Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TRADE WHILE I SLEEP.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Trade While I Sleep may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET OUT IN SECTION 6 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TRADE WHILE I SLEEP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular region webpage on tradewhileisleep.com) or in connection with the applicable Service(s). Supplemental terms are in addition to and are incorporated herein by reference for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Risks Associated with FOREX and trading foreign currencies is a challenging and potentially profitable opportunity for educated and experienced traders. However, before deciding to participate in the FOREX market, you should carefully consider your trading objectives, level of experience and risk. Most importantly, do not invest money you cannot afford to lose.
There is considerable exposure to risk in any off-exchange foreign exchange transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price or liquidity of a currency or currency pair.
Moreover, the leveraged nature of forex trading means that any market movement will have an equally proportional effect on your deposited funds. This may work against you as well as for you. The possibility exists that you could sustain a total loss of initial margin funds and be required to deposit additional funds to maintain your position. If you fail to meet any margin requirement, your position may be liquidated, and you will be responsible for any resulting losses. Traders may lower their exposure to risk by employing risk-reducing strategies such as “stop-loss” or “limit” orders.
There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. Trade While I Sleep is not responsible for communication failures or delays when trading via the Internet. Trade While I Sleep employs backup systems and contingency plans to minimize the possibility of system failure.
Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general market commentary and do not constitute investment advice. Trade While I Sleep is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of or reliance on such information.
Trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Trading with high leverage may increase the losses suffered. Please use caution when using leverage in trading or investing. The possibility exists that you could sustain a loss of some or all of your initial account balance and therefore you should not trade money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading and seek advice from an independent financial advisor if you have any doubts. Trade While I Sleep has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice.
- The Services
Trade While I Sleep is a software company that develops expert advisors that utilize artificial intelligence to trade the forex market based on the settings you provide. The Services comprise software and related services (each, an “Application”), which provide a license for the use of software which enables Users to utilize artificial technology to trade on forex markets. Unless otherwise agreed by Trade While I Sleep in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AN INDEPENDENT THIRD PARTY CONTRACTOR AND ARE NOT EMPLOYED BY TRADE WHILE I SLEEP OR IT”S AFFILIATES AND THAT YOUR ABILITY TO REFER OR USE OF THE SERVICES AND HAS NO POWER TO BIND TRADE WHILE I SLEEP TO ANY OBLIGATION AND YOU ARE RESPONSIBLE FOR ALL APPLICABLE INCOME, SALES, SOCIAL SECURITY, UNEMPLOYMENT OR OTHER TAX, LICENSE, OR FEE ARISING OUT OF YOUR ACTIVITIES HEREUNDER.
Subject to your compliance with these Terms, Trade While I Sleep grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
(i) access and use the Applications solely in connection with your use of the Services; and
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Trade While I Sleep and Trade While I Sleep”s licensors.
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Trade While I Sleep;
(iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the Services;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
(vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under Trade While I Sleep”s various brands or request options associated artificial intelligence software, including Forex trading software request brands currently referred to as “Trade While I Sleep,” “Hamilton or Hami,” “Benjamin or Benji” and “Dexter or SteroidDexter” or “Logan” You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
(i) certain of Trade While I Sleep”s subsidiaries and affiliates.
Third-Party Services and Content
The Services and all rights therein are and shall remain Trade While I Sleep”s property or the property of Trade While I Sleep”s licensors. Neither these Terms nor your use of the Services convey or grant you any rights:
(i) in or related to the Services except for the limited license granted above; or
(ii) to use or reference in any manner Trade While I Sleep”s company names, logos, product and service names, trademarks or service marks or those of Trade While I Sleep”s licensors.
- Access and Use of the Services
Users and Third-Party Providers must register for and maintain an active personal user account (“Account”) and must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to use the Services or be at least 21 years of age (or the age of legal majority in your jurisdiction if greater than 21) to be a Third-Party Provider of Services.
Account registration requires you to submit to Trade While I Sleep certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method supported by Trade While I Sleep. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Trade While I Sleep in writing, you may only possess one Account.
Requirements and Conduct of Users of Services
In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. Further, you agree that you will:
- Not authorize third parties to use your Account;
- Not allow persons under the age of 18 (or the age of legal majority in your jurisdiction if different than 18) to receive services from Third-Party Providers unless they are accompanied by you;
- Not assign or otherwise transfer your Account to any other person or entity;
- Comply with all applicable law, statute, rule, permit, ordinance or regulation when accessing or using the Services;
- Not access or use the Services for unlawful purposes
- Not post or provide information in a manner that is false, inaccurate, misleading, defamatory, libelous, abusive, profane, offensive, sexually oriented, threatening, or harassing;
- Not transfer or sell your Account, password or identification to another party; or
- Not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
Requirements and Conduct of Third-Party Providers
You represent, warrant and agree that:
- You will not make any misrepresentation regarding Trade While I Sleep, the Services or your status as a Third-Party Provider;
- You will not attempt to defraud Trade While I Sleep or Third-Party Providers in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable payments for the Services in question.
