Bounce Legal

Terms of Service

This Member Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Service (as defined below) and is an agreement between Bouncetrade.io, Inc. (“we,” “us,” “our,” “Bounce Trade,” or the “Company”) and you or the entity you represent (“you“). This Agreement takes effect when you sign a Subscription Order or, if earlier, when you use the Service (the “Effective Date“). You represent to us that you are lawfully able to enter into contracts (e.g., you are age of 18 or older). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity including, without limitation the ARBITRATION AND CLASS ACTION provisions found in Section 13.8 Please see Section 14 for definitions of certain capitalized terms used in this Agreement.

1. Use of the Service

1. Generally. You may access and use the Service in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Service, including the Policies as defined in Section 13.
2. Your Account. To access the Service, you must create an account associated with a valid e-mail address. You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including a spouse) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 7.
3. Third-Party Content. Third-Party Content, such as newsletters, the information provided by our affiliates or third parties, software applications, or services provided by our affiliates or third parties, may be made available directly to you by other companies or individuals with or without separate terms and conditions or separate fees and charges. Because we may not have confirmed, screened or tested any Third Party Content, your use of any Third Party Content is at your sole risk.

2. Changes

1. We may change, discontinue, or downgrade any of the Service (including the Service as a whole) or change or remove features or functionality of the Service from time to time.

3. SMS Alert Services

1. Program Description: Trade related commentary and commentary alerts for breaking news based on news or newsworthy content.
2. You can cancel the SMS service at any time. Just remove your phone number from your account. If you want to join again, just re-enable notifications and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can get help directly at support@bouncetrade.io.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Your messaging frequency will vary and you may receive several messages a day. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our Privacy Statement.

4. Data Privacy

1. You consent to our collection, use and disclosure of information associated with the Service in accordance with our Privacy Statement.

5. Fees and Payment

1. Service Trial. Bounce Trade may offer an evaluation period, or trial, for its services for first-time subscribers. Customers are only allowed to evaluate the product only one (1) time over their lifetime. Customers having previously subscribed to any of Bounce Trade offerings will not benefit from the trial and will automatically be billed the subscription fee upon registration or renewal regardless of the mention “Trial” under the product description.
2. Payment. Bounce Trade will charge the subscription fee and any other additional fees or charges you authorize on the credit card provided by you and starting on the date stated by your subscription invoice or other previous payment agreement established between us and you.
3. Credit Card Authorization. By authorizing Bounce Trade to charge a credit card for the fees associated with your Service, you are authorizing Bounce Trade to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Bounce Trade of the new replacement card account) for all fees or charges associated with your subscription to the Service including any renewal fees as described below. Credit cards that are declined for any reason are subject to a thirty-dollar ($30.00) declination fee. Bounce Trade may elect to interrupt Service for fees that reach ten (10) days past due. Service interrupted for nonpayment is subject to a twenty percent (20%) out of outstanding amount as a reconnection charge. Accounts not paid by due date are subject to a ten dollar ($10) late fee. Accounts that are not collectable by Bounce Trade may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay Bounce Trade a processing and collection fee the lesser of one hundred and fifty dollars ($150.00) or as allowed by applicable law.
4. Automatic Renewal of Subscription. When you subscribe to the Service your subscription will be set to automatically renew upon its expiration. This means that unless you explicitly cancel the Service prior to its expiration date, your Service will automatically renew for the same term. At the time of renewal, we will charge your credit card, or invoice you, the then-current fees to renew the Service.
5. Cancellations and Refunds. All fees and charges paid by you in relation to the Service are non-refundable, except (i) you may cancel this Agreement at any time prior to midnight of the third business day as provided for in your Subscription Order following the renewal date or (ii) if we terminate this Agreement for convenience. Following cancellation, Bounce Trade reserves the right to (i) limit or restrict access to the Service and (ii) delete all Your Content.
6. Changes in Price. Bounce Trade may, at any time, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during an existing subscription term for the Service will apply to subsequent subscription terms and to all new members after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
7. Taxes. Charges for Services hereunder do not include any federal, state, local or foreign taxes, duties or levies of any nature (“Taxes”). Any Taxes required to be paid by Bounce Trade as a result of your use of the Service (other than Taxes based on Bounce Trade’s income) shall be billed to and paid by you.
8. Fee Disputes. You agree that if there are problems or questions regarding the Service that you will contact Bounce Trade for assistance and not dispute any charges from us unless you terminate for breach as provided in this Agreement. You agree to inform Bounce Trade of any credit card information changes, including expiration date. You represent and warrant that you are legally authorized to enter into Agreement including use of the credit associated with the account. You agree to provide Bounce Trade with at least three (3) days prior written notice to request termination of any recurring credit card authorization and transition to another form of billing.

