Version 2.0.0 ·
MyTradingVault
Last updated: August 10, 2026
These Terms of Use (“Terms”) apply to the access and use of the MyTradingVault platform (“Service”) provided by MyTradingVault LLC (“MTV,” “we,” “us,” or “our”). These Terms constitute a legally binding agreement between MTV and you (“you” or “your”). By clicking the consent checkbox below, accessing or using the Service, you acknowledge that you have read, understood, and agree to these Terms, including the disclosures, limitations, and responsibilities in these Terms. If you do not agree, click “Cancel” and you will be signed out. You cannot access the Service unless you accept these Terms. These Terms do not supersede or replace any other agreements between you and MTV.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ON LIABILITY. THESE TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST MTV AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE USE OF, OR OTHERWISE RELATE TO THE SERVICE.
(a) The Service is Informational Only. The Service is a personal trading journal and analytics tool. Based on data or information that you provide or permit the Service to access (“Inputs”) and your configurations of the Service, the Service may generate or display analysis, reports, estimates, forecasts, visualizations, or other output (“Output”) using standard models and calculation methods built into the Service. The Service and its Output are provided for informational purposes only and are not intended to constitute (i) personalized investment advice about securities or commodity interests, tax, legal, accounting, or financial advice; or (ii) an offer or solicitation to buy or sell any security, commodity interest, or any other financial product. Nothing displayed by the Service is intended to constitute a recommendation to buy, sell, hold, roll, close, or otherwise transact in any security, commodity interest, option, futures contract, or other financial instrument. Position metrics, rolling-chain reconstructions, P&L summaries, Greeks calculations, after-hours marks, Black–Scholes proxies, scenario analyses, and any other computed value displayed in the Service are provided for your information only and are not a substitute for advice from a qualified professional. Neither MTV nor the Service is registered with regulatory authorities as a securities broker or dealer or exchange, investment adviser, commodity trading advisor, futures contract exchange, tax advisor, or any other form of regulated financial services provider or market intermediary, and the Service and its Output should not be relied upon for any purpose served by such persons and entities. You acknowledge and agree that any determination to engage in any investment or financial transactions must be made by you, based on your own judgment as to whether a particular transaction is appropriate or suitable for you based on your investment objectives and personal and financial situation, and must be conducted by you through an appropriate financial institution as further detailed herein. You further acknowledge that transactions in securities or other financial instruments are subject to a variety of risks and that the Service is not responsible for publishing, and shall not provide, any description of relevant risk factors that may warrant consideration by you prior to engaging in any investment or financial transaction.
(b) Your Responsibility. You acknowledge and agree that, in order to transact in self-directed trading of securities or any other financial instrument, you must open an account with a registered securities broker-dealer or other appropriate registered intermediary that has agreed to make the Service available to its customers. While MTV may offer certain technological integrations between the Service and the trading platforms of certain registered securities broker-dealers, MTV does not accept, handle, or transfer customer funds, securities, or other financial instruments and does not route for clearing, execute, or clear securities transactions. You further acknowledge and agree that you are responsible for conducting your own review in selecting a registered securities broker-dealer or other registered intermediary and your relationship with any such broker-dealer or other firm with which you open an account will be governed by a customer services agreement between you and any such firm. You are solely responsible for reviewing and verifying the Outputs that the Service provides, including any calculation or analysis from which the Outputs derive. The Service is only able to compute derived values from your Inputs, including data delivered to you by your connected registered securities broker(s) and from market data feeds, which may not reflect all of the data or information required for any particular analysis. Those computations may be incorrect, incomplete, delayed, or based on stale or partial data. Roll-chain reconstructions, splits, merges, Day P&L, Open P&L, margin estimates, and beta-weighted Greeks are particularly sensitive to data quality and to the Service’s engine assumptions. You are responsible for cross-checking the underlying statements, confirmation slips provided by your registered securities broker, official P&L reports, and live quotes against any Input, Output, or other number computed or displayed in the Service. You agree not to rely on the Service’s Outputs as the sole basis for any trading or tax decision. You are solely responsible for any decisions made in reliance of any Output.
(c) Data source risks. The Service connects to services provided separately by certain third-party registered securities broker-dealers (e.g. TastyTrade, Schwab) and third-party market-data providers (“Third-Party Services”) via APIs in order to receive Inputs. You acknowledge that we do not control any Third-Party Services or any data or information provided by a third-party. Any trades that users elect to engage in through Third-Party Services will be conducted under and pursuant to separate agreements between user and the applicable third-party broker-dealer, and not these Terms or any other agreement involving MTV. Outages, schema changes, throttling, and silent data drops by those upstream providers can cause the Service to display incomplete or out-of-date information.
