TERMS OF USE AND USER AGREEMENT
Last Updated: March 2026 We offer a range of services depending on your needs. Individuals come to Belanger Trading to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply. IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND USER AGREEMENT (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING TO OR PLACING AN ORDER OVER https://belangertrading.com https://www.belangertrading.com OR OUR OTHER SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 13, 14, AND 15). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. General Use Your use of https://belangertrading.com including any sub-domains thereof, affiliated websites, landing pages, mobile applications, chatrooms, social media applications, and live and recorded webinars, and other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by Belanger Trading LLC (“Belanger Trading,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever. THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU (“YOU”) AND BELANGER TRADING. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY BELANGER TRADING, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. Belanger Trading reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Belanger Trading trademark and logo are proprietary marks of Belanger Trading, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Belanger Trading. Subject to your continued strict compliance with all Terms, Belanger Trading provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. If you purchase a subscription to Belanger Trading’s online materials, Belanger Trading provides you with a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Belanger Trading; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Belanger Trading; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You agree not to use or attempt to use the Website, or any software provided by Belanger Trading, whether alone or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Belanger Trading. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware, including, but not limited to, refraining from: HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Belanger Trading reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Belanger Trading or any third party; “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including, without limitation, postings on social media or third-party blogs) will be deemed a material threat to Belanger Trading's reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including, without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Belanger Trading, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
OUR PRIVACY STATEMENT AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement, and if you and/or your end users are located in the European Union or the United Kingdom. Our Privacy Statement may be viewed here. Belanger Trading reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS
As a Belanger Trading user, you will be required to create an account with Belanger Trading. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Belanger Trading user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account to any third party. You are fully responsible for all transactions with, and information conveyed to you as a Belanger Trading Subscriber/User, including technical information, pricing, business strategy, and data about other past or current Belanger Trading users or their customers.
ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before we accept your order. We may require additional information regarding your order if any required information is missing or inaccurate, and we may cancel or limit an order at any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@belangertrading.com in order to modify or cancel your pending order. We cannot guarantee we can amend your order as instructed. Your purchase order of products and other services is conditioned on your reaffirming your acceptance of this Agreement. All advertised prices are in U.S. Dollars, and all payments shall be in U.S. Dollars.
REFUND POLICY
All sales are final unless otherwise explicitly stated at the time of purchase. Subscription payments are non-refundable once a billing period has commenced. You will retain access to the applicable product or service through the end of the paid subscription period following any cancellation. Cooling-Off Period. Notwithstanding the foregoing, if you are a resident of a state that provides a statutory right of rescission or cooling-off period for subscription or distance contracts, you may cancel your purchase within that period for a full refund of amounts paid. For residents of most states, this period is three (3) business days from the date of purchase. To exercise this right, you must contact us in writing at support@belangertrading.com within the applicable period, clearly stating your intent to cancel and request a refund. Belanger Trading will honor the longest applicable cooling-off period under the law of your state of residence. This cooling-off right applies to your first purchase of a given product or service and does not apply to renewals or re-subscriptions. Where Belanger Trading separately offers a promotional money-back guarantee for a specific product, the terms of that guarantee, including the applicable period and any conditions, will be disclosed clearly at the time of purchase and govern in addition to any statutory cooling-off rights. Any promotional money-back guarantee is limited to one (1) use per customer per product. A customer who obtains a refund under a promotional guarantee and subsequently re-subscribes to the same product within two (2) years is not entitled to an additional guarantee on that product. No refund will be issued where Belanger Trading suspends, limits, or terminates your access for violation of these Terms. Belanger Trading has no knowledge of, and no responsibility for, the amount of money you invest, your risk tolerance, or the results of any financial decisions you make at your own discretion.
