This Online Account Management System Terms of Use (as amended, restated, supplemented, or otherwise modified in accordance with its terms, this "Agreement") sets forth the terms and conditions upon which you and your representatives shall be entitled to use Express Trade Capital, Inc.’s (“ETC”) online account management system (the “Site”).

1. Agreement. This Agreement governs your access to and use of the Site. This Agreement may be modified at any time by ETC by posting the modified Agreement to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. Your use of this Site shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Site Content. The Site is provided on an "as is" basis and may use internet services that are not under our direct control. While we strive to provide accurate information, we do not warrant that the information contained on the Site is accurate, complete, or current. We reserve the right to correct errors and to modify or cancel transactions that were consummated using incorrect information. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Site or any of its features at any time.
3. Intellectual Property. All content on this Site including without limitation graphics, logos, trademarks, images, and software is, and shall continue to be, the property of ETC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Site Use. ETC grants you a limited, revocable, nonexclusive license to use this Site solely for your own business use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the Site, reverse engineer or hack into the Site, or use materials, products or services in violation of any law. Your use of this Site is at the discretion of ETC who may terminate your access and use at any time. You agree that any actions taken by you on the Site may be relied upon by ETC and will be binding upon you.
5. Compliance with Laws. You agree to comply with all applicable laws and the terms of any agreements you have with ETC when using the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge. You agree to establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
6. Indemnification. You agree to indemnify, defend and hold ETC and our service providers, refactors, employees, officers, directors and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site, including any unauthorized use using your login credentials.
7. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ETC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ETC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ETC WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
9. Applicable Law. You agree that the laws of the state of New York without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and ETC or its affiliates. Exclusive venue for any action related to this Agreement shall be the state and federal courts located in the state and city of New York. YOU WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY MATTER RELATED TO THIS AGREEMENT.
10. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11. Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.