Convergent Trading LLC Member and User Terms & Conditions
Last Updated: October 6, 2023
- Acceptance of These Terms
Welcome! Regardless of whether you are a member of the general public using our Services (a “User”), or have purchased a Convergent Trading LLC membership (a “Member”) and/or access to certain of our other programming (the “Programs”), these terms and conditions (the “Terms”) are applicable to you (“you” and “your,” including any entity you represent).
These Terms govern your access to and use of the services made available by or through Convergent Trading LLC (“Convergent,” “we,” “us,” and “our”), including: (i) the website, https://convergenttrading.com (the “Site,” including all sub-domains the Site); (ii) the Programs; and (iii) the content made accessible to you through the Site and / or the Programs (the “Content”). The Site and the Programs are referred to collectively as the “Services”. Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each Member and User and are incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CONVERGENT. BY USING THE SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS. THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT. You must be at least 18 years of age to use the Services or this Site. By using the Services or this Site you represent that you are at least 18 years of age.
- License to Use Services and Content
Subject to these Terms, you are granted a limited, revocable, personal, worldwide, non-transferable, non-sublicensable, non-exclusive license to use and access the Services and the Content. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services and Content.
- User Accounts; Restrictions
Visitors to the Site are permitted to create user accounts or profiles. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member or User is the sole authorized user of his or her account. Members and Users are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account.
As a Member, you are responsible for all activities that occur under your account, and you acknowledge that Convergent is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others, or from sharing their access or the Content with any other person or group. You must notify us immediately if you know of or suspect that an unauthorized use or other breach of security of your account or the Services has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Site. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below.
You may not share your password or registration credentials, or provide access to the Services or Content, with or to any other person or group. You may not record, use, copy, modify, download or transfer the Services or Content or any component thereof, in whole or in part, except as expressly provided in this Agreement. You may not reverse-engineer, disassemble, decompile, or translate the Services or Content, attempt to derive or re-create the source code of the Site, our Programs or systems, or create any derivative works from or based upon the Services or Content, or authorize or engage any third party to do any of the foregoing. Any attempt to transfer any of your rights, licenses, duties or obligations under this Agreement is void. You may not rent, lease, loan, resell, or distribute the Services or Content, or any part thereof or use the Services or Content in any time–sharing or service bureau arrangement. You may not use the Services or Content except in accordance with these terms and with applicable laws, rules and regulations. You may not use the Services or Content to defraud any third party or for any other unlawful purpose. You may not violate the privacy rights of any other person, and may not record, copy, store, disseminate or otherwise share any third party’s data (as defined below) to which you gain access through your use of the Services or Content.
- Convergent Rights and Ownership
Unless otherwise stated, Convergent and its permitted licensors own all intellectual property rights in the Services, Site, the Programs and the Content. Convergent (and/or its third-party licensors, as applicable) retains all right, title and interest in and to the Services, Site, Programs and Content, as well as any and all copyrights, patents, trademarks, trade names, service marks, logos and/or trade secrets and any and all other intellectual property and/or proprietary rights therein. The Services, Programs, Site and Content all are confidential and proprietary information belonging to Convergent, and you agree not to disclose or share any such information with any other user or third-party. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Services or Content give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, confidentiality, and other notices or legends placed on or through the Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the Programs or Content received on or through the Services without our express prior written consent or the consent of any third-party owners of the Content. Content is not for resale under any circumstances.
