AGREEMENT TO TERMS OF USE

This document, the “Agreement to Terms of Use” (hereafter referred to as the “Agreement”), in conjunction with our corporate Privacy Policy, establishes a legally enforceable contract between you, acting in your individual capacity or as a representative of an organization (referred to as “user” or “you”), and DELUXE PRODUCTIONS LLC along with its associated entities, websites, software, and utilities (collectively, “DELUXE PRODUCTIONS LLC,” “the Company,” “we,” “us,” or “our”). This Agreement governs your access to and utilization of the deluxetraderfunding.com website(s) and any affiliated media forms, channels, mobile-friendly sites, or mobile applications (collectively designated as the “Sites”).

The services provided through the Sites consist of access to simulated trading evaluation programs intended for educational and training purposes (“Company Services”).[1][2][3] Any supplementary terms, conditions, or documents that may be published on the Sites periodically are explicitly integrated into this Agreement by this reference.

The Company makes no representation that the Sites are appropriate or available in locations other than where it is operated by the Company. The information and services provided on the Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All individuals who are considered minors in their jurisdiction of residence (generally under the age of 18) are not permitted to register for the Sites or make use of the Company Services.[3]

BY ACKNOWLEDGING YOUR ACCEPTANCE DURING ANY APPLICABLE REGISTRATION PROCESS AND BY YOUR CONTINUED USE OF THE SITES, YOU HEREBY ACCEPT AND CONSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT CONSENT TO THE TERMS OF THIS AGREEMENT, OR TO ANY FUTURE MODIFICATIONS HERETO, YOU MUST REFRAIN FROM USING OR ACCESSING THE COMPANY SERVICES AND THE SITES.

PURCHASES AND PAYMENT

DELUXE PRODUCTIONS LLC may, from time to time, offer complimentary trials or demonstrations of our products or services. The length of the complimentary trial period and all pertinent details of such an offer will be published on our Sites. If you decide to utilize one of our free options, we advise you to carefully review the associated terms first.

For our paid services, DELUXE PRODUCTIONS LLC will process your payments via a third-party payment processor. By selecting any of our paid services, you consent to pay DELUXE PRODUCTIONS LLC all fees at the prevailing rates for the products or services purchased by you or any other individual using your billing account. You grant DELUXE PRODUCTIONS LLC permission to bill your designated payment provider for any such purchases. You agree to finalize payment using that chosen payment method.

For any services subject to recurring billing, you consent to our charging your payment method on an ongoing basis, without needing your pre-approval for each recurring charge, until you terminate the applicable product or service. DELUXE PRODUCTIONS LLC retains the right to amend any pricing errors or inaccuracies that it makes, even after a payment has been requested or processed. Sales tax will be appended to the purchase price as deemed necessary by the Company. The Company reserves the right to modify prices at any time. All payments must be made in U.S. dollars.

REFUND POLICY

All purchases are considered final. Consequently, no refunds will be granted.

USER REPRESENTATIONS

Concerning Your Registration

By utilizing the Company Services, you affirm and guarantee that:

1. The registration details you provide are both true and correct;
2. You will ensure this information remains accurate and up-to-date;
3. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password and account;
4. You have reached the age of majority in your jurisdiction of residence (or, if you are a minor, you have obtained parental permission to use our Sites); and
5. Your utilization of the Company Services complies with all relevant laws and regulations.

Furthermore, you commit to: (a) supplying true, accurate, current, and complete personal information as requested by the Site’s registration form, and (b) regularly updating this registration data to maintain its truthfulness, accuracy, and completeness. Should you provide any information that is false, inaccurate, outdated, or incomplete, or if DELUXE PRODUCTIONS LLC has valid reasons to suspect such, the Company holds the right to suspend or terminate your account and deny any and all current or future access to the Sites (or any part thereof).

We reserve the right to remove, reclaim, or alter any username you choose if we, in our sole discretion, find it to be inappropriate. This includes instances where the username is obscene or otherwise objectionable, or when a trademark holder lodges a complaint regarding a username that does not closely relate to a user’s actual name.

We maintain the right to restrict, limit, or terminate any account(s) for any reason, at any time, and without prior notification.

REGARDING CONTENT YOU PROVIDE

Our Sites may offer you the chance to participate in chats, blogs, message boards, online forums, and other interactive features. These may present you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Sites. This includes, but is not limited to, text, written works, videos, audio, photos, graphics, comments, suggestions, or personal information (collectively referred to as “Contributions”).

