Terms & Conditions
Sniper Auto Trader TERMS & CONDITIONS
INTRODUCTION
Welcome to Sniper Auto Trader! These Terms and Conditions are a written contract (the “Terms” or “Agreement”) between you and/or your company (“you” or “your”) and Sniper Auto Trader Inc. (“Company,” “we,” “our,” or “us”). By accessing or using our website https://www.sniperautotrader.com/ (the “Website”) or purchasing any software or services (“Software”) provided by Sniper Auto Trader you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, then you must stop using our Website and Software.
If you purchase Software from Company, your use of such Software is also governed by a separate license agreement (“License Agreement”) presented at the time of your purchase or download. In the event of any conflict between these Terms and the License Agreement, the License Agreement shall control with respect to the Software.
ARBITRATION
These Terms contains an “Arbitration Agreement,” which means you and Company agree to resolve most disputes exclusively through binding arbitration rather than through the courts. By agreeing to arbitration, you waive your right to a jury trial and to participate in class actions, except as provided below.
What is arbitration?
Arbitration is a private, less formal way to resolve legal disputes outside of court. Instead of a judge or jury, a neutral arbitrator reviews the evidence and arguments presented by both parties and issues a binding decision. Arbitration hearings are typically held in a private setting or by videoconference, and the proceedings are generally not public record.
What is our Arbitration Agreement?
Under this Agreement, ANY DISPUTE OR CLAIM BETWEEN YOU AND US ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SOFTWARE, THIS AGREEMENT, THE PRIVACY POLICY, OUR DISCLAIMERS, OR ANY OF THE OTHER TERMS OR POLICIES REFERENCED HEREIN OR AVAILABLE ON OUR WEBSITE MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that all legal disputes will be resolved through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court and to have your case decided by a judge or jury.
How will the arbitration work?
Arbitration will be administered by JAMS (www.jamsadr.org) in accordance with its Streamlined Arbitration Rules and Procedures, except as modified by this Agreement or as required by law. If more than three substantially similar claims are filed against either party within a six-month period, either party may elect to have all such claims administered under the JAMS Mass Arbitration Procedures and Guidelines, which will then govern. Unless otherwise agreed, the final arbitration hearing will take place in person or by videoconference at the JAMS location nearest to your residence. The parties will jointly select a neutral arbitrator, as provided in the JAMS rules. The arbitrator will issue a written decision explaining the outcome, including the essential findings and conclusions upon which the award is based. The arbitrator must follow applicable law, and the award may be reviewed or vacated if the arbitrator fails to do so.
What law will the arbitrator follow?
This Agreement and any arbitration will be governed by the laws of the State of California, without regard to its conflict of law principles. The arbitrator will apply California law to all claims.
Who pays for the arbitration?
You will not be required to pay more than $250 in arbitration filing fees, as required by California law, and we will pay all other JAMS fees and costs. If the arbitrator determines that a claim was filed in bad faith or for an improper purpose, the arbitrator may require the responsible party to pay additional arbitration costs. Each party will pay its own attorneys’ fees, unless a statute or contract entitles the prevailing party to recover attorneys’ fees, in which case the arbitrator may award them as permitted by law.
Are there any exceptions to arbitration?
Either party may seek equitable relief, such as an injunction or order to compel arbitration, in a court of competent jurisdiction. Any such action must be brought in the state or federal courts located in or nearest to Pleasanton, California. This exception does not waive the parties’ obligation to arbitrate all other disputes. Additionally, if you have a dispute that qualifies for resolution in small claims court under the California Small Claims Act, you may choose to bring your claim in small claims court instead of proceeding with arbitration. This option is available to you regardless of any agreement to arbitrate disputes, and you may elect small claims court adjudication at your sole discretion for any qualifying claim.
Can I file a class action?
No, you and we agree that disputes will be resolved only on an individual basis. Neither party may participate as a plaintiff or class member in any class, collective, or representative proceeding. THIS MEANS CLASS ACTIONS, COLLECTIVE ACTIONS, AND REPRESENTATIVE ACTIONS ARE NOT ALLOWED.
