Modified on May 26, 2021
Table of Contents:
YOU HAVE A DUTY TO READ THIS TERMS OF SERVICE AGREEMENT.
THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND TRADINGHOURS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Terms of Service
Thank you for using the TradingHours.com website, APIs, and associated content (hereinafter "Services"), which is owned, operated, or licensed by TradingHours.com, LLC. ("TradingHours," "we," and "us"). TradingHours provides you with a limited license to use the Services subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter "Agreement").
By using the Services, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Services immediately. TradingHours reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event TradingHours replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Services after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
a. User Warranties
By using the Services, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
b. Limited License
You acknowledge and agree that the Services is the property of or is licensed by TradingHours and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Services is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Services in any manner not expressly authorized under the terms of this Agreement. TradingHours reserves all of rights not expressly granted through this Agreement.
TradingHours provides you with limited, non-exclusive, non-sublicensable, non- assignable, revocable, and royalty free license to use the Services for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Services.
Automated access to the customer API is provided by TradingHours to its subscribers for use only within the prescribed rate limits and service capacities.
c. Acceptable Use Policy
When you use the Services, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by TradingHours for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
- Attempting to access the Services other than through a standard web browser unless you have been permitted to do so by TradingHours through a separate, written agreement;
- Accessing internal APIs through any automated means;
- Accessing APIs means outside of the intended service capacity or outside the prescribed rate limits;
- Accessing or attempting to access the Website through automated means;
- Circumventing the technological protection measures of the Website;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Services or third parties’
- Disrupting or otherwise interfering with the Services or its associated servers or networks;
- Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Services or its content;
- Diverting or attempting to divert customers of the Services to another website or service;
- Sending unsolicited or unauthorized communications to users of the Services or third parties;
- Reverse engineering, decompiling, translating, or disassembling the Services or its content; and
- Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
TradingHours reserves the right to modify, amend, or terminate the Services or its associated content at any time and without prior notice. TradingHours also reserves the right to refuse service or access to the Services to any person or business entity at any time and without notice.
d. Product Availability
While TradingHours strives to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order. If this is the case, TradingHours will contact you in a reasonable time frame to advise you of the issue. If you have time sensitive orders, please respond to TradingHours’s notice as soon as possible.
e. Third Party Links
You acknowledge and agree that the Services may contain links to third party websites or content that TradingHours does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Services, and you agree that TradingHours will not be responsible for websites not under the ownership or control of TradingHours.
f. Term and Termination
The term of this Agreement will begin upon your first accessing of the Services and will continue until TradingHours terminates your access to the Services.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Services by TradingHours, including but not limited to TRADINGHOURS, are common law or registered trademarks owned by or licensed to TradingHours. You are expressly prohibited from using the trademarks of TradingHours to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of TradingHours in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
h. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICERS ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON- INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT TRADINGHOURS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SERVICERS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICERS OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICERS IS AT YOUR SOLE RISK AND THAT TRADINGHOURS'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICERS OR $1000, WHICHEVER IS LESS.
TRADINGHOURS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
TRADINGHOURS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
You agree to indemnify, defend, and hold harmless TradingHours, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Services, (ii) your purchase of products through the Services; (iii) your use or misuse of products obtained through the Services; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend TradingHours will not provide you with the ability to control TradingHours's defense, and TradingHours reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
j. Choice of Law and Stipulation to Jurisdiction
You and TradingHours agree that any dispute arising out of or related to this Agreement or your use of the Services, including, but not limited to, your purchase of goods through the Services, will be governed by the laws of Monroe County, Pennsylvania, without regard to its conflict of laws rules. Except for claims for injunctive relief by either party, you and TradingHours agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Services including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Pennsylvania or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE SERVICES, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND TRADINGHOURS EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of discovery or will otherwise be barred.
k. Force Majeure
TradingHours will not be responsible for any delay or failure in performance of the Services or its associated products arising out of any cause beyond TradingHours's control, such as acts of Nature, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Services, including, but not limited to, your duty to indemnify and defend TradingHours.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. TradingHours reserves the right to assign its rights and duties under this Agreement, including in a sale of TradingHours or its Services.
You understand and agree that TradingHours may store and process your personal information on computers located outside of the European Union, including, but not limited to, in the United States. By using the Services, you agree to the collection and processing of your Personal Information outside of the European Union.
562 Independence Road
East Stroudsburg, PA 18301
By providing TradingHours with your personal or personally identifiable data and using the Services, you warrant that you are over the age of eighteen (18) or otherwise above the age of majority within your jurisdiction. If you are younger than eighteen (18) or the age of majority within your jurisdiction, please do not use the TradingHours Services and please do not provide personal information to us.
2. Personal Information Collected
When you use the Services, we may collect personal or personally identifiable information from you (“PII”). PII may include any information capable of identifying an individual, but it does not include anonymized data.
We may collect and process the following categories of PII about you:
- Communication Data. Communication data includes any communication that you may send to us through the website, email, or social media. We process this data to communicate with you, to record logs of our communication, and to store information to respond to legal claims. TradingHours’s lawful ground for processing this communication data is to respond to communications sent by you to us, to keep records of our communication, and to pursue or defend against legal claims.
- User Data. User data includes data about how you use the Services and any data that you post to or authorize through the Services. We collect and process this data to operate the Services and to ensure that timely and relevant content is provided to you, to secure the Services, and to maintain backups of the Services. TradingHours’s lawful ground for processing this user data is its legitimate business interests in administering and offering the Services.