- You agree that Trade While I Sleep may use and share any information obtained about you with any of its affiliates and subsidiaries.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you (1099 tax form).
Referrals and Promotional Codes
Trade While I Sleep may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third-Party Provider”s services, or other features or benefits related to the Services and/or a Third-Party Provider”s services, subject to any additional terms that Trade While I Sleep establishes. You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Trade While I Sleep;
(iii) may be disabled by Trade While I Sleep at any time for any reason without liability to Trade While I Sleep;
(iv) may only be used pursuant to the specific terms that Trade While I Sleep establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use.
Trade While I Sleep reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Trade While I Sleep determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Trade While I Sleep”s Terms.
User Provided Content
Trade While I Sleep may, in Trade While I Sleep”s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Trade While I Sleep through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Trade While I Sleep, you grant Trade While I Sleep a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Trade While I Sleep”s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
(i) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents Trade While I Sleep the license to the User Content as set forth above; and
(ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Trade While I Sleep”s use of the User Content as permitted herein will infringe, misappropriate or violate a third party”s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Trade While I Sleep in its sole discretion, whether or not such material may be protected by law. Trade While I Sleep may, but shall not be obligated to, review, monitor, or remove User Content, at Trade While I Sleep”s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network”s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Trade While I Sleep does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Trade While I Sleep will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by Trade While I Sleep using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method has expired, is invalid, or otherwise not able to be charged, you agree that Trade While I Sleep may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise determined by Trade While I Sleep.
As between you and Trade While I Sleep, Trade While I Sleep reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Trade While I Sleep” sole discretion. Trade While I Sleep will use reasonable efforts to inform you of Charges that may apply, and that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Trade While I Sleep may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider”s behalf. Trade While I Sleep may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third-Party Providers or other third parties.
In certain cases, with respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and Trade While I Sleep will collect payment of those charges from you, on the Third-Party Provider”s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services.
- Disclaimer; Limitation of Liability; Indemnity.
YOU ACKNOWLEDGE AND AGREE THAT TRADE WHILE I SLEEP IN NO WAY GUARANTEES THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICES. AT NO TIME DOES TRADE WHILE I SLEEP AGREE TO PROVIDE NOR IS ANY THIRD-PARTY PROVIDER OF SERVICES PERMITTED TO PROVIDE YOU WITH A GUARANTEE OF SERVICES.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRADE WHILE I SLEEP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TRADE WHILE I SLEEP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRADE WHILE I SLEEP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TRADE WHILE I SLEEP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TRADE WHILE I SLEEP, EVEN IF TRADE WHILE I SLEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, TRADE WHILE I SLEEP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER; OR
(iii) ANY NON-PERFORMANCE OF SERVICES OR PARTS OF THESE SERVICES, WHETHER IMPOSED BY THIS AGREEMENT OR NOT, EVEN IF TRADE WHILE I SLEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRADE WHILE I SLEEP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRADE WHILE I SLEEP” REASONABLE CONTROL.
YOU AGREE THAT TRADE WHILE I SLEEP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRADE WHILE I SLEEP LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TRADE WHILE I SLEEP” CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify, defend and hold Trade While I Sleep and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys” fees), arising out of or in connection with:
(i) your use of the Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) Trade While I Sleep”s use of your User Content; or
(iv) your violation of the rights of any third-party, including Third-Party Providers.
- Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Trade While I Sleep on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Trade While I Sleep, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Trade While I Sleep by someone else.
Agreement to Binding Arbitration Between You and Trade While I Sleep
You and Trade While I Sleep agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Trade While I Sleep, and not in a court of law.
You acknowledge and agree that you and Trade While I Sleep are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Trade While I Sleep otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Trade While I Sleep each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party”s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA”s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. ” 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint an Arbitrator in accordance with the AAA Rules.
Location and Procedure
Unless you and Trade While I Sleep otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Trade While I Sleep submitted to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant”s individual claim. An Arbitrator”s decision shall be final and binding on all parties. An Arbitrator”s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Trade While I Sleep will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in this Section 6 above, regarding consent to be bound by amendments to these Terms, if Trade While I Sleep changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Trade While I Sleep written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by email from the email address associated with your Account to: firstname.lastname@example.org.” In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Trade While I Sleep in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties” ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration.
- Other Provisions
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non- Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 6 of these Terms, are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 6 or to any arbitrable disputes as defined therein. Instead, as described in Section 6, the Federal Arbitration Act shall apply to any such disputes. Notice.
Trade While I Sleep may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Trade While I Sleep, with such notice deemed given when received by Trade While I Sleep, at any time by first class mail or pre-paid post to our registered agent for service of process, Trade While I Sleep.
You may not assign these Terms without Trade While I Sleep”s prior written approval. Trade While I Sleep may assign these Terms without your consent to
(i) a subsidiary or affiliate;
(ii) an acquirer of Trade While I Sleep”s equity, business or assets; or
(iii) a successor by merger.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Trade While I Sleep or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Trade While I Sleep”s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trade While I Sleep in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.