ELIGIBILITY
You represent and warrant that you are at least 18 years old, are legally qualified to enter into and form contracts under applicable law in the jurisdiction of your residence, and will comply with all applicable laws and regulations, including but not limited to those of the Commodity Futures Trading Commission (CFTC) and other relevant authorities. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company. You are solely responsible for determining the suitability and legality of using the Software for your trading activities.
PAYMENTS AND SUBSCRIPTIONS
Your Payments
You agree to pay all fees and charges associated with any purchases you make through the Website, as specified at the time of purchase.
Subscriptions
If you purchase our Software on a subscription basis (“Subscription Plan”), the details of your plan, including payment amounts and billing intervals, will be clearly disclosed to you at the time of your enrollment. By enrolling in a Subscription Plan, you authorize Company to automatically charge your designated credit or debit card for recurring subscription payments, without requiring further approval from you for each renewal, until you change or cancel your Subscription Plan. This means your Subscription Plan will automatically renew at the end of each billing period unless you notify Company in advance of your intention to cancel.
To change or cancel your Subscription Plan, your must visit your Member Area and cancel it from there or you must email Company at support@sniperautotrader.com and provide sufficient information to identify your account, such as your username, real name, billing address, and the email address associated with your account. You may cancel your Subscription Plan at any time.
Company reserves the right to modify the fees for Subscription Plans at any time. If a fee increase applies to your Subscription Plan, Company will provide you with advance notice and an opportunity to cancel before the new rates take effect. If you do not cancel your Subscription Plan during this notice period, you will be deemed to have accepted the new fees, and your payment method will be charged accordingly.
No Refunds
All sales are final and non-refundable. THERE ARE NO REFUNDS UNDER ANY CIRCUMSTANCES.
YOUR ACCOUNT
We may ask you to create a user account to access certain parts of the Website. You agree that you will only provide complete and accurate information to us in connection with your account. This means you cannot set up your account in a manner that impersonates another person or business. If you violate this policy, we may terminate your account. You will also be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You agree not to share your user account with others. If you believe that your account has been used without your permission, you should notify us immediately (see Contact Us).
REVIEWS
If you submit or post any reviews, comments, testimonials, or other content (“Content”) regarding the Website, Software, or Company, you represent and warrant that such Content is accurate, truthful, and reflects your genuine experience. You acknowledge and agree that, under the license granted to Company by this Agreement, Company has the right to use, reproduce, modify, publish, display, and distribute all or part of your Content, in any medium or format, including but not limited to the Website, Company’s social media accounts, advertising materials, and other promotional channels, as Company deems appropriate.
CONSENT TO RECEIVE ELECTRONIC MESSAGES
You consent to receive electronic communications from us, such as text messages and emails. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:
- For email, click on the “unsubscribe” link in the email and follow any subsequent directs.
- For test messages, respond STOP.
For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.
INTELLECTUAL PROPERTY
Your License to Use the Website
Provided that you comply with this Agreement and all applicable policies and disclaimers referenced on the Website, Company grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Website for your personal, non-commercial purposes. This license does not permit you to reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit any part of the Website for any purpose, whether commercial or otherwise, without Company’s prior written consent. All rights not expressly granted 4 to you under this Agreement are reserved by Company. If you breach any provision of this Agreement, your license to use the Website will automatically terminate.
Company’s License to Your Content
While you retain ownership of any Content you submit or post to the Website, you grant Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Content worldwide in any media now known or hereafter developed. As described above, Company may use your reviews and comments to promote the Website and Software. Except for such reviews and comments, Company will not use your Content in advertising without first obtaining your permission.
Our Intellectual Property
All rights, title, and interest in and to the Company name, logo, Software, Software names, Website domain, and all content and materials made available on or through the Website, other than your Content (collectively, “Company IP”), are owned by Company or its third-party licensors and suppliers, and are protected by intellectual property laws. Nothing in this Agreement grants you any right, title, license, or interest in or to the Company IP. You agree not to, and not to assist others to, challenge Company’s ownership, rights, or the validity of the Company IP at any time.
Copyright Infringement and Our DMCA Policy
Just as we ask you and other users to respect our intellectual property rights, we respect that of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”).