- Acceptable Use Policy
You agree to use the Services and Content in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. It may be illegal for certain persons to use the Site or Services in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our Content and Services only as permitted and only for your own personal, non-commercial use. You further agree and acknowledge that your use of the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or e-mails. The following uses of the Services are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
- Using the Services in a manner that causes, or may cause, damage to the Site or in a way that impairs other visitors’ abilities to access or use the Services, including using the Services in a manner or for a purpose that is unlawful or fraudulent;
- Using the Services in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
- Conducting any systematic or automated data collection on or related to the Services or other users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, “framing,” or article “spinning”;
- Using the Services to collect, harvest, or compile information or data regarding other users of the Services without their consent;
- Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from or related to the Services, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
- Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Services to send spam, pyramid schemes, or chain letters;
- Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Services or otherwise commercially exploiting content, whether in whole or in part, on or through the Services;
- Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any Content, other information, systems, or the Services;
- Accessing the Services in order to create a similar or competitive business, product, service, or website;
- Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Services in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents an affiliation with another person or entity without permission;
- Interfering with, disrupting, or overburdening servers or networks connected to the Site or Services;
- Gaining or attempting to gain unauthorized access by any means to any part of the Services or to computers or networks connected to the Site; and
- Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user’s normal use and enjoyment of the Services.
- Representations and Warranties
By using the Services, you represent and warrant that (a) your use of the Services does not and will not violate any applicable law, rule or regulation; (b) you have the authority to and are able to enter into this Agreement; (c) you will not impersonate any other person or entity or permit third parties to use or access the Services; (d) you will not use the Services to violate our or any third party’s rights including without limitation their privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights, and will not record, copy, store, disseminate or otherwise share any Content or data to which you gain access through your use of the Services; (e) you will comply with all applicable third party agreements when using the Services, (including without limitation, all agreements with your internet service provider and your wireless service agreement); and (f) you will not use the Services or Content in any manner that could impair any third party site, app or service in any way or interfere with any third party’s use or enjoyment of any site, app or service.
- International Use and Compliance
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Services complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Services. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
We do not knowingly collect personal information or data from visitors under 18 years of age. You may not use this site if you are under the age of 18.
- Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Services and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our other Site visitors, or a third party. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses and reporting you to law enforcement authorities.
- Third-Party Resources
The Services may contain links and advertisements to third-party websites and services (collectively, “Third-Party Resources”). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
- Modification of Services
We reserve the right to modify, add to, suspend, or terminate all or part of the Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors’ use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Services are subject to these Terms.
- Support or Maintenance
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
- Restricted Access
Some parts of the Services may be restricted to certain visitors. If you have permission to access restricted parts of the Services, you agree to not share with third parties your access information, password or any of the Content related to the restricted parts of the Services. We may change the restricted parts of the Services from time to time. If you do not have access to restricted parts of the Services, you agree not to use another user’s account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Services or the related Content.
You acknowledge and understand that the covenants and agreements set forth in this Section 15 are essential to protect Convergent and that it would not have admitted you as a Member or granted you the licenses herein without including the provisions set forth in this section. Accordingly, during your membership with Convergent and for a period of six months following the termination of your membership for any reason, you will not, directly or indirectly, for yourself or any other person or entity, without the express prior written permission of Convergent:
- solicit or induce any employee of Convergent to terminate his or her relationship with us, nor will you knowingly employ any such employee of Convergent without prior approval;
- solicit business substantially similar to our business from any employee, Member, user, or contractor (as heretofore defined) that conducted business with Convergent at the time your membership was terminated or during the six months prior thereto;
- engage in any activity to induce any Member, user, contractor, vendor, or employee of Convergent to terminate its relationship with us or breach or violate any existing contract or understanding between it and us or otherwise interfere with the relationship between Convergent and any of its clients, accounts, vendors or Members.
- Copyright Policy
We expect you to respect the intellectual property rights of others when using the Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and e-mail address, if available;
- A statement by you 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; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user’s account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following e-mail address: [email protected] Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney’s fees incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by us, if injured by such misrepresentation.
- Sales Policies; No Refunds or Cancellations
All sales are final and are not refundable. We are providing digital media and Content that, once permissioned for and accessible by the User, is not returnable and has no guarantees. Membership fees are also non-refundable. Memberships must be terminated at least 10 days prior to the next renewal date, or will automatically renew.