You are solely responsible for (a) maintaining the confidentiality of your MyTradingVault account and password; and (b) all use of and interaction with the Service from within your MyTradingVault account, regardless of who logged into your MyTradingVault account and gained access to the Service. You are responsible for the computer, mobile device, or tablet (“Device”) that you use to access and use the Service and all charges, fees, and other costs related to your Device and Internet services. You agree to notify MTV immediately upon learning of any unauthorized use of the Service from within your MyTradingVault account.
From time to time, MTV may make Beta Offerings available to you at no charge. “Beta Offerings” means pre-release services, features, or functions identified as alpha, beta, preview, early access, or words or phrases with similar meanings. You may elect to participate in such Beta Offering(s) in your sole discretion. Beta Offerings are intended for evaluation purposes, not for production use, and may be subject to additional terms. Beta Offerings are not considered a “Service” under this Agreement; however, all disclaimers, use restrictions, user obligations and terms regarding MTV’s ownership concerning the Service shall apply to Beta Offerings, including Sections 1, 3, 4, 6, and 10. MTV may discontinue Beta Offerings at any time in its sole discretion and may never make them generally available.
You agree to use the Service in compliance with all applicable laws and in accordance with these Terms. You agree that you will not (and you will not encourage or allow any third party to) do any of the following:
(a) Third Party Sites. As a convenience to users, the Service may contain links to websites or applications operated by third parties (“Third-Party Sites”) or connect to Third-Party Services. Third-Party Sites and Third-Party Services are not under the control of MTV, and, as such, access to and use of such Third-Party Sites or Third-Party Services is at your own risk and subject to corresponding third-party, and not MTV’s, terms of use and privacy policies. We take no responsibility and assume no liability for (i) your use of any content or information on or received from any Third-Party Sites or Third-Party Services; or (ii) any third parties’ access or use of any content or information that you submitted to the Third-Party Sites or Third-Party Services. You are responsible for verifying all of the content and information available on or through Third-Party Sites and Third-Party Services before relying on it. The fact that the Service provides a link to or connects to a Third-Party Site does not mean that we endorse, authorize, or sponsor that Third-Party Site or Third-Party Services, nor that we are affiliated with the Third-Party Site or Third-Party Services.
(b) Third-Party Content. Certain content or materials displayed or made available on the Service may be provided by third parties (collectively, “Third-Party Content”). We do not control any Third-Party Content. Any opinions, advice, statements, views, positions, services, offers, or other Third-Party Content expressed or made available on the Service are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We take no responsibility and assume no liability for any Third-Party Content. You use or rely on Third-Party Content at your own risk.
(a) Privacy Policy. Any information that you send, upload, share, store, request, access or provide to or through the Service about yourself, including Inputs, is “User Information.” You are solely responsible for the accuracy and completeness of User Information. To the extent any User Information is personal information, such User Information is governed by MTV’s Privacy Notice available at this link: Privacy Policy (the “Privacy Notice”), in addition to these Terms. To exercise any of your privacy rights with respect to your User Information, please submit a request as described in the Privacy Notice and we will consider your request in accordance with applicable laws. Please know that in order for us to respond to your request we may require that you verify your identity.
(b) Disclosures. We may disclose User Information to our affiliates, service providers, and third parties as necessary to provide you with access to and use of the Service, to complete the activity you initiate using the Service, to comply with legal process, including government agency or court order, enforce third-party policies, prevent illegal, abusive, or other inappropriate behavior, pursuant to your written permission/instruction, or otherwise as allowed by law.
(c) Your Authorization. From time to time, we may ask for your permission to share User Information with a third party. If you give us permission to share User Information or otherwise direct us to share information with a third party, we will only share information as instructed in your authorization. You can manage your data sharing instructions, and revoke your data sharing authorization, by contacting us as described in the Privacy Notice.
(d) Data Storage. The Service stores the trade history, position data, tags, notes, and broker tokens you bring to it solely to render your own account views and analyses.
(a) Ownership. The Service, Output, and any information, graphics, documents, content, or other materials that are displayed or made available by MTV on or through the Service (“Content”), is owned by MTV and its licensors and protected under both United States and foreign copyright, trademark and other laws. Except as expressly provided in these Terms, neither party grants, nor shall the other party acquire any right, title, or interest (including any implied license) in or to any intellectual property of the first party or its affiliates.
