristics and Risks of Standardized Options.” You can access and download a copy of the booklet on The Options/Clearing Corporations’ (OOC) website at http:://www.theocc.com/publications/risks/riskchap1.jsp. This link reference as a courtesy and does not imply that The OCC is endorsing Adam Mesh Trading Group LLC or its products. This booklet is also available free from your broker or from any of the U.S. Options Exchanges.

We encourage our subscribers to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission (SEC) at http://www.sec.gov, and the National Association of Securities Dealers (NASD) at htpp://www.nasd.com. You can review public companies’ filings at the SEC’s EDGAR page. The NASD has published information on how to invest carefully at its website.

Performance Figures

Performance figures are based on actual recommendations made by Adam Mesh Trading Group LLC. Due to the time critical nature of stock, options and futures trading, brokerage fees, and the activity of other subscribers, Adam Mesh Trading Group LLC cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our tracking guidelines. Past results are not necessarily indicative of future performance. Therefore, no subscribers or potential subscriber should assume or expect that future performance of any investment or strategy will be profitable or equal historical or anticipated performance levels. The information contained in YOLO trading service is intended for use solely by individual subscribers and is not offered to institutional investment organizations.

Brokers

Adam Mesh Trading Group LLC is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. Adam Mesh Trading Group LLC is not and will not be responsible for any trades made by a broker on the subscriber’s behalf under any circumstances.

 

Communicating with The Adam Mesh Trading Group LLC

Constructive feedback regarding The Adam Mesh Trading Group LLC services can be submitted to support@adammesh.com.

 

Intellectual Property Rights

Students may not post copyrighted material or trademarks belonging to other Students or The Adam Mesh Trading Group LLC without their written permission.

If you own intellectual property and believe it is being infringed through a posting, please let us know immediately by filing a complaint as set forth below.

We at The Adam Mesh Trading Group LLC sometimes use postings in our publications, including without limitation, advertising, websites, newsletters and the like. By sharing information through the use of Products and Services, you are giving The Adam Mesh Trading Group LLC a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, communicate, re-publish, edit, adapt or otherwise use your postings as we see fit, including the right to sublicense or transfer to others in our discretion. You also give us a license to deal with the postings as necessary to perform technical and administrative functions in running the Community.

You also may have moral rights, so you consent to your postings being altered, edited or adapted so we can use them under our license in any way we deem appropriate. You consent to us not attributing authorship to you at all, or only attributing it to your registered name. We generally attribute authorship, but that is not always possible or feasible and we decide this on a case by case basis. If we do use your material we may attribute such material to your registered name, or contact you to request that your real name be used. If you do not want to give us a license to use your postings and do not want your postings used in this way, do not post on the Community site. Once you have made a posting, you cannot withdraw or retract the license and consents.

You may not use The Adam Mesh Trading Group LLC or its affiliates’ intellectual property in any way or for any purpose at anytime without our permission.

If you think a posting is violating these terms or infringing anyone’s legal rights, please notify The Adam Mesh Trading Group LLC immediately. The Adam Mesh Trading Group LLC will investigate your complaint and take action, if The Adam Mesh Trading Group LLC believes that action is necessary and appropriate. Such action may include removing the posting or banning the relevant user.

Complaints: To make a formal complaint regarding the Community, send a signed written letter of complaint to:

The Adam Mesh Trading Group LLC

1 State Street Plaza, 10th Floor

New York, New York 10004

 

Your letter of complaint must:

(a) Identify the posting in issue and include a copy of the posting and the location of the posting or if not about a posting; and describe with reasonable detail the offending behavior;

(b) Identify the intellectual property right or other law, rule or regulation which is being infringed or violated; and

(c) Provide information sufficient to permit The Adam Mesh Trading Group LLC to contact you (e.g., email address, postal address and fax number).