THE SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD THERETO. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SERVICES OR THE CONTENT WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING YOU RECEIVE THROUGH THE SERVICES OR CONTENT CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE INTERPRETED OR USED AS ADVICE OF ANY KIND, INCLUDING WITHOUT LIMITATION LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES) OR OTHER PROFESSIONAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. CONVERGENT MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES OR CONTENT WILL GENERATE ANY POSITIVE OR SUCCESSFUL RESULTS FOR YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, CONVERGENT HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF YOUR USE OF THE SERVICES OR CONTENT AS LEGAL OR FINANCIAL ADVICE. YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK AND WE DISCLAIM ANY AND ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF YOUR USE THEREOF, INCLUDING WITH RESPECT TO ANY TRADES YOU MAY CHOOSE TO MAKE BASED ON THE SAME.
WE ARE NOT RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON OR THROUGH THE SERVICES, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS THAT YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) MAY HAVE, NOW OR IN THE FUTURE, AGAINST CONVERGENT, ITS THIRD-PARTY LICENSORS, AND/OR PARTNERS (THE “RELEASED PARTIES”) BASED UPON YOUR USE OF THE SERVICES, CONTENT AND/OR THE RESULTS THEREOF, INCLUDING WITHOUT LIMITATION THOSE RELATED TO ACTIONS YOU MAY TAKE BASED ON YOUR ACCESS TO THE FOREGOING (COLLECTIVELY, “CLAIMS”). YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL OF SUCH CLAIMS.
THIS SECTION 18 APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONVERGENT, INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM OR A COMBINATION OF CLAIMS WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE. NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Where permitted by law, you agree to indemnify, defend, and hold harmless Convergent and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, all costs and attorney’s fees incurred, from any claim or disputes by a third party arising out of your use of the Services, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
We may suspend or terminate your access to the Services at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may be deactivated if it experiences a prolonged period of inactivity. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
- Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by e-mail, posting on the Site, or other reasonable means.
- Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services and your account.
- Dispute Resolution
Unless both parties agree otherwise, you and Convergent agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Programs, Content, Services, or these Terms, will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. Any arbitration must be brought and held in Chicago, Illinois. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. YOU AGREE THAT ANY CLAIMS OR DISPUTES RELATED TO YOUR USE OF THE SITE, PROGRAMS, CONTENT, OR SERVICES, OR ARISING UNDER THE TERMS, MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR MULTI-PARTY BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, PROGRAMS, CONTENT, SERVICES, OR THESE TERMS, MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This Section 24 will survive the termination of this agreement and the termination of your account. You and Convergent agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property or confidentiality rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
- General Terms
- Waiver and Severability. Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
- Assignment. Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
- Cumulative Rights. The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
- Law and Jurisdiction. These terms shall be governed by and will be construed under, the laws of the State of Illinois, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in Chicago, Illinois, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
- Electronic Communications
Electronic communications occur whenever you use the Site or Services, you send us e-mails, we send you e-mails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, have the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
- Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
- Contact Information
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows: e-mail: [email protected].
- CT News Service Terms and Conditions
The terms of this Section 29 are additional terms related to Members’ access to and use of certain third-party news service information (“News Service”) hosted by Convergent. Newsquawk Voice Limited is the provider of content for the News Service (the “Provider”). These terms are additional and specific to your use of the News Service, and do not replace or limit the terms above applicable to your use of the Services, Site, Programs and Content.
- Description of Services. The News Service is defined as a platform to supply a real-time audio feed, real-time news headlines but may also include market reports, briefings and an economic calendar, all of which may be embedded and accessed from Convergent’s membership portal website.
- Access to News Service. Access to the News Service terminates if you allow your membership to Convergent to lapse or expire. Convergent is under no obligation to provide third party services to Members who do not maintain a specific subscription plan that includes those services.
- Liability. Neither Convergent or the Provider shall directly or indirectly, be liable, in any way, to you for any inaccuracies or errors in or omissions from or delay to the News Service.
Convergent and the Provider make no representation as to the accuracy or completeness of any information provided, and give no warranty, whether express or implied, as to the quality or fitness for a particular purpose of the News Service provided. Any reliance upon the News Service is solely at your own risk.