(b) License Grant. Subject to your compliance with these Terms, MTV grants you a non-exclusive, non-transferable, revocable and limited license (without the right to sublicense) to access and use the Service, Output, and Content solely for your own personal, non-commercial use. All rights not expressly granted in these Terms are reserved by MTV.
(c) Use of Brands. Nothing contained in these Terms grants by implication, estoppel or otherwise, any license or right in or to MTV’s trademarks, logos or service marks (“Marks”), trade secrets or other intellectual property embodied in the Service. MTV owns the Marks and the goodwill associated with them. You are not authorized to use any Marks without MTV's prior written consent. Unauthorized use of any of the Marks, Content, Output, or any of MTV’s other intellectual property is a material breach of these Terms and may violate applicable law.
(a) User Information. You grant MTV a non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, worldwide license to modify (for technical purposes, such as to ensure that information is viewable on your device), use, reproduce, distribute, create derivative works of, perform and otherwise act with respect to your User Information, in each case to enable us to provide, maintain, and improve the Service and Output as described in these Terms.
(b) Feedback. If you share or provide us (in an email or otherwise) with any feedback, suggestions, improvements, enhancements, ideas, concepts, or comments or other information relating to the Service (“Feedback”), you hereby grant MTV and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, and irrevocable right to use, reproduce, distribute, create derivative works of, perform, import, disclose, and otherwise act with respect to your Feedback in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, by incorporating them into the Service or any other products or services of MTV, without compensation or credit to you.
The last updated date at the top of this page reflects the posting date of the current Terms. You should review these Terms regularly, as these Terms may change at any time at our sole discretion. When the Terms are updated, the first time you log-in to the Service after such update, you will be presented with the updated Terms and the option to agree to them. You must agree to the updated Terms before resuming access to or use of the Service, and the updated Terms will apply to you from the date you agree to them, except in the special circumstances described in the next paragraph.
We will not make revisions that have a retroactive legal effect unless we are legally required to do so to comply with any applicable statutes, regulations, rules, orders, or other laws, or unless necessary or appropriate to protect other users of the Service or MTV. If you do not agree to or decline to accept any updated version of these Terms, you are prohibited from further access or use of the Service.
(a) Term. These Terms will take effect when you first use the Service and will remain in effect until terminated according to these Terms.
(b) Termination. You may stop using the Service at any time for any reason. MTV may immediately, at its sole discretion, terminate, suspend, or revoke your access to all or any portion of the Service at any time, without notice, for any reason, including but not limited to violation of these Terms or suspected misuse of the Service.
(c) Effect of Termination. Upon termination of these Terms, all rights granted to you under these Terms will terminate; however, any provision of these Terms that, by its nature, should survive termination of these Terms shall survive such termination, including any limitation on our liability, terms regarding our intellectual property rights, terms regarding disputes between us, and Sections 1, 4, 5, 6, 8(e), 9 to 13.
(a) Indemnity. You agree to release, indemnify, defend, and hold harmless MTV, its affiliates, subsidiaries, and parent entities, and each of its officers, directors, equity holders, employees, agents, representatives, licensors, and suppliers (together, “MTV Parties”) from and against all liabilities, losses, expenses, damages, costs, and penalties, including reasonable attorneys' and experts’ fees, resulting from any claim, action, investigation or proceeding arising from or relating to: (i) your Input or your use of, or reliance on, the Service or any Output or Content; or (ii) any violation of these Terms or applicable law by you in connection with your use of the Service or any Output or Content, including, but not limited to, any actual or alleged infringement or other violation by you or any person to whom you provide access to the Service or Content of any intellectual property or privacy or other right of any third party, to the fullest extent permitted under applicable laws. We may assume the exclusive defense and control of any claim for which you are required to indemnify anyone under this Section, and you agree to cooperate, at your expense, with our defense of such claims. If we do not assume the defense of any claim subject to this Section, you will assume the defense and control of such claim at your sole cost and expense; provided that, in such case, we may participate, at our sole cost and expense, in such defense with counsel of our own choosing. You may not settle or otherwise compromise any claim covered by the foregoing indemnification without MTV’s prior written consent, not to be unreasonably withheld.