SUBSCRIPTION TERMS AND AUTOMATIC PAYMENTS
A Belanger Trading subscriber is responsible for all fees due in connection with their subscription in accordance with these Terms. The first fee is due at account setup. Access to paid services is conditioned on timely payment. Standard Subscriptions. For month-to-month subscriptions, your payment method will be charged the applicable subscription fee plus any applicable taxes at the start of each billing period. Promotional Installment Subscriptions. From time to time, Belanger Trading may offer promotional subscription packages structured as multi-payment installments. The full terms of any such offer, including all payment amounts, payment dates, and cancellation consequences, will be disclosed clearly before you complete your purchase. By way of example, a promotional offer may provide access to a service for an initial period in exchange for an upfront payment, with a second installment due at the end of that period, followed by an annual maintenance fee to maintain continued access. All amounts due under a promotional installment offer are part of your total purchase commitment and are disclosed at checkout. Purchasing a promotional subscription constitutes your agreement to pay all scheduled installments. If you cancel a promotional installment subscription before the end of the initial access period: (a) your access will terminate at the end of the then-current billing period; (b) no further installments will be charged after your cancellation takes effect; and (c) amounts already paid are non-refundable except as required by applicable law or as provided under any separately stated cooling-off or money-back guarantee applicable to your purchase. You will not be charged the remaining installment(s) if you cancel before they come due, but you will forfeit access to the service and any benefits associated with full membership. If you cancel after the final installment has been charged, your access continues through the end of the period covered by that payment. Annual maintenance fees will renew automatically unless you cancel prior to the renewal date. AUTOMATIC RENEWAL DISCLOSURE. SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT RATE. YOUR PAYMENT METHOD ON FILE WILL BE CHARGED AUTOMATICALLY UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE BELANGER TRADING TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS WITHOUT FURTHER AUTHORIZATION UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT DASHBOARD OR BY EMAILING support@belangertrading.com. CANCELLATION TAKES EFFECT AT THE END OF THE CURRENT BILLING PERIOD. For monthly subscriptions, cancellation requests must be received at least forty-eight (48) hours before the start of the next billing period. Requests received after that threshold will take effect at the end of the following billing period. Belanger Trading reserves the right to terminate a user's account for any unpaid balance, with or without notice. Termination does not relieve you of any outstanding payment obligations. If Belanger Trading initiates collection proceedings, you will be responsible for all collection costs including reasonable attorneys' fees.
SECTION 8 – Shipping Fees
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order is delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items passes to you upon our delivery to any third-party carrier.
PRODUCTS, SERVICES, AND PRICES
Products, services, and prices are generally posted at the following URL, but are subject to change: https://joshbelanger/. Belanger Trading reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you. Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Belanger Trading to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will take effect on the first day of the month following your request. By your continued use of Belanger Trading services, and unless you terminate your subscription as provided herein, you agree that Belanger Trading may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you. Belanger Trading takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. When ordering products or services, please note that Belanger Trading does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided otherwise. Belanger Trading descriptions of, or references to, products or services not owned by Belanger Trading are not intended to imply endorsement of that product or service or constitute a warranty by Belanger Trading.
DISCLAIMER; NATURE OF SERVICES; RISK DISCLOSURES
