21.1 Electronic Communications
You agree to receive communications from Tradeber electronically, such as emails, texts, and notices and
messages on the Services, and to retain copies of these communications for your records. You agree that
all terms and conditions, agreements, notices, disclosures, and other communications and documents that
Tradeber provides to you electronically will have the same legal effect that such communications or
documents would have if they were set forth in "writing."
You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your
Services account in any way (by operation of law or otherwise) without Tradeber's prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
21.3 Force Majeure
Tradeber shall not be liable for any delay or failure to perform resulting from causes outside its
reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of
civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of
transportation facilities, fuel, energy, labor, or materials.
21.4 Choice of Law
These Terms and any dispute of any sort that might arise between you and Tradeber will be interpreted in
accordance with and governed by the law of the State of Georgia and the United States of America,
consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles
that provide for the application of the law of another jurisdiction.
21.5 Exclusive Venue
Any claim or dispute that between you and Tradeber that arises out of or is related to the Services and
is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a
court of competent jurisdiction located in Georgia, and you hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the
state and federal courts in Georgia.
21.6 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to
the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause
of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not
apply to residents of New Jersey.
Where Tradeber requires that you provide an email address, you are responsible for providing Tradeber
with your most current email address. In the event that the last e-mail address you provided to Tradeber
is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by
these Terms, Tradeber's dispatch of the e-mail containing such notice will nonetheless constitute
effective notice. You may give notice to Tradeber at the following address: Tradeber, Inc, Attn: Legal
Department, 2855 North Berkeley Lake Rd, Duluth, GA, 30096. Such notice shall be deemed given
received by Tradeber by letter delivered by nationally recognized overnight delivery service or
first-class postage prepaid mail at the above address.
21.8 Export Control
You may not use, export, import, or transfer the Services, including any Products purchased on the
Services, except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services
or purchased Products on the Services, and any other applicable laws. In particular, but without
limitation, the Services, including any products purchased on the Services, may not be exported or
re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's
List or Entity List. By using the Services or purchasing Products on the Services, you represent and
warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties. You also will not use the
Services nor the Products purchased on the Services for any purpose prohibited by U.S. law.
21.9 California Consumer Complaints
If you are a California resident, in accordance with California Civil Code §1789.3, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or
by telephone at (800) 952-5210.
21.10 Entire Agreement
These Terms and all policies posted through our Services set forth the entire understanding and
agreement between you and Tradeber, and supersede all prior understandings and agreements of the
parties. These Terms shall not be modified by any of: (i) course of performance between the parties;
(ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Our failure to respond to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
21.12 Language of the Terms
If we provide a translated version of these Terms,
Intellectual Property Policy- Copyright Policy
, or any other terms or policy, it is for
informational purposes only. If the
version means something different from the English version, then the English meaning will be the one
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other
governmental assessments associated with your activity in connection with the Services, provided that
Tradeber may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees
fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a
waiver of any further rights hereunder. Subject to Section 22 (Arbitration), if any provision of these
Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the
minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and
enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint
venture of Tradeber, and you do not have any authority of any kind to bind Tradeber in any respect
whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and
Tradeber agree there are no third-party beneficiaries intended under these Terms.