(b) Warranty Disclaimer. THE SERVICE AND ALL OUTPUT AND CONTENT ARE PROVIDED BY MTV (AND ITS LICENSORS AND SUPPLIERS) “AS IS,” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), AND EXPRESSLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WITHOUT LIMITING THE ABOVE, MTV DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS OR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY OUTPUT OR CONTENT WILL BE ACCURATE, CURRENT OR COMPLETE. MARKET DATA, QUOTE FEEDS, BALANCES, AND POSITIONS RENDERED IN THE SERVICE MAY BE DELAYED, MIS-ATTRIBUTED TO THE WRONG ACCOUNT, DROPPED DURING SYNC, OR INCORRECTLY CLASSIFIED BY THE SERVICE’S GROUPING/TAGGING ENGINE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THE SERVICE AND ANY OUTPUT OR CONTENT IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY OUTPUT OR CONTENT BEFORE RELYING ON IT. WE MAY DISCONTINUE PROVIDING ACCESS TO THE SERVICE, CONTENT, AND OUTPUT, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION THEREOF, AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE OR PENALTY, INCLUDING WITHOUT LIMITATION IMPOSING LIMITS ON CERTAIN FEATURES OF THE SERVICE OR RESTRICTING ACCESS TO ANY OR ALL OF THE SERVICE.
(c) Limitation of Liability. MTV IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER LOSSES OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FROM ANY CONTENT OR OUTPUT, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MTV PARTIES ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (SUCH AS COSTS OF SUBSTITUTES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, CONTENT OR OUTPUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE MTV PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, OR ANY CONTENT OR OUTPUT, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE THE GREATER OF (A) ANY FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT FIRST GIVING RISE TO A CLAIM; AND (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.
ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST MTV ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE MTV PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that MTV would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
(d) Downtime. You acknowledge that MTV and its service providers periodically schedule system downtime for maintenance and other purposes and that unplanned outages also may occur, which will in each case result in downtime for the Service. At our sole discretion we also may suspend or discontinue any part of the Service or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service without notice, at any time, and for any reason whatsoever. MTV shall not be liable for the unavailability of the Service or for any loss of data caused by planned or unplanned system outages, any outages of service providers, or any Internet service providers, any utilities, or any network, equipment, or infrastructure external to MTV.
All matters relating to the Services or these Terms, and any dispute or claim between the parties arising out of or related to the Services or these Terms (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware and applicable federal law, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
PLEASE READ THIS SECTION CAREFULLY. BY AGREEING TO THESE TERMS, YOU AND MTV ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY AND AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTIONS. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, SO SOME OF THE PROVISIONS IN THIS SECTION MAY NOT APPLY TO YOU.
(a) You hereby agree that, except as provided in Section 12(h) below, any claim, dispute, or controversy between you and MTV, whether brought by you or by MTV, arising out of or relating in any way to these Terms or your use of the Service (each, a “Dispute”) must be resolved through final, binding, and confidential arbitration located in Wilmington, Delaware. If you are an individual, you may choose to conduct the arbitration in your county of residence or by videoconference.
(b) If you have any Dispute against us, you agree to first try to resolve the Dispute informally and in good faith by contacting us and providing us with the following information in writing to the address set forth in Section 14: fair notice of your identity, a description of the nature and basis of your Dispute, and the relief you are seeking, including the specific amount of any monetary relief you are seeking. Such information cannot be combined with any information applicable to any other of your Disputes or Disputes of any other persons. The parties will work together in good faith to resolve such Dispute for sixty (60) days following MTV’s receipt of the applicable information. If a party’s Dispute is not resolved within such sixty (60) day period, only then may you or we may commence arbitration proceedings in accordance with this Section. Before commencing any arbitration proceedings under these Terms, a party must first send to the other a written notice of their intent to file an arbitration (“Arbitration Notice”). Your Arbitration Notice to us must be sent to the address set forth in Section 14. We may provide the Arbitration Notice to you using any contact information you have provided to us, including through your use of the Services. Neither party shall initiate arbitration until the escalation process set forth in this paragraph is complete and until they have provided an Arbitration Notice to the other party.
