The Impeccable Stock Software Terms of Use

Last revised on: February 15, 2021

The websites www.TheImpeccableInvestor.com, www.TheImpeccableStockSoftware.com, app.TheImpeccableStockSoftware.com and http://help.theimpeccablestocksoftware.com, and the content made available through those websites, including all material in written, audio, video or other form subject to the United States copyright laws (the “Content”) (these websites and the Content together, the “Site”) are copyrighted works belonging to ABTrades LLC, a Texas limited liability company d/b/a The Impeccable Stock Software (“The Impeccable Stock Software”, “us”, “our”, and “we”) or its licensors. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. THESE TERMS OF USE (THESE “TERMS”) SET FORTH LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CERTAIN CONTENT ACCESSIBLE IN SELECT AREAS OF THE SITE MAY PROVIDE LINKS TO THIRD PARTIES. IF YOU CLICK ON THOSE LINKS, IN SOME CASES WE MAY RECEIVE COMMISSIONS OR OTHER COMPENSATION. YOUR USE OF THE SITE IS SUBJECT TO IMPORTANT DISCLAIMERS IN THIS DOCUMENT. PLEASE REVIEW IT CAREFULLY BEFORE USING THE SITE. Access to the Site; Accounts License and Access to Support Services. Subject to these Terms, (a) The Impeccable Stock Software grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and a private online community forum hosted by a third-party service, Discord (the “Community”) solely for your own personal, noncommercial use; and (b) The Impeccable Stock Software will provide you with e-mail and chat support via the Site’s interface. Support and Maintenance. Other than the support described in Section 1.1(b), The Impeccable Stock Software will have no obligation to provide you with any support or maintenance in connection with the Site, and The Impeccable Stock Software’s provision of support or maintenance to you or to other users from time to time does not amount to a commitment to continue providing the same. Restrictions. The rights granted to you in these Terms are subject to any restrictions on usage that may be displayed within the Site’s or the Community’s user interface from time to time and the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof. Modification. The Impeccable Stock Software reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. The Impeccable Stock Software will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site are owned by The Impeccable Stock Software or our suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1(a). The Impeccable Stock Software and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. The Impeccable Stock Software may suspend or terminate your Account in accordance with these Terms. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify The Impeccable Stock Software of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Impeccable Stock Software cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or the Community (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by The Impeccable Stock Software. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Impeccable Stock Software is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Your License to The Impeccable Stock Software. You hereby grant (and you represent and warrant that you have the right to grant) to The Impeccable Stock Software an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site or the Community to collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) violates any law or regulation of any jurisdiction worldwide or obligations or restrictions imposed by any third party. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site or the Community any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site or the Community any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site or the Community to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or the Community, or violate the regulations, terms, policies or procedures of such networks or of the third-party service that hosts the Community; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or the Community; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or the Community, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site or the Community. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with these Terms and/or reporting you to law enforcement authorities. Feedback. If you provide The Impeccable Stock Software with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to The Impeccable Stock Software all rights in such Feedback and agree that The Impeccable Stock Software shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Impeccable Stock Software will treat any Feedback you provide to The Impeccable Stock Software as non-confidential and non-proprietary. You agree that you will not submit to The Impeccable Stock Software any information or ideas that you consider to be confidential or proprietary. Subscription Service; No Refunds. The Site, Content and Community are made available to you on a subscription basis, and you may choose the extent to which during the subscription period you access or use them. Accordingly, we not offer refunds should you choose not to use the Site, Content or Community during the subscription term or any portion of it. Your purchase of the subscription and any other purchases or other financial transactions that you may make through the Site are non-refundable, and are subject to other written terms that may appear in the Site’s interface at the time of your purchase. Indemnification. You agree to indemnify and hold The Impeccable Stock Software (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations or (d) your User Content. The Impeccable Stock Software reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Impeccable Stock Software. The Impeccable Stock Software will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Third-Party Links & Ads; Other Users Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of The Impeccable Stock Software, and The Impeccable Stock Software is not responsible for any Third-Party Links & Ads. The Impeccable Stock Software provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. Other Users. Each Site and Community user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site and Community users are solely between you and such users. You agree that The Impeccable Stock Software will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Community user, we are under no obligation to become involved. Release. You hereby release and forever discharge The Impeccable Stock Software (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site and Community users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Disclaimers THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE IMPECCABLE STOCK SOFTWARE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