If you believe content on the Website violates your copyright, please immediately notify Company by emailing a DMCA takedown notice (“Infringement Notice”) to us. Your Infringement Notice should include all the information described below:
- Identification of your copyrighted work.
- A description of the content you believe infringes your copyright (the “Infringing Content”). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Website.
- Your name, address, telephone number, and email address.
- The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
- A written statement by you that: (1) you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and (2) you declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
- Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner.
You should send your Infringement Notice to support@sniperautotrader.com with the subject line “DMCA Infringement Notice: [INSERT YOUR NAME].” We will respond to all compliant Infringement Notices by taking any action required under the DMCA.
Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your content on the Website is a “fair use,” as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.
Infringement Notices are not anonymous. If we act in response to your Infringement Notice—such as by removing the Infringing Content—we will pass on your Infringement Notice to that user to afford them an opportunity to respond.
DATA PROTECTION AND PROHIBITED CONDUCT
Data Protection
You agree not to access, use, disclose, or attempt to breach Company’s data or any other customer data, including but not limited to phone numbers, email addresses, social media IDs, and Skype names, except as expressly authorized by Company. Any unauthorized access, disclosure, or misuse of such data is strictly prohibited and constitutes a material breach of this Agreement.
Unauthorized Solicitation
You shall not use our Website or resources to market, promote, or sell any products or services other than those expressly permitted by Company. Any attempt to solicit business or promote third-party offerings through the Website is strictly prohibited.
Prohibited Conduct
You are prohibited from doing any of the following:
- providing false, misleading, or inaccurate information to Company or any other person in connection with your account or the Website;
- impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
- accessing the account of any other user;
- modifying or changing the placement and location of any advertisement posted through the Website;
- harvesting or collecting information about users, including email addresses and phone numbers;
- using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media;
- accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures;
- interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
- forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
- while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
- attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific content and/or the Website;
- creating additional accounts to promote yourself, your business, or a third party (or another’s) business, or causing others to do so; or
- paying or accepting payment from anyone for interactions on the Website, including paying for likes, reviews, and comments.
DISCLAIMERS AND LIMITATIONS DISCLOSURES
No Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE WEBSITE AND SOFTWARE ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE OR SOFTWARE WILL BE SECURE, OR THAT ANY TRADING RESULTS OUR OUTCOMES WILL BE ACHIEVED THROUGH YOUR USE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, LOSS OF CONTENT OR DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, NETWORK DOWNTIME, OR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SOFTWARE. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLOSURES
No Investment Advice or Broker Services
The Website, Software and all content provided are intended solely for informational and educational purposes and do not constitute investment advice, trading recommendations, or an offer or solicitation to buy or sell any futures contract, security, or other financial instrument. Company is not a registered broker-dealer, futures commission merchant, or investment advisor. Any trading or investment decisions made using the Software are entirely at your own risk and discretion.
Acknowledgment of Trading Risks
You acknowledge and agree that trading in securities, commodities, futures, options, and other financial instruments, whether or not you use the Software, involves substantial risk of loss. Past performance is not indicative of future results or performance. You assume full responsibility for all trading decisions and outcomes and are solely responsible for determining whether, and to what extent, the Software is suitable for your individual needs and risk tolerance.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) arising out of or related to your use of the Website or Software, violation of these Terms, or your infringement or violation of any rights of a third party.
TERMINATION
We may terminate or suspend your access to the Website at any time, with or without notice, for any reason, including your breach of these Terms.
THIRD-PARTY CONTENT AND WEBSITES
Third-Party Content
Third-party content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own content. We do not review all third-party content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party content.
Third-Party Websites
The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites, apps, information, goods, or services.
OTHER POLICIES AMD DISCLAIMERS
We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of this Agreement and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available here.
Your use of this Website is also subject to the below linked disclaimers, which are incorporated herein by reference. Please review both pages for important information and limitations about futures trading, results, testimonials, and affiliate relationships:
CHANGES
Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and our Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your account up to date so that you don’t miss any such notifications.
CONTACT
If you have any questions about these Terms, contact us at:
6200 Stoneridge Mall Rd, Ste. 300
Pleasanton, CA 94588
support@sniperautotrader.com