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Terms and Conditions


Updated: August 28, 2019

Welcome to Legend Trading! These Terms of Service, together with our Privacy Policy govern your access to and use of the website (the “Site”) of Legend OTC Inc., (“Legend Trading”, “Legend”, “we”, “our”, or “us”), and your use of any of the services provided through the Site (the “Services”). These Terms of Service and any additional terms and conditions, policies, agreements and disclosures to which you have agreed are hereafter referred to collectively as the “Agreement”. Please read these Terms of Service carefully.

Your use of the