Subject to the above, you agree to hold Convergent and the Provider harmless in respect of any claim or action made against them and in respect of any economic loss or consequential harm incurred by them arising from your use of the Provider’s News Service.
- User Log-in. This license to access the News Service is exclusive to the Member and cannot be assigned or transferred without express written permission from Convergent and the Provider.
This license permits the Member access to the Service. Any distribution, replication, duplication or copying of any or all the News Service outside of an agreed distribution license is contrary to the intent of this agreement and will give rise to immediate termination without redress.
The Member shall not disclose or permit their access to be used by any other platform and shall report any disclosure or unauthorized use to the Provider immediately.
- Restricted Use. You must ensure that neither Convergent’s or the Provider’s content is broadcast, posted or otherwise displayed in a manner that makes it possible for persons, other than those authorized by us, to access and use the News Service or our services, network or content. You must keep all password and log-in details strictly confidential.
- Interference and Hacking. Any attempt to interfere with or alter the content or software within Convergent’s or the Provider’s network and service will be strictly prohibited. We reserve the right to monitor your use of the News Service network, service and content.
- Performance and Remedy. In the event of any defective performance from the Provider or failure to furnish the agreed level of service, the Provider will make reasonable efforts to restore the News Service to a good operating condition on an urgent basis.
- Force Majeure. Except in respect of payment liabilities, neither party will be liable for any failure or delay in its performance under this agreement due to reasons beyond its reasonable control. These include acts of war, acts of God, earthquake, flood, riot, embargo, acts of sabotage, government act or failure of the internet, provided the delayed party gives the other party prompt notice of the reasons for such a cause.
- Contact Information. You are required to submit all News Service-related support questions directly to Convergent and not to the Provider. Please direct all such inquiries to: [email protected]
Last Updated: May 24, 2018
- Information We Collect
We may collect and use the following types of information from those who use the Site and the Services:
- Information by which you may be personally identified, such as your name, address, email address, phone number, billing and credit card information, and other information that may not be publicly available (“personal information“).
- Information about you that does not identify you personally, including, but not limited to, your demographic information (for example, your age, gender, race, religion, political affiliation, and household income), personal interests, online interactions, viewing data, requests for Services, communications with us and third parties, advertisement interactions, survey and polling information, forum and discussion board activities, Site feedback or suggestions, search queries, product reviews, and any other activities when using the Site or the Services.
- Information you provide when you register with the Site and the Services, when adding or updating account preferences, and when subscribing for any Services.
- Information about your transactions using the Site and the Services, including, but not limited to, your purchases and order history.
- Information you provide when submitting information to be posted or otherwise displayed on public areas of the Site or transmitted to other visitors or third parties on the internet (collectively, “User Contributions“). All User Contributions are submitted at your own risk. Although we always seek to protect your information, we cannot guarantee that our security over User Contributions is impenetrable. We also cannot control how other visitors and third parties that gain access to User Contributions will use such information.
We may combine information you provide us with other information about you that we obtain from your past use of the Site and Services, from our business partners, and from other companies. We may access other information about you collected from third parties, such as social media and marketing companies. We will treat any non-personal information that is combined with personal information as if it were all personal information.
- Automatic Data Collection
We collect the following types of information from you as you use the Site through automatic data collection technologies:
- Log file information commonly collected by host servers when you visit websites, including internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamps, referring/exit pages, domain names, landing pages, pages viewed, click counts, and similar information. This information is not connected to personal information and is used for purposes of administering the Site, analyzing trends, tracking visitor activity, and collecting demographic data.
- Other details regarding your activities on the Site and Services, including your equipment, operating system, software, traffic information, and location data.