Any Contribution you transmit to DELUXE PRODUCTIONS LLC will be considered non-confidential and non-proprietary. By creating or making a Contribution available, you represent and warrant that:

1. The creation, distribution, transmission, public display, performance, and the act of accessing, downloading, or copying your Contribution do not and will not violate the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
2. You are the original creator and owner of the Contribution, or you possess the necessary licenses, rights, consents, releases, and permissions to use it and to authorize DELUXE PRODUCTIONS LLC and the Sites’ users to use your Contributions in the manner required to exercise the licenses granted by you under this Agreement.
3. You have obtained the written consent, release, and/or permission from every identifiable individual person featured in your Contribution to use their name or likeness, enabling the inclusion and use of the Contribution in the manner contemplated by our Sites.
4. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined solely by DELUXE PRODUCTIONS LLC). It does not ridicule, mock, disparage, intimidate, or abuse anyone; advocate for the violent overthrow of any government; incite, encourage, or threaten physical harm against another; violate any applicable law, regulation, or rule; or infringe upon the privacy or publicity rights of any third party.
5. Your Contribution does not include material that solicits personal information from individuals under the age of 18 or exploits people under 18 in a sexual or violent way, and it does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.
6. Your Contribution does not contain any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
7. Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Sites, or by making them accessible to the Sites (for instance, by linking your account to a social network), you automatically grant, and you represent and warrant that you have the right to grant, to DELUXE PRODUCTIONS LLC an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license. This license allows us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, be it commercial, advertising, or otherwise. It also allows us to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.

This use and distribution may occur across any media formats and through any media channels. The license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal or commercial images you provide. DELUXE PRODUCTIONS LLC does not assert any ownership over your Contributions. Rather, as between you and us, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any associated intellectual property rights. We will not use your Contribution in a manner that infringes on your rights and will always process your personal information lawfully and with your consent.

DELUXE PRODUCTIONS LLC has the right, in our sole and absolute discretion, to (i) edit, redact, or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or in violation of this Agreement.

By uploading your Contributions to the Sites, you hereby authorize the Company to grant each end-user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print, and otherwise use your Contributions for their internal purposes, and not for distribution, transfer, sale, or any form of commercial exploitation.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Sites or the Company Services (“Submissions”) provided by you to DELUXE PRODUCTIONS LLC are non-confidential. DELUXE PRODUCTIONS LLC (as well as any of its designees) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You are permitted to access and use the Sites only for the purposes for which DELUXE PRODUCTIONS LLC makes them available. The Sites may not be utilized in connection with any commercial activities unless they are explicitly endorsed or approved by DELUXE PRODUCTIONS LLC. Prohibited activities include, but are not limited to, the following:

1. Impersonating another user or individual, or using the username of another user.
2. Engaging in any criminal or tortious activity.
3. Attempting to circumvent, disable, or otherwise interfere with any security-related features of the Sites designed to prevent or restrict access.
4. Removing the copyright or other proprietary rights notices from any of the Sites’ content.
5. Utilizing any automated system, such as data mining, robots, or similar data gathering and extraction tools.
6. Harassing, annoying, intimidating, or threatening any Company employees or agents involved in providing any part of the Company Services to you.
7. Interfering with, disrupting, or imposing an unreasonable burden on the Sites or the networks and services connected to them.
8. Making any unauthorized use of the Company Services. This includes collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts through automated means or under false pretenses.
9. Selling or otherwise transferring your user profile.
10. Systematically retrieving data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from the Company.
11. Deceiving, defrauding, or misleading the Company and other users, particularly in any attempt to obtain sensitive account information such as passwords.
12. Using any information procured from the Sites to harass, abuse, or harm another person.
13. Using the Company Services as part of any endeavor to compete with the Company or to offer services in a service bureau capacity.
14. Using the Sites in any way that is inconsistent with any and all applicable laws and regulations.
15. Except as may result from standard search engine or internet browser usage, using, launching, developing, or distributing any automated system. This includes, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites, or using or launching any unauthorized script or other software.
16. Deciphering, decompiling, disassembling, or reverse-engineering any of the software that constitutes or is in any way a part of the Sites.