THE IMPECCABLE STOCK SOFTWARE IS NOT A REGISTERED INVESTMENT, LEGAL OR TAX ADVISOR OR A BROKER/DEALER, AND DOES NOT, BY MAKING THE SITE, CONTENT OR COMMUNITY AVAILABLE TO YOU, ENTER INTO ANY OTHER AGREEMENT WITH YOU OR ENTER INTO ANY OTHER RELATIONSHIP WITH YOU OTHER THAN THIS AGREEMENT EXPRESSLY PROVIDES. WE OFFER THE SITE AND COMMUNITY AS EDUCATIONAL MATERIAL, BUT YOU SHOULD NOT MAKE INVESTMENT-RELATED DECISIONS WITHOUT EXERCISING YOUR OWN JUDGMENT, CONSULTING WITH YOUR OWN FINANCIAL ADVISOR AND REVIEWING INVESTMENT MATERIALS MADE AVAILABLE BY ISSUERS OF STOCK.

. FOLLOWING ADVICE PROVIDED IN OUR SITE OR COMMUNITY IS NOT GUARANTEED TO PRODUCE ANY PARTICULAR RESULT FOR YOU. RESULTS FOR DIFFERENT USERS OF THE SITE WILL VARY. INVESTING IS INHERENTLY RISKY AND YOU SHOULD NOT INVEST UNLESS YOU CAN COMFORTABLY TOLERATE SHORT-TERM AND LONG-TERM FINANCIAL LOSSES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPECCABLE STOCK SOFTWARE (AND OUR SUPPLIERS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INVESTMENT-RELATED LOSSES (FINANCIAL OR OTHERWISE), TAX CONSEQUENCES OF INVESTMENT-RELATED DECISIONS, LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF THE IMPECCABLE STOCK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNT OF FEES THAT YOU HAVE PAID US FOR YOUR SUBSCRIPTION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS 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.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect as an agreement between you and us during the subscription period that you choose when you register (“Subscription Period”). We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of the Subscription Period, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from databases that we operate or control. The Impeccable Stock Software will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2 through 1.5, Sections 1.8 through 1.13, and Sections 4 through 7. General Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with The Impeccable Stock Software and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by The Impeccable Stock Software that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and The Impeccable Stock Software, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to The Impeccable Stock Software should be sent to: ABTrades LLC Attn: Legal Department P.O. Box 668 Montgomery, TX 77356

After the Notice is received, you and The Impeccable Stock Software may attempt to resolve the claim or dispute informally. If you and The Impeccable Stock Software do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Arbitration Rules. Arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. The rules of the ADR Provider (“Arbitration Rules”) shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator at an ADR Provider to which the parties agree. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that The Impeccable Stock Software made to you prior to the initiation of arbitration, The Impeccable Stock Software will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. Time Limits. If you or The Impeccable Stock Software pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and The Impeccable Stock Software, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The Impeccable Stock Software. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and The Impeccable Stock Software in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE IMPECCABLE STOCK SOFTWARE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with The Impeccable Stock Software. Small Claims Court. Notwithstanding the foregoing, either you or The Impeccable Stock Software may bring an individual action in small claims court. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby submit to the personal jurisdiction of the state or federal courts located within Montgomery, Texas for such purpose. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from The Impeccable Stock Software, or any products utilizing such data, in violation of the United States export laws or regulations. Electronic Communications. The communications between you and The Impeccable Stock Software use electronic means, whether you use the Site or send us emails, or whether The Impeccable Stock Software posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The Impeccable Stock Software in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Impeccable Stock Software provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Entire Agreement; Severability; Waiver; Relationship of the Parties; No Assignment. These Terms are the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to The Impeccable Stock Software is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without The Impeccable Stock Software’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Impeccable Stock Software may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon permitted assignees. Copyright & Trademark Information. Copyright © 2020 ABTRADES LLC D/B/A THE IMPECCABLE STOCK SOFTWARE. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.