Our automatic data collection includes the use of the following technologies:
- Web Beacons. A “web beacon” is a small file (also known as a clear gif or pixel tag) that is embedded on a webpage, email, video, or other content that allows us to collect data about visitors who interact with such webpages or emails, such as recording when such content is accessed and reading other information from your browser. You may be able to disable web beacons in our email communications by turning off “images” in your email client settings. However, doing so may prevent you from being able to properly enjoy our Services as they are designed to be used.
- Flash Cookies. A “flash cookie” is a local shared object (a text file) sent from a web server to a client when a browser requests content supported by the Adobe Flash browser plug-in. Your preferences for flash cookies are not managed in the same way as browser cookies. Instead, you may change your preferences for flash cookies by changing your settings on Adobe’s website.
- Chat Widget Application. We may use a Chat Widget Application which collects additional non-personal and personal information about you should you wish to chat to use via the website chat widget. This is done in order to better understand our customers’ needs and creates a link to our Ticketing Application.
- Ticketing Application. We may use a Ticketing Application in processing support and information requests via a ticketing system. In doing so, it may store contact information and conversations via email, social media, website chat widgets and other channels. This is done to help better serve our customers by better understanding their needs.
- How We Respond to Do Not Track Signals
Because we track visitors’ activities over time and across third-party websites, we respond to Do Not Track (DNT) signals sent to us from our visitors’ browsers. However, we do not allow third parties to track such activities. You can opt out of behavioral tracking on this Site as follows: Please email [email protected] if you wish to opt out of our behavioral tracking system.
- How We Use Your Information
We are the sole owners of information collected from visitors on this Site. We will not sell or rent your information to third parties. We use information collected from you or about you, including personal information, for the following purposes:
- To administer the Site and enforce our rules and policies.
- To provide access to Site content and Services to you.
- To customize Site content and Services according to your preferences.
- To improve the Site and Services.
- To research and analyze the usage data, preferences, and trends of our visitors.
- To diagnose technical or Service-related problems.
- To maintain security over your information, the Site, and its contents.
- To research and analyze our target demographics.
- To fulfill any requests for information, products, or Services.
- To facilitate transactions you make on the Site or Services, which may include sending payment statements or receipts, or assisting with payment collection.
- To display your User Contributions.
- To process and respond to your feedback and suggestions.
- To send you marketing communications, such as information about new products, Services, or specials.
- To contact you regarding Services we provide you.
- To contact you regarding third-party services you may be interested in.
- To contact you regarding your account or profile.
- To make internal changes to our products and services to better serve our community
- To carry out our responsibilities and enforce any contracts between you and us, including billing and collection rights.
- For any other use as we may indicate at the time you provide the information.
- To fulfill any other purpose with your consent.
All information collected from visitors of the Site belongs to us, whether or not such information is personal information, information you volunteer, or information passively collected about you. As such, such information may be subject to transfer to a new owner in the event of our bankruptcy, sale, or liquidation.
- How We Share Your Information
We may share personal information and other information that we collect as follows:
- With our affiliates, including any subsidiaries we now own or later acquire.
- With our trusted employees, contractors, business partners, service providers, suppliers, vendors, and other third parties that support us, which may include sending you emails on our behalf; analyzing your activities and interactions on the Site in order to make improvements to the Site, Services, and experiences of our visitors; and providing support to the Site, the Services, our operations, or fulfilling your requests. These third parties may only use personal information in order to provide such support and are contractually required to maintain the confidentiality of your information. For example, we may share personal information with credit card processing companies in order to bill visitors for goods or services.
- With those that we so indicate at the time you provide the information.
- To third parties when we have your consent or when we have parental consent if the visitor is a minor.
We may store personal information in locations outside of our direct control; for instance, on servers or databases where the hosting provider is located. Additionally, we may share or sell aggregate information about our visitors that does not personally identify individuals with our partners, affiliates, advertisers, and other third parties without restriction. This information may include personal information that we have changed so that individuals are no longer personally identifiable. We may also share this information with third parties in order to analyze visitor data, activities, and usage of the Site or Services in order to make improvements to the Site, Services, and experiences of our visitors.
