AFTP User

Saturday, May 27 2017, 08:53PM

AFTP Terms of Use

Welcome to The Academic Financial Trading Platform (AFTP) Web site, operated by PMC Advanced Technology, LLC (PMC), located at www.academictrader.org (Site). The following terms and conditions (Terms) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately.

THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT A TRADING SITE, NOR DOES IT CONDUCT TRADING IN ANY WAY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL, TAX, FINANCIAL OR INVESTMENT ADVICE, AND PMC IN NO WAY REPRESENTS OR WARRANTS THAT THE SITE PROVIDES ANY SUCH ADVICE OR ASSURANCES. ALWAYS CONSULT A FINANCIAL CONSULTANT OR OTHER PROFESSIONAL WHEN CONDUCTING TRADES OR SIMILAR ACTIVITY.

In order to access certain content, software, services, products or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and will then be asked to select a user name and password. You may be required to provide PMC with certain information about yourself including some types of personally identifying information such as your email and your location. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at csengupta@pmc-at.com.

As between any user and PMC, PMC, its subsidiaries and affiliates, assigns, owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site ("Site Material"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and PMC, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to PMC or its affiliates, licensors, or suppliers, whether registered or unregistered. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.

From time to time, services or products on the Site may be available for purchase. By registering for such services from PMC or purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason PMC does not receive payment for a purchase, PMC may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms or any applicable Agreement. You are also responsible for paying any governmental taxes imposed in connection with use of the Site and Software, including sales, use or excise taxes (excluding any taxes on PMC.s net income). To the extent that PMC is obligated to collect such taxes, the applicable tax will be added to your billing account. All fees payable to PMC are non-refundable.

You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with PMC; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, .spam. messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone; (f) posting non-local or otherwise irrelevant User Content (as defined below) or otherwise imposing an unreasonable or excessively great amount of User Content on the Site; or (g) attempting to gain unauthorized access to PMC.s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from PMC. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without PMC.s prior written consent. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to PMC and that in the event of such unauthorized use, PMC shall be entitled to an injunction in addition to any other remedies available at law or in equity.

The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, ratings, postings, and other materials and information for access, use, and commentary by other users to the Site ("User Content"). Failure to comply with these Terms, or with any of PMC's published policies, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a "bait and switch"; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.

Upon your submission of User Content or other material or information to PMC, you grant PMC a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. PMC may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. PMC shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.

The Site is available for informational purposes only. Parties other than PMC may provide products, services, data or content on the Site. Additionally, the Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. PMC does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party.s website is at your own risk, and subject to the terms and conditions of such other websites. PMC does not endorse any product, service, or treatment provided on a third party website or advertised on the Site, nor does it control, promote, or have any affiliation with a third party website unless expressly stated herein.

Any personal information that you provide to PMC on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to PMC via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact PMC by regular mail at 1288 Route 73 South, Suite 401, Mount Laurel, NJ 08057.

PMC, its subsidiaries and affiliates, and members of the AFTP Expert Panel are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, Software, products, data, services, links, advertisements or other items contained within the Site. PMC reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. PMC cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, including information posted to the marketplace or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Material or User Content and that you may not rely on such Site Material or User Content.

THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, SOFTWARE, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE .AS IS. AND .WITH ALL FAULTS.. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. PMC AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.

PMC AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR PMC HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF PMC AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, SOFTWARE, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF PMC AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel PMC has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

You shall indemnify PMC and its directors, officers, employees, agents, contractors and licensors (PMC Indemnitees), as well as members of the AFTP Expert Panel, against all claims, actions, suits, and other proceedings (Claims) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to PMC), or any breach by you of these Terms and shall indemnify and hold PMC Indemnitees and members of the AFTP Expert Panel harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys. fees and attorneys. disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of PMC. PMC or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If PMC or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to PMC, subject to the right of PMC to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

PMC uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. PMC will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to PMC via the Site or the Internet, including, for example, personal information such as your name or address.

If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to PMC at csengupta@pmc-at.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."

PMC reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. PMC may suspend or terminate your account and/or your ability to use the Site or any services on the Site for failure to comply with these Terms, for providing PMC with untrue or inaccurate information about yourself, for infringement upon PMC.s proprietary rights, or for any other reason whatsoever or for no reason.

These Terms represent the entire agreement between you and PMC with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in New York City, New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

The Site is controlled and operated from within the United States. Without limiting anything else, PMC makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of PMC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words .includes. and .including. and their syntactical variations shall be deemed followed by the words .without limitation.. The Site must not be used by children under 13. Any ambiguities or inconsistencies between or among these Terms, any Agreement and any other agreement between the parties shall be resolved by giving precedence to any applicable Agreement, then to these Terms, then to any other agreements between the parties. Silence on any matter in a higher order document does not negate the provision in a lower order document as to that matter.

Policy Effective Date: December 1, 2011