6. Temporary Suspension

1. Generally. We may suspend your right to access or use any portion or all of the Service immediately upon notice to you if we determine that:
• your use of or registration for the Service (i) possess a security risk to the Service or any third party, (ii) may adversely impact the Service or the systems or Content of any other customer of Bounce Trade, (iii) may subject us, our affiliates, or any third party to direct or indirect liability (e.g. breach of confidentiality or non-disparagement), or (iv) may be fraudulent;
• you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than seven (7) days; or
• you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any investigation by any agency on your trading or other securities related activities, bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
2. Effect of Suspension. If we suspend your right to access or use any portion or all of the Service:
• you remain responsible for all fees and charges you agreed to as of the Effective Date;
• you will not be entitled to any credit for any period of suspension; and
• we will not erase any of Your Content as a result of your suspension, except as specified elsewhere in this Agreement.
• Our right to suspend your use the Service is in addition to our right to terminate this Agreement pursuant to Section 6.2.

7. Termination

1. Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 7.2.
2. Termination.
• Termination for Convenience. You may terminate this Agreement for any reason by (i) providing us written notice and (ii) closing your account for which we provide you Service and for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you 30 days advance notice.
• Termination for Cause.
• (i) By Either Party. Either party may terminate this Agreement for cause upon ten (10) days advance written notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 10-day notice period.
• (ii) By Us. We may also terminate this Agreement immediately upon notice to you: (a) for cause, if any act or omission by you results in a suspension described in Section 7.1; (b) if our relationship with a third party partner who provides material elements we use to provide the Service expires, terminates or requires us to change the way we provide these elements as part of the Service; (c) if we believe providing the Service could create a substantial economic or technical burden or material security risk for us; (d) in order to comply with the law or requests of governmental entities; or (e) if we determine use of the Service by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
3. Effect of Termination.
4. Generally, upon any termination of this Agreement:
• all your rights under this Agreement immediately terminate;
• you remain responsible for all fees and charges pursuant to Section 6;
• will immediately return or, if instructed by us, destroy all Bounce Trade Content in your possession; and
• Sections 5.1, 5.2, 5.6, 7.3, 8 (except the license granted to you in Section 8.4), 9, 10, 11, 12, 13, and 14 will continue to apply in accordance with their terms.

8. Proprietary Rights

1. Your Content. You or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 8, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Service to you. We may disclose Your Content to provide the Service to you or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
2. Adequate Rights. You represent and warrant to us that:
• you or your licensors own all right, title, and interest in and to Your Content and Your Submissions;
• you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and
• none of Your Content, Your Submissions of Your Content, Your Submissions or the Service will violate the Acceptable Use Policy.
3. Service License. As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Service. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement; and (ii) use the Bounce Trade Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.3, you obtain no rights under this Agreement from us or our licensors to the Service, including any related intellectual property rights.
4. License Restrictions. You may not use the Service in any manner or for any purpose other than as expressly permitted by this Agreement. You may not, or may not attempt to:
• modify, alter, tamper with, or otherwise create derivative works of any intellectual property included in the Service,
• reverse engineer, disassemble, or decompile the Service,
• access or use the Service in a way intended to avoid incurring fees,
• resell or sublicense the Service,
• copy the look-and-feel or functionality of the Bounce Trade’s Marks or Site; (f) remove any Bounce Trade’s Marks without our prior written consent; (g) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Services for commercial purposes, or in a commercial manner; or
• use our Service in any way that is not in compliance with all applicable laws, regulations and government authorizations, including but not limited to securities laws, export control, copyright, trademarks, secrecy, defamation, decency, and privacy related laws, regulations and authorizations. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service you have used.
5. Suggestions. If you provide any Suggestions to us or our affiliates, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.

9. Indemnification

1. General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of, relating to, or concerning:
• your use of the Service;
• breach of this Agreement or violation of applicable law by you;
• Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or
• a dispute between you and a third party. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
2. Process. We will promptly notify you of any claim subject to Section 9.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may:
• use counsel of your own choosing (subject to our written consent) to defend against any claim; and
• settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.