To the extent your complaint involves intellectual property rights, please note that The Adam Mesh Trading Group LLC honors the intellectual property rights of others and asks same of users of the community. The Adam Mesh Trading Group LLC may, in its sole discretion, terminate the account or access rights of users whose actions infringe or otherwise violate the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to The Adam Mesh Trading Group LLC Designated Agent. If you believe that your work has been infringed, please provide The Adam Mesh Trading Group LLC Designated Agent with the following information:

(d) A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(e) Identification of the copyrighted work claimed to have been infringed or if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;

(f) Identification of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Adam Mesh Trading Group LLC to identify the material;

(g) A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and

(h) A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Adam Mesh Trading Group LLC Designated Agent may be contacted at support@adammesh.com.

Your Personal Information

By using the Products and Services, you may be supplying us with “personal information.” We collect this to administer and help you use the Products and Services, send you a password, contact you about postings, and keep in touch with you. Your screen name will be visible to other users, and when you register for the Community, you can chose whether your user profile and email address will be also be visible to other users. You can access and update your personal information in the Profile section of the Community site.

The Adam Mesh Trading Group LLC may release information concerning your use of the Community or disclosure of your personal information when The Adam Mesh Trading Group LLC believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms of Use, to protect The Adam Mesh Trading Group LLC rights or property, or to protect other users of the Products and Services from fraudulent, abusive, or unlawful use of the Products and Services or if The Adam Mesh Trading Group LLC believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records immediately.

Periodically, The Adam Mesh Trading Group LLC may send you information regarding the Products and Services through direct mailings or e-mails. If you do not want to be included on The Adam Mesh Trading Group LLC marketing lists, you may opt out through the unsubscribe link at the bottom of the emails, by sending an e-mail to support@adammesh.com or by mail to Adam Mesh Trading Group LLC at 1 State Street Plaza, 10th Floor, New York City, New York 10004, and stating that you do not want to be included on The Adam Mesh Trading Group LLC marketing list.

Enforcement

The Adam Mesh Trading Group LLC does not pre-screen, verify or edit the content posted by users in the Community. However, The Adam Mesh Trading Group LLC and its agents reserve the right to investigate any violation of the terms of this Agreement and to take such remedial action as it deems appropriate. The Adam Mesh Trading Group LLC has the sole discretion to enforce the terms of the this Agreement, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with this Agreement. If The Adam Mesh Trading Group LLC decides it is necessary to remove any content, The Adam Mesh Trading Group LLC may remove the entire thread and any accompanying material.

SECTION VI

DELAYS IN SERVICES AND FORCE MAJEURE

Any delays in or failure of performance by The Adam Mesh Trading Group LLC or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond The Adam Mesh Trading Group LLC control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. The Adam Mesh Trading Group LLC shall have no responsibility to provide you access to Products and Services while interruption of the Products and Services due to any such or similar cause shall continue.

SECTION VII

EQUIPMENT AND OPERATION

You shall provide and maintain all telephone and other equipment necessary to access the Products and Services, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay The Adam Mesh Trading Group LLC for your use of the Products and Services, and be billed in accordance with your access to Products and Services. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the Website. The Adam Mesh Trading Group LLC reserves the right to refuse assistance or to charge additional fees if you seek assistance from The Adam Mesh Trading Group LLC with respect to such basic background information or any other matters not directly relating to the operation of the Website. The Adam Mesh Trading Group LLC shall not have any responsibility to provide you with alternate access to the Products and Services if your access is interrupted due to a breakdown or failure of your equipment.

Any Product that is returned for a cash refund must be in the original packaging, undamaged and resalable. There is a ten percent (10%) restocking fee on all products shipped from our fulfillment center.

In situations in which physical attempt to deliver a package is unsuccessful due to vendor shipping beyond our control we reserve the right to replace your order with a digital version equal to your order to satisfy your purchase. If the product is a digital product, there is a full refund ninety (90) day return policy.

A twenty-five dollar ($25) fee will be charged if your check payment is returned to The Adam Mesh Trading Group LLC for any reason (i.e., insufficient funds, account closing, etc.). The Adam Mesh Trading Group LLC assumes no responsibility for fees, charges or any other penalty that may be imposed by your bank as a result of an unpaid check.

 

SECTION VIII

WARRANTY DISCLAIMER

You acknowledge that the information provided through the Products and Services is compiled from sources, which may be beyond the control of The Adam Mesh Trading Group LLC. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, you acknowledge that inaccuracies may occur and The Adam Mesh Trading Group LLC does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by The Adam Mesh Trading Group LLC for your personal information only, and is not intended for trading purposes. Information on this site does not constitute advice (investment, financial, tax, or legal) nor does such information include recommendations regarding particular financial instruments, investments or products. The Adam Mesh Trading Group LLC shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. The Adam Mesh Trading Group LLC makes reasonable efforts to obtain reliable content from third parties, but The Adam Mesh Trading Group LLC does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The Products and Services may point to other websites that may be of interest to you; however, The Adam Mesh Trading Group LLC does not endorse or take responsibility for the content on such other websites.

YOU ACKNOWLEDGE THAT THE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. THE ADAM MESH TRADING GROUP LLC AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, THE ADAM MESH TRADING GROUP LLC DO NOT REPRESENT OR WARRANT:

  1. THAT THE ADAM MESH TRADING GROUP LLC OR ITS PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS;

 

  1. THAT THE ACCESS OR USE OF THE PRODUCTS AND SERVICES WILL BE ERROR-FREE; OR

 

  1. THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE ADAM MESH TRADING GROUP LLC, ITS PRODUCTS OR SERVICES, OR THE RESULTS OF ANY SUCH PROCESSING.

YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.

SECTION IX

LIMITATION OF LIABILITY AND

DISCLAIMER OF CONSEQUENTIAL DAMAGES

THE ADAM MESH TRADING GROUP LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE THE PRODUCTS AND SERVICES.

YOU ALSO AGREE THAT THE ADAM MESH TRADING GROUP LLC SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES FOR ANY PURPOSE WHATSOEVER, EVEN IF THE ADAM MESH TRADING GROUP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF THE ADAM MESH TRADING GROUP LLC BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF THE ADAM MESH TRADING GROUP LLC OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE.

YOU ACKNOWLEDGE AND AGREE THAT THE ADAM MESH TRADING GROUP LLC WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE ADAM MESH TRADING GROUP LLC OR THE PRODUCTS AND SERVICES. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD THE ADAM MESH TRADING GROUP LLC HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.

THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

SECTION X

INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ADAM MESH TRADING GROUP LLC, FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE PRODUCTS AND SERVICES.

SECTION XI

EXPORT CONTROL

This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of The Adam Mesh Trading Group LLC and its Products and Services that may be imposed from time to time by the government of the United States of America. You agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Products and Services.

 

 

SECTION XII

NO CONFLICTING TERMS

If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to the Adam Mesh Trading Group LLC or its Products and Services, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by The Adam Mesh Trading Group LLC.

 

SECTION XIII

ATTORNEY’S FEES

If The Adam Mesh Trading Group LLC takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, The Adam Mesh Trading Group LLC shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney’s fees, interest, and all costs of any litigation.

 

SECTION XIV

GOVERNING LAW, LIMITATIONS, AND VENUE

This Agreement shall be governed by the laws of the State of New York, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of Products and Services contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in New York, New York, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of New York as your agent for service of process.

SECTION XV

SEVERABILITY

If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.

 

SECTION XVI

INTERPRETATION

This Agreement shall be construed reasonably to carry out its intent without presumption against or in favor of either party. If any provision hereof shall be declared invalid by a court or in any administrative proceedings, then the provisions of this Agreement shall be construed in such manner so as to preserve the validity hereof and the substance of the transaction herein contemplated to the extent possible. The paragraph and/or section headings and the arrangement of this Agreement is for the convenience of the parties hereto and do not in any way affect, limit, amplify or modify the terms and provisions hereof.

 

SECTION XVII

WAIVER OF JURY TRIAL

You agree that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other concerning any matters whatsoever arising out of or in any way connected with this Agreement.

 

SECTION XVIII

PRONOUNS AND HEADINGS

Every pronoun used in this Lease shall be construed to be of such number and gender as the context shall require. The headings appearing on the margin of this Lease are intended only for convenience of reference, and are not to be considered in construing this instrument.

 

SECTION XVII

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.

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