If you choose to participate in any promotions or similar events through the Site or Services, the rules or terms and conditions for such events may change the way we share your information with third parties. Please review the applicable rules or terms and conditions for all such events in which you participate.
- Links to Other Websites
- Opt-Out Procedures
As your privacy is important to us, we provide you with the following procedure(s) for opting out of future communications from us:
- Email. Send an email to [email protected] explaining the specific communications or privacy practices you want to opt out of. You may also opt out by clicking “unsubscribe,” or a similar button, at the bottom of any emails we may send you and then following the online instructions. However, please note that it may not be possible to opt out of certain emails (for example, confirmation emails related to services you have requested).
- Cookies. In order to opt out of cookies and other tracking technologies, you can configure or disable cookies in your browser settings. However, please note that doing so may cause parts of the Site to function improperly.
- How to Access and Change Your Information
You are responsible for keeping any personal information you provide on the Site current. Please email us at [email protected] to request access to view, correct, or delete information you have provided to us. We will make reasonable efforts to comply with your requests, if possible. If you provided personal information in connection with a specific Service we provide, you may have to update or delete that information by returning to that Service page. Any requests to delete your information are subject to our internal reporting and retention policies as well as any legal obligations that we may have. You can also update or delete some or all of your personal information in your account by signing in, visiting your account page, and configuring the relevant settings. Note that deleting your User Contributions on the Site will not delete copies of your User Contributions that may exist in cached or archived pages or copies that may be stored by other visitors.
- Notice of California Privacy Rights
Pursuant to California Civil Code Section 1798.83, California residents who use our Site may request certain information regarding any disclosure of personal information to third parties for their direct marketing purposes. To make this request, please email us at [email protected] or use the contact information provided below at the end of this policy. Should you choose to email us, please include in the subject line or body of your email the phrase “California Customer Choice Privacy Notice” and specify the personal information you do not wish to be shared with third parties for their direct marketing purposes. Please allow up to thirty (30) days for a response.
We take the security of your information seriously and have electronic, physical, and administrative safeguards in place that comply with federal regulations for your protection. These security measures seek to protect your information both online and offline from disclosure, alteration, or unauthorized use. However, please keep in mind that no transmission of data over the internet is guaranteed to be completely secure. Third parties may be able to access private communications illegally; for instance, through the use of hacking and viruses. As such, all information you transmit on the Site or Services is at your own risk. We are not responsible for instances where third parties circumvent our security measures without authorization, illegally or otherwise.
The information you submit to us is encrypted using Secure Sockets Layer (SSL) data encryption technology and is transmitted securely. You may verify this by locating “https” at the beginning of the address of the webpage or an icon of a closed lock in your browser. The computers and servers we use are also kept in a secure environment behind firewalls. We limit access to your information to those people that need to view it to perform necessary support tasks, including fulfilling your requests. We also require you to create a unique password to help secure your account. It is your responsibility to maintain the secrecy of your password and other login information. Please be aware of when you are submitting User Contributions in public spaces that may be viewed by others. It is your responsibility to avoid submitting information you wish to keep confidential. We will promptly notify you in the event that personal information becomes compromised according to our notification procedures outlined below or as otherwise required by applicable law.
- Children’s Privacy
This Site does not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, do not use this Site or provide any personal information to us. We will delete all information that we discover is provided by children under 13 years of age without verification of parental consent. Please email us at [email protected] if you believe we have received personal information from a child aged under 13 and we will use our best efforts to remove such information.
- Notification Procedures
- Cross-Border Data Transfers
Your personal information may be processed and transferred to countries other than your own, including, but not limited to, any country in which we operate. Some of these countries may have different laws and practices regarding data protection than your country. By using the Site, you agree to such cross-border transfers of your personal information.
- Contact Information
Your feedback is important to us. To send us your questions, suggestions, or complaints, please contact us as follows:
Convergent Trading LLC
30 N. Gould St, Suite 6840,
Sheridan, WY 82801
Email: [email protected]