(c) The arbitration will be administered by JAMS or its successor (“JAMS”) before a single neutral arbitrator in accordance with the then-current JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards, except as otherwise stated in this Section. The parties will mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, JAMS will choose the arbitrator. In rendering an award, the arbitrator shall apply the governing law stated in Section 11, except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
(d) Unless you opt-out of arbitration as set forth below, and except with respect to the class arbitration waiver as set forth in Section 12(h) below, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any Dispute, including with respect to the interpretation, applicability, unconscionability, formation, arbitrability, and/or enforceability of this arbitration provision, as well as any challenge that the arbitration provision or these Terms is void, voidable, or otherwise invalid. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity (including injunctive and declaratory relief and statutory damages) and must follow these Terms, as a court would. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(e) You agree that an arbitration will be conducted on an individual, and not a class-wide, basis. An arbitrator will have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to the extent of their individual claims. YOU ACKNOWLEDGE AND AGREE THAT UNLESS OTHERWISE AGREED IN WRITING BY YOU AND MTV, WITH REGARD TO ANY CLAIMS HEREUNDER, YOU WILL NOT BE ENTITLED TO SEEK TO, AND AN ARBITRATOR OR COURT MAY NOT, JOIN OR CONSOLIDATE YOUR CLAIMS WITH ANY OTHER SIMILAR CLAIMS OF ANY OTHER PERSON OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(f) If you are an individual, you can opt out of this arbitration provision within thirty (30) days of the date that you first agreed to these Terms or to any subsequent revisions to this Section 12. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. To opt out, you must send your name, address, username, the email address, or phone number associated with your account, and a clear statement that you want to opt out of this arbitration agreement to support@mytradingvault.com.
(g) If for any reason, a Dispute proceeds in court rather than arbitration under this Section 12, the Dispute shall be resolved exclusively (except as provided in Section 12(h) below) in the appropriate state and federal courts located in Wilmington, Delaware. Both parties hereby irrevocably consent to the venue and jurisdiction of such courts, and waive all defenses, including without limitation for lack of personal jurisdiction and forum non conveniens, with respect to such courts for the adjudication of such Dispute.
(h) Notwithstanding anything else in this Section 12 to the contrary, the following Disputes may be brought in any court of competent jurisdiction: claims to the extent alleging efforts to interfere with the Services or engage with the Services in an unauthorized manner or for violation of any intellectual property rights. Moreover, if you are an individual, either you or we may choose to bring a claim or move a claim to small claims court, if the claim is within the jurisdiction of that court, without resorting to arbitration. In addition, either you or we have the option to bring claims in court to seek temporary or preliminary injunctive relief without seeking damages and without any obligation to post any bond or surety, in any court of competent jurisdiction, at any time. You agree that any breach or threatened breach of any of your obligations relating to our intellectual property rights will result in irreparable harm to us for which monetary damages would not be an adequate remedy. Our rights under this Section are in addition to, and not in lieu of, any other rights and remedies available to us under these Terms, at law, or in equity.
(a) Electronic Communications Notice. Sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, orders, treaties, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by any means other than electronic means.
(b) Relationship of the Parties. These Terms do not create a partnership, joint venture, or agency relationship between you and MTV or any of MTV's affiliates. MTV and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.
(c) Geographic Restrictions. Our servers and operations are in the United States and our policies and procedures are based on United States law. The Service is not intended for distribution to, or use by, any person or entity outside the United States or in any U.S. jurisdiction where the distribution or use would be contrary to law. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
(d) Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without MTV’s prior written consent. Any purported assignment and delegation shall be null and void. We may freely transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
(e) Equitable Remedies. You acknowledge and agree that if you violate or breach these Terms, it will cause irreparable harm to MTV for which monetary damages would be an insufficient remedy. Accordingly, you agree that, in such event, MTV shall have the right to obtain injunctive or other equitable relief against you in any court with competent jurisdiction and without any obligation to post any bond, to remedy, limit, or mitigate the effect of such breach. The remedies set forth in this Section are in addition to, and not in lieu of, any other remedies available to MTV under these Terms, at law, or in equity.
(f) Notices. All notices from one party to the other pertaining to these Terms will be in writing and will reference these Terms. We may notify you via the Service, by using the information you provided, including by email, or as otherwise described in these Terms. Notice will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post.
(g) Waiver and Severability. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further right hereunder. Any waiver of any right under these Terms must be in a writing signed by the party purporting to waive such right. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable, an arbitrator or court of competent jurisdiction will enforce that provision to the maximum extent permissible, and it will not affect the enforceability of any other terms.
(h) Headings. The headings and captions contained herein are for convenience only. These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
(i) No Third Party Beneficiaries. You and MTV agree that there are no third-party beneficiaries intended under these Terms.
(j) Entire Agreement. These Terms constitute the entire and exclusive agreement between you and us with respect to their subject matter, and govern the access and use of the Service, superseding any prior agreements or negotiations between MTV and you with respect to that subject matter.
If you have questions about these Terms, please contact us at support@mytradingvault.com or by mail at MyTradingVault, LLC, PO Box 1543, Driggs, ID 83422.
See also: Privacy Policy.