- Technical Data. Technical data includes data about your use of the Services, such as your IP address, your login data, your phone number, your mobile phone model, your operating system, your geolocation, and your time zone. TradingHours may collect this data from your use of the Services and from advertising IDs. TradingHours processes this data to analyze your use of the Services, to administer and secure the Services, to provide location-relevant content, to deliver relevant content and advertisements, and to understand the effectiveness of TradingHours’s advertisements. TradingHours’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.
- Marketing Data. Marketing data includes data about your preferences in receiving and interacting with advertisements or content on the Services. TradingHours collects this data from your use of the Services and from Google Advertising IDs and Apple Advertising IDs. TradingHours’s lawful ground for collecting and processing this marketing data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.
- Personally Sensitive Data. Personally sensitive data includes data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, union membership, or information about your health. TradingHours does not collect or use personally sensitive data in the Services.
TradingHours will only use your PII for the purpose for which it was collected. In the event that TradingHours needs to use your PII for an unrelated new purpose, TradingHours will provide you with notice of this new use and will explain the lawful ground for such processing. TradingHours may process your PII without your knowledge or consent where required or permitted by law.
TradingHours does not use your PII to automatically make any decisions or to create an automated profile about you.
3. Collection of Data From Third Parties
TradingHours may collect data about you through cookies and other technologies. This helps TradingHours understand how you use the Services and to understand any patterns that may be associated with your use of the Services. This aids TradingHours in developing or improving its Services in response to your needs or wants.
TradingHours may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Services and are automatically deleted when you close your web browser. Persistent cookies are stored as a file on your computer or mobile device that remain on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. TradingHours may use persistent cookies when it utilizes Google Analytics or other analytics providers, which is intended to track the origin and behavior of traffic to the Services.
TradingHours may also receive data from third parties including analytics providers or advertising networks such as Google, Facebook, or Apple. These third parties may be based outside of the European Union.
4. Marketing Communications
As stated above, TradingHours lawful ground for sending you marketing communications is either consent or its legitimate business interests, such as to grow its business. TradingHours may send you marketing communications if you have asked for information concerning its goods or services or if you have agreed to, and have not opted out from, receiving marketing communications. You may ask TradingHours to stop sending you marketing messages at any time by logging into the Services to adjust your marketing preferences or by following the opt- out link in any marketing message sent to you. If you opt out of receiving marketing communications, your opt-out does not extend to PII provided for other purposes.
5. Disclosure of Personal Information
TradingHours may share your PII with the following parties:
- Other companies within the TradingHours group of companies that provide services to TradingHours;
- Service providers that provide TradingHours with information technology or other administrative services;
- TradingHours’s accountants, auditors, insurers, or attorneys; and
- Government bodies that require TradingHours to report its processing activities.
TradingHours may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets.
6. Data Security
TradingHours has put into place data security measures to protect your PII. TradingHours allows access to your PII only by employees and service providers who have a need to know or access your PII on TradingHours’s instructions. TradingHours will notify you and any regulatory body of any breach of your PII or TradingHours’s security measures if it is legally required to do so.
7. Retention of Data
8. Right to Access
You do not need to pay a fee to access your PII or to exercise your rights. However, TradingHours may charge a reasonable fee if your request is unreasonable or excessive.
To confirm your request, TradingHours may need to request specific information from you as a security measure to ensure that PII is not disclosed to an unauthorized third party. TradingHours will attempt to respond to all legitimate requests within thirty days.
9. California Privacy Rights
California residents have a right to request that we disclose what personal information we collect from you and whether, and how, we disclose or sell that personal information. California residents may also request that we delete any personal information collected or maintained by us from you.
California residents may also have the right to opt out of the sale of their personal information by clicking a link or icon associated with an advertisement. Specifically, this link or icon may state “Do Not Sell My Personal Information” or “Do Not Sell My Info.” By selecting this link or icon, you “Opt Out,” which means that you have opted out of the sale of your personal information as set forth in the California Consumer Privacy Act. However, even though you may have opted out, you may still see interest-based advertisements. To learn more about interest-based advertising across websites and additional opt-out choices, you can visit http://optout.aboutads.info. If you opt-out of the sale of your personal information but do not opt out of interest-based advertising more generally, you may still receive ads tailored to your interests based on personal information that was not sold by us, personal information that was sold to downstream participants at least 90 days before you opted out, or personal information that was sold by other sources from which you have not opted out.
To submit a request for a list of the categories of personal information collected from you or to request that TradingHours delete your personal information, please email us at [email protected] or send a letter to us at the following address:
562 Independence Road
East Stroudsburg, PA 18301
To verify your request, we may request certain information from you to confirm that you are an TradingHours user, such as your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to TradingHours to disclose or delete your personal information. To do so, you must provide TradingHours with proof that the individual or business has been appointed as your agent, such by providing a signed power of attorney form, and provide accurate responses to any information requested by TradingHours that may be necessary to confirm that you are a TradingHours user, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by TradingHours for their exercise of these rights conferred under California law.
10. Third Party Links
TradingHours Services may include links to third party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. TradingHours does not control these third-party links and you are advised to review their respective privacy policies.
11. Responding to Do Not Track Signals
You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. Our website is not currently set up to respond to browser do-not-track signals, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.
12. Notification of Changes
13. Contact Us