Belanger Trading is a financial publisher that produces and sells educational content, commentary, and analysis related to trading and financial markets. Our products and services are intended for informational and educational purposes only. Individual subscribers come to our content with varying levels of experience, financial resources, and trading approaches. Accordingly, individual results will vary. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, INCLUDING BUT NOT LIMITED TO YOUR LEVEL OF EXPERIENCE, FINANCIAL RESOURCES, RISK TOLERANCE, AND HOW YOU APPLY THE INFORMATION AND EDUCATION YOU RECEIVE. Belanger Trading publishes financial commentary, analysis, and educational content of general circulation. The same content is made available to all subscribers on the same terms. Belanger Trading does not tailor its content, recommendations, or analysis to the individual financial circumstances, investment objectives, or personal situation of any particular subscriber. Belanger Trading publishes its content in reliance on the publisher's exemption from the definition of "investment adviser" under Section 202(a)(11)(D) of the Investment Advisers Act of 1940, as amended. Nothing in these Terms or in any Belanger Trading content shall be construed as establishing an investment adviser-client relationship between Belanger Trading and any subscriber. Belanger Trading is a bona fide publisher of financial education and market commentary. Its publications are of general and regular circulation and are not rendered to subscribers as part of a regular business in which Belanger Trading provides advice as to the value of securities or the advisability of investing in, purchasing, or selling securities. Any reference to a specific security, options contract, trade setup, or market opportunity in Belanger Trading content is made for illustrative and educational purposes only and does not constitute a recommendation, solicitation, or offer to buy or sell that security or any other financial instrument. The fact that Belanger Trading discusses a specific security or trade in its educational content does not mean that Belanger Trading endorses that security or recommends it for any subscriber's portfolio. Conflicts of Interest and Position Disclosure. Belanger Trading, its principals, employees, and affiliates may, from time to time, hold long or short positions in securities, options contracts, or other financial instruments discussed in Belanger Trading's educational content. Where required by applicable law or regulation, such positions will be disclosed in the relevant content. You should assume that Belanger Trading or its principals may have a financial interest in the securities discussed in any educational content and should factor that possibility into your independent evaluation of any information we publish. Belanger Trading may also have business relationships, referral arrangements, or affiliate compensation arrangements with third-party products, services, platforms, or tools mentioned or recommended in its content. Where such a material connection exists, Belanger Trading will disclose it in accordance with the FTC's Endorsement and Testimonials Guides (16 C.F.R. Part 255). The existence of any such relationship does not constitute an endorsement of any third-party product or service, and you should conduct your own due diligence before engaging with any third party referenced in Belanger Trading content. No Investment Advice. Belanger Trading is a financial publisher, not a registered investment adviser, broker-dealer, or financial professional of any kind. The content, commentary, analysis, and educational materials we publish, whether on the Website, through our subscription products, or through any other medium, are provided for general informational and educational purposes only and do not constitute personalized investment advice. Nothing we publish constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation with respect to any security, investment strategy, or financial product. Belanger Trading does not execute trades on your behalf and does not manage your money. You are solely responsible for your own investment decisions, and you should consult a registered investment adviser, licensed attorney, or qualified tax professional before making any investment decision based on your particular circumstances. Hypothetical and Simulated Performance Disclosure. From time to time, our educational content may present hypothetical or simulated trading examples and results. These examples are provided for educational illustration only and have inherent limitations that you should understand before relying on them. Simulated or hypothetical results do not represent actual trading and have generally been prepared with the benefit of hindsight. Because the trades in these examples have not actually been executed, the results may not fully reflect the impact of real market conditions, including transaction costs, slippage, and lack of liquidity. Hypothetical examples do not involve actual financial risk, and no hypothetical record can fully account for the psychological and financial pressures of real trading. PAST RESULTS, WHETHER ACTUAL OR HYPOTHETICAL, ARE NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. YOU MAY LOSE MONEY. WE DO NOT REPRESENT THAT YOU WILL OR ARE LIKELY TO ACHIEVE RESULTS SIMILAR TO ANY EXAMPLES PRESENTED IN OUR EDUCATIONAL CONTENT. No Performance Claims. Belanger Trading does not make earnings claims, income claims, or return-on-investment claims in connection with the purchase of our educational products or subscriptions. Our products teach trading concepts, strategies, and analytical methods — they do not guarantee any particular outcome. You may not recoup the cost of your subscription. The value of our content lies in the education and information provided, not in any promise of financial return. You should purchase our products with the understanding