INTELLECTUAL PROPERTY RIGHTS

The content featured on the Sites (the “Company Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by or licensed to DELUXE PRODUCTIONS LLC. They are protected by copyright and other intellectual property rights under United States and foreign laws, as well as international conventions. The Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All DELUXE PRODUCTIONS LLC graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of DELUXE PRODUCTIONS LLC in the United States and/or other countries. The trademarks and trade dress of DELUXE PRODUCTIONS LLC may not be used—including as part of trademarks and/or as part of domain names—in connection with any product or service in any manner that is likely to cause confusion. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of DELUXE PRODUCTIONS LLC.

The Company Content on the Sites is provided to you “AS IS” for your informational and personal use only. It may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Company Content. You may also download or print a copy of any portion of the Company Content to which you have properly gained access, solely for your personal, non-commercial use. DELUXE PRODUCTIONS LLC reserves all rights not expressly granted to you in and to the Sites, the Company Content, and the Marks.

COMMODITY FUTURES TRADING COMMISSION RISK DISCLOSURE

Trading in futures and options presents significant potential for reward, but it also carries a substantial level of risk. You must be fully aware of these risks and be prepared to accept them to participate in the futures and options markets. Do not trade with capital that you cannot afford to lose. This website and its content should not be interpreted as a solicitation or an offer to buy or sell futures or options. No representation is being made that any account is likely to, or will, achieve profits or losses comparable to those discussed on this website. The past performance of any trading system or methodology is not a reliable indicator of future results.

CFTC RULE 4.41 – The performance results presented on this site are hypothetical or simulated and are subject to certain inherent limitations. Unlike a genuine performance record, these simulated results do not reflect actual trading. Furthermore, because the trades have not been executed in a live market, the results may have under-compensated or over-compensated for the impact of certain market factors, such as a lack of liquidity. Simulated trading programs, in general, are also formulated with the benefit of hindsight. No representation is being made that any account will, or is likely to, achieve profits or losses similar to those shown.

HYPOTHETICAL PERFORMANCE DISCLOSURE

Hypothetical performance results have numerous inherent limitations, some of which are detailed below. It is not being represented that any account will or is likely to attain profits or losses similar to those displayed. In reality, sharp differences frequently exist between hypothetical performance results and the actual results later achieved by any specific trading program.

One of the primary limitations of hypothetical performance results is that they are typically prepared with the benefit of hindsight. Additionally, hypothetical trading does not involve financial risk. No hypothetical trading record can fully account for the impact of financial risk in actual trading. For instance, the ability to withstand losses or to adhere to a particular trading program despite incurring losses are crucial points that can adversely affect real trading outcomes. Numerous other factors related to the markets in general or to the implementation of any specific trading program cannot be fully accounted for in the preparation of hypothetical performance results and can all adversely affect trading results.

EDUCATIONAL PURPOSE AND SERVICES

DELUXE PRODUCTIONS LLC is engaged in providing trader education and evaluation programs. All content and data are offered for general informational and educational purposes only. The objective of the company is to identify and cultivate trading talent through simulated environments. The company may offer an incentive-based form of compensation to traders who demonstrate success within our programs.

DELUXE PRODUCTIONS LLC does not provide live trading accounts or direct access to financial markets. The company may supply materials, content, and data related to trading or investing. DELUXE PRODUCTIONS LLC is not liable for any claims, damages, or losses that may arise from any decision made based upon the use of content on deluxetraderfunding.com. You should carefully consider whether trading or investing is suitable for you based on your financial objectives and experience level. By choosing to engage with any of our programs and content, you accept all associated liability and risks.

AUTOMATED AND ALGORITHMIC TRADING

You agree not to misuse the services and programs provided by the company. This includes, but is not limited to, the use of “scalping” algorithms, any proprietary or third-party API that facilitates prohibited trading strategies, or automated discretionary trading in any of our trading environments. You are prohibited from executing hundreds or thousands of rapid trades using any trading algorithm or from implementing reckless transactions in volatile markets with the intent to benefit from system latencies or a lack of execution. If such abuse is suspected, we reserve the right to void any simulated profits generated from such activities.

To ensure performance integrity and meet compliance standards, any third-party trading algorithms must be approved by the DELUXE PRODUCTIONS LLC management team prior to use.

THIRD-PARTY WEBSITES AND CONTENT

The Sites may include links to external websites (“Third-Party Websites”) and may feature articles, photographs, text, graphics, designs, music, sound, video, information, applications, software, and other materials belonging to or originating from third parties (the “Third-Party Content”). You may also be directed to such links through the Company Services.

These Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through our Sites or for any Third-Party Content posted on, available through, or installed from our Sites. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained within the Third-Party Websites or Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply our approval or endorsement.

If you choose to leave the Sites and access Third-Party Websites, or to use or install any Third-Party Content, you do so at your own risk. You should be aware that our terms and policies no longer govern in such instances. We recommend that you review the applicable terms and policies, including privacy and data collection practices, of any website to which you navigate from the Sites or which relates to any applications you use or install from the Sites. Any purchases you make through Third-Party Websites will be conducted on those other websites and with other companies. DELUXE PRODUCTIONS LLC assumes no responsibility whatsoever for such purchases, which are exclusively between you and the applicable third party.

SITE MANAGEMENT

DELUXE PRODUCTIONS LLC reserves the right, but not the obligation, to:

1. Monitor the Sites for any violations of this Agreement.
2. Take appropriate legal action, in our sole discretion, against anyone who violates this Agreement, which may include reporting such users to law enforcement authorities.
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy.
4. In our sole discretion and without limitation, notice, or liability, remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
5. Otherwise manage the Sites in a manner designed to protect the rights and property of DELUXE PRODUCTIONS LLC and others and to facilitate the proper functioning of the Sites.

TERM AND TERMINATION

This Agreement will remain in full force and effect for the entire duration that you use the Sites or are otherwise a user or member. You may terminate your use or participation at any time, for any reason, by following the instructions for closing user accounts provided in your account settings (if available) or by contacting us using the contact information provided below.

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WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, DELUXE PRODUCTIONS LLC RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL. THIS INCLUDES, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. THE COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, AND DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

To protect the integrity of the Sites and Company Services, the Company reserves the right, at any time and in its sole discretion, to block specific IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, by their nature, should survive the termination or expiration of this Agreement in order to fulfill their purposes, shall be deemed to survive for as long as necessary to fulfill such purposes.

PLEASE BE AWARE THAT CERTAIN STATE LAWS MAY ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF OUR THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT (EXCLUDING SUNDAYS AND HOLIDAYS). TO CANCEL, YOU MAY CONTACT A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED IN THIS AGREAEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION IS APPLICABLE ONLY TO INDIVIDUALS RESIDING IN JURISDICTIONS WITH SUCH LAWS.

If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your own name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, DELUXE PRODUCTIONS LLC reserves the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To the Agreement

DELUXE PRODUCTIONS LLC reserves the right to amend this Agreement periodically. All modifications to this Agreement will be posted on the Sites, and each revision will be marked by its effective date. By continuing to use the Company Services after any such modification becomes effective, you agree to be bound by the revised terms.

At its discretion, DELUXE PRODUCTIONS LLC may also choose to notify all users for whom it has email information of such changes via a message to their most recently provided email address. It is therefore crucial that you regularly review this Agreement and maintain current contact information in your account settings to stay informed of any changes. You agree to periodically check the Sites for updates to this Agreement and to read any messages we may send to inform you of such changes. Modifications to this Agreement shall be effective immediately upon posting.

To the Services

DELUXE PRODUCTIONS LLC reserves the right, at any time, to alter, suspend, or cease, either temporarily or permanently, the Company Services (or any part thereof) with or without prior notice. You agree that DELUXE PRODUCTIONS LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Company Services.

RESOLUTION OF DISPUTES

Between Users

Should a dispute arise between users of the Sites, or between users and any third party, you understand and agree that DELUXE PRODUCTIONS LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release DELUXE PRODUCTIONS LLC, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With the Company

1. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services shall be governed by and construed in accordance with the internal laws of the State of New Mexico, without regard to its conflict of law principles. For any disputes or claims not subject to the informal dispute resolution or arbitration provisions below, you agree to not commence or prosecute any action other than in the state and federal courts located in Bernalillo County, New Mexico. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from this Agreement. In no event shall any claim, action, or proceeding initiated by you related in any way to the Sites or Company Services be instituted more than two (2) years after the cause of action arose.

1. Informal Resolution. To facilitate a swift and cost-effective resolution of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and DELUXE PRODUCTIONS LLC agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon written notice from one party to the other.

1. Binding Arbitration. If a Dispute cannot be resolved through informal negotiations, either you or DELUXE PRODUCTIONS LLC may elect to have the Dispute (except those expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both available at the AAA website (www.adr.org). The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and decided by a court, not an arbitrator. Your arbitration fees and your portion of the arbitrator’s compensation will be governed by the AAA Consumer Rules. If the arbitrator determines such costs to be excessive, DELUXE PRODUCTIONS LLC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. The arbitrator will issue a written decision but is not required to provide a statement of reasons unless requested by a party. The arbitrator must adhere to applicable law, and any award may be challenged if this is not the case. Unless otherwise required by the applicable AAA rules or law, the arbitration will take place in Bernalillo County, New Mexico. Except as otherwise provided in this Agreement, you and DELUXE PRODUCTIONS LLC may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

1. Restrictions. You and DELUXE PRODUCTIONS LLC agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the fullest extent permitted by law: (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

1. Exceptions to Informal Negotiations and Arbitration. You and DELUXE PRODUCTIONS LLC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If this section is found to be illegal or unenforceable, then neither you nor the Company will elect to arbitrate any Dispute falling within that portion of this section found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. You and DELUXE PRODUCTIONS LLC agree to submit to the personal jurisdiction of that court.

CORRECTIONS AND INACCURACIES

On occasion, information presented on the Sites may contain typographical errors, inaccuracies, or omissions that could relate to service descriptions, pricing, availability, or other details. DELUXE PRODUCTIONS LLC reserves the right to correct any such errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.

DISCLAIMERS

DELUXE PRODUCTIONS LLC cannot control the nature of all content available on the Sites. By operating the Sites, the Company does not represent or imply that it endorses any blogs, contributions, or other content available on or linked to by the Sites. This includes, without limitation, content hosted on third-party websites or provided by third-party applications. The Company does not affirm that such contributions, blogs, or other content are accurate, useful, or non-harmful. We do not control and are not responsible for any unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any user contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.

YOU AGREE THAT YOUR USE OF THE SITES AND THE COMPANY SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DELUXE PRODUCTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF. THIS INCLUDES, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DELUXE PRODUCTIONS LLC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(A) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS;

(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES;

(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN;

(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES;

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY; AND/OR

(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES.

DELUXE PRODUCTIONS LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES, ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL DELUXE PRODUCTIONS LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE THIRTY (30) DAY PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

INDEMNITY

You agree to defend, indemnify, and hold DELUXE PRODUCTIONS LLC, its subsidiaries, affiliates, and their respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses. Such claims may be made by any third party due to or arising out of your contributed content, your use of the Company Services, and/or your breach of this Agreement or any of the representations and warranties set forth herein.

Notwithstanding the foregoing, DELUXE PRODUCTIONS LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Unless explicitly stated otherwise, any notices directed to DELUXE PRODUCTIONS LLC shall be given by email to the address provided in the contact information below. Any notices directed to you shall be sent to the email address you provided during the registration process, or any other address that either party may specify. Notice will be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also, at our discretion, send notices by regular mail.

USER DATA

Our Sites will maintain certain data that you transmit to the Sites for the purpose of performing the Company Services, as well as data related to your use of the Company Services. Although we perform regular, routine backups of data, you are solely responsible for all data that you transfer or that relates to any activity you have undertaken using the Company Services. You agree that DELUXE PRODUCTIONS LLC shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO THROUGH THE COMPANY SERVICES, INCLUDING CANCELLATION NOTICES, POLICIES, CONTRACTS, AND APPLICATIONS. Accessing and retaining your electronic records may require certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and DELUXE PRODUCTIONS LLC concerning the use of the Company Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and hold no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.

You may not assign this Agreement and your account without our express written consent. DELUXE PRODUCTIONS LLC may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond the Company’s reasonable control. If any provision or part of a provision of this Agreement is found to be unlawful, void, or unenforceable, that provision or part is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and DELUXE PRODUCTIONS LLC as a result of this Agreement or your use of the Sites and Company Services. Upon our request, you will provide any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against DELUXE PRODUCTIONS LLC by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of physical signatures by the parties hereto.

CONTACT US

To resolve a complaint regarding the Company Services or to receive further information about using the Company Services, please contact the Company as set forth below:

DELUXE PRODUCTIONS LLC

2105 VISTA OESTE NW STE E # 5489

ALBUQUERQUE, NM 87120-3693

Email: support@deluxetraderfunding.com