Terms & Conditions
Updated November 13, 2018
Welcome to Evergreen Trading’s (“ET”) website www.evergreentrading.com (the “Website”).
USE OF CONTENT
If you believe that your password has been stolen or is otherwise being used without your authorization, please immediately notify ET and change your password by logging into the Website and clicking “change password” under the “My Account” link located on the main menu.
You agree not to use any of the Website to:
Attempt to gain unauthorized access to the Website, usernames and passwords of users, or computer systems and networks connected to the Website;
Upload, post, email, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, libelous, invasive of another’s privacy, or otherwise objectionable;
Harm legal minors;
Impersonate another user, person, or entity, or falsely state or otherwise misrepresent your affiliation with another user, person, or entity;
Collect and store personal data about other users, “cyber stalk” or harass another user or engage in conduct that negatively affects the online experience of another;
Upload, post, email, transmit, or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
Reproduce, modify, rent, lease, loan, sell, trade, resell, or create derivative works based on the Website Content or User Content for any commercial purpose;
Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
Attempt to take any action that, in ET’s sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website; or
Interfere with the operation of the Website or other computers or internet or network connections.
NOTICE REGARDING SOFTWARE AVAILABLE ON THE WEBSITE
Any software that is made available to download from the Website (“Software”) is the copyrighted work of ET and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the “License Agreement”).
THE SOFTWARE IS MADE AVAILABLE FOR DOWNLOAD SOLELY FOR USE BY END USERS ACCORDING TO THE LICENSE AGREEMENT. ANY REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE NOT IN ACCORDANCE WITH THE LICENSE AGREEMENT IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
FOR YOUR CONVENIENCE, ET MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ET DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN ET SOFTWARE PRODUCTS.
Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with “Restricted Rights” as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14.
DISCLAIMER OF WARRANTIES
ET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ET AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS DUE TO BUSINESS INTERRUPTION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (1) ANY CHANGES THAT ET MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (3) YOUR FAILURE TO PROVIDE ET WITH ACCURATE PERSONAL INFORMATION; (4) YOUR ABILITY TO ACCESS, OR THE AVAILABILITY OF, EXTERNAL WEBSITES OR RESOURCES (WITH HYPERLINKS ON THE ET WEBSITE), OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT OR OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES, CONTENT, OR RESOURCES.
THE LIMITATIONS ON ET’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ET HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
ET respects the intellectual property rights of others and ET asks its users to do the same. If you are a copyright owner or an agent thereof and believe that any of the Website Content, the User Content, or other content or material on any of the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ET’s Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):
A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Website;
Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
A statement that the owner or agent 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 the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ET’s designated Copyright Agent for receiving notifications of claimed infringement is:
6169 Flat Creek Drive
Evergreen, Colorado 80439
Attention: Sharon P. Marshall
Via email to: email@example.com
In accordance with the DMCA and other applicable law, ET has adopted a policy of terminating, in appropriate circumstances and at ET’s sole discretion, members who are deemed to be repeat infringers. ET may also, at ET’s sole discretion, limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.