that applying trading education takes time, practice, and discipline, and that no educational content can guarantee profitable trading results. Testimonials, Performance Screenshots, and Subscriber Results. From time to time, Belanger Trading's Website, marketing materials, or educational content may feature testimonials, reviews, performance screenshots, or descriptions of results achieved by specific subscribers or by Belanger Trading's principals. These results are not typical. Subscribers who purchase Belanger Trading products should not expect to achieve the same or similar results. The results featured in any testimonial or performance example reflect the unique circumstances, experience level, risk tolerance, and market conditions applicable to that individual at that particular time and are not representative of what most subscribers experience. Belanger Trading does not have data showing what the typical subscriber achieves as a result of purchasing or using its products, and no such typical result can be reliably stated. IN ACCORDANCE WITH THE FEDERAL TRADE COMMISSION'S ENDORSEMENT AND TESTIMONIALS GUIDES (16 C.F.R. PART 255), ANY TESTIMONIAL OR PERFORMANCE RESULT FEATURED IN BELANGER TRADING CONTENT REPRESENTS AN EXCEPTIONAL OUTCOME AND SHOULD NOT BE INTERPRETED AS A GUARANTEE, PROMISE, OR REPRESENTATION OF WHAT YOU CAN EXPECT TO ACHIEVE. Options Trading Risk Disclosure. Belanger Trading's educational content includes discussion of options trading strategies and techniques. Options trading involves a high degree of risk and is not appropriate for all investors. Before trading options, you should carefully read and understand the risks described in the Characteristics and Risks of Standardized Options disclosure document published by the Options Clearing Corporation (OCC), available at www.theocc.com. Specific risks of options trading include but are not limited to the following: (i) the buyer of an option may lose the entire premium paid plus transaction costs; (ii) options are subject to time decay, meaning the value of an option position may erode over time regardless of the direction of the underlying security; (iii) options strategies involving multiple positions, including spreads, straddles, and combinations, involve complex risk profiles and may result in losses exceeding the initial investment; (iv) the markets for certain options may be illiquid, making it difficult or impossible to close an open position at a favorable price; and (v) leverage inherent in options positions can magnify both gains and losses. PAST EDUCATIONAL EXAMPLES INVOLVING OPTIONS STRATEGIES DO NOT REPRESENT ACTUAL TRADING RESULTS AND SHOULD NOT BE RELIED UPON AS AN INDICATION OF FUTURE PERFORMANCE. YOU SHOULD ONLY TRADE OPTIONS WITH RISK CAPITAL YOU CAN AFFORD TO LOSE ENTIRELY. General Trading Risk Disclosure. TRADING STOCKS, OPTIONS, AND OTHER FINANCIAL INSTRUMENTS INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT APPROPRIATE FOR ALL INVESTORS. YOU MAY LOSE ALL OR MORE THAN THE FUNDS YOU COMMIT TO TRADING. THE INFORMATION AND EDUCATION WE PUBLISH IS NOT A SUBSTITUTE FOR YOUR OWN INDEPENDENT RESEARCH AND JUDGMENT. CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, FINANCIAL RESOURCES, AND LEVEL OF EXPERIENCE BEFORE MAKING ANY TRADING OR INVESTMENT DECISION. The disclaimers and disclosures set forth in this Section 10 are material terms of this Agreement and form part of the basis on which Belanger Trading offers its products and services at the prices charged. BY PURCHASING ANY BELANGER TRADING PRODUCT OR SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL DISCLAIMERS IN THIS SECTION 10\. THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 14 OF THIS AGREEMENT ARE EXPRESSLY CONDITIONED ON YOUR ACKNOWLEDGMENT OF THE RISKS AND DISCLAIMERS DESCRIBED HEREIN.
TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Belanger Trading is pleased to hear from users and customers and welcomes your comments regarding our services and products. Belanger Trading may use testimonials and/or product reviews in whole or in part, together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Belanger Trading services or products, in printed and online media, as Belanger Trading determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond Belanger Trading’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Belanger Trading a royalty-free, worldwide, perpetual, nonexclusive, and irrevocable license to use them. Additionally, Belanger Trading reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Belanger Trading shall be under no obligation to use any, or any part of, any testimonial or product review submitted. You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Belanger Trading reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Belanger Trading a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Belanger Trading and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Belanger Trading for all claims resulting from content you supply. Belanger Trading has the right but not the obligation to monitor and edit or remove any activity or content. Belanger Trading takes no responsibility and assumes no liability for any content posted by you or any third party.
COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS (“TARGETING”)
As a Belanger Trading user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227\) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times. SMS Communications. Belanger Trading may, at its discretion, use SMS/text messaging services to deliver notices, alerts, and other communications to users who have opted in to receive them. Message frequency varies. Message and data rates may apply. You can text HELP to the sending number for assistance and reply STOP at any time to cancel text message communications. Wireless carriers are not liable for delayed or undelivered messages. By providing your mobile telephone number and opting in to SMS communications, you consent to receive recurring automated text messages from Belanger Trading at the number provided. Consent is not a condition of purchase. If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including, without limitation, the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Belanger Trading from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Belanger Trading relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Belanger Trading. You further understand and agree that Belanger Trading has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including, without limitation, social media platforms, messaging applications and platforms, internet browser chat functions, and internet browser notifications. BELANGER TRADING DOES NOT WARRANT THAT ANY BELANGER TRADING MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE. COMMITMENT AGAINST TARGETING, HARASSMENT, AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL BELANGER TRADING OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER BELANGER TRADING HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. MAXIMUM LIABILITY CAP. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, BELANGER TRADING IS FOUND LIABLE UNDER ANY THEORY, BELANGER TRADING’S TOTAL CUMULATIVE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY PAID BY YOU TO BELANGER TRADING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY, OR FIVE HUNDRED DOLLARS (USD $500.00), WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER BELANGER TRADING WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. If you have a complaint, dispute, or controversy, you agree to first contact us at support@belangertrading.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 19 and 20 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Miami-Dade County, Florida, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Belanger Trading. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Opt-Out Right. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY SENDING WRITTEN NOTICE TO BELANGER TRADING LLC, ATTN: LEGAL, 1221 BRICKELL AVE, STE 900, MIAMI, FLORIDA 33131, STATING YOUR NAME, THE PRODUCT OR SERVICE YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION. IF YOU OPT OUT, ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT, AND DISPUTES SHALL BE RESOLVED IN THE STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA, AS PROVIDED IN SECTION 16 BELOW. Public Injunctive Relief. Notwithstanding any other provision of this arbitration agreement, nothing herein shall be construed to prohibit you from seeking public injunctive relief in a court of competent jurisdiction to the extent that such relief is available under applicable law and cannot lawfully be waived. Any such claim for public injunctive relief may be stayed by a court pending the outcome of the individual arbitration on the merits. You and Belanger Trading agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Belanger Trading expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. This provision survives termination of your account or relationship with Belanger Trading, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
BELANGER TRADING’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Belanger Trading, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Belanger Trading or a third-party, Belanger Trading shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Belanger Trading from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Miami-Dade County, Florida (state) and the Southern District of Florida (federal) for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Belanger Trading, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
Belanger Trading respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that materials or content available on the Website infringe any copyright you own, you or your agent may send Belanger Trading a written notice requesting that the materials or content be removed. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Belanger Trading a counter-notice. To be effective, any notice of claimed infringement must include all of the following: (1) a description of the copyrighted work you claim has been infringed; (2) a description of the material on the Website that you claim is infringing and that you are requesting be removed; (3) information reasonably sufficient to permit us to locate the allegedly infringing material, including the specific URL where it appears; (4) your name, address, telephone number, and email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf; and (7) your physical or electronic signature, provided that typing your full legal name is sufficient. Notices and counter-notices should be sent to Belanger Trading, Attention Legal Department, 1221 Brickell Ave, Suite 900, Miami, FL 33131, or by e-mail to support@belangertrading.com. Please be aware that Belanger Trading may forward your notice, including your contact information, to the user who posted the allegedly infringing content. It is also the policy of Belanger Trading to suspend or terminate, in appropriate circumstances and in its sole discretion, the accounts of users who are repeat copyright infringers.
THIRD-PARTY LINKS
The Website may contain links to other websites. The views, information, or opinions expressed on or during any Belanger Trading or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of Belanger Trading or its parent companies. Further, Belanger Trading is not responsible for, and does not verify, the accuracy of any information contained in any Belanger Trading or content. The primary purpose of these resources is to educate, inspire, and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. Belanger Trading assumes no responsibility for the content or functionality of any non-Belanger Trading website to which we provide a link. Please see our Privacy Statement for more details.
TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violate any law, whether in connection with your use of Belanger Trading or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10, 17, 19 through 29 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Belanger Trading. Upon termination, you remain responsible for any outstanding payments to Belanger Trading.
NO WAIVER
No failure or delay on the part of Belanger Trading in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Belanger Trading.
GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Belanger Trading, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Florida without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 16 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Miami-Dade County, Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis.
FORCE MAJEURE
Belanger Trading will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
ASSIGNMENT
Belanger Trading may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Belanger Trading's (or its assigns’) express written consent.
ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with Belanger Trading through the Website or via other electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
CHANGES TO THE AGREEMENT
We reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Belanger Trading has the right to rely upon all information provided to Belanger Trading by you, and Belanger Trading may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website. You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Belanger Trading of the same within 24 hours. Belanger Trading, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Belanger Trading without incurring any obligation or liability to you.
SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Belanger Trading and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Belanger Trading. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted on the Website by us. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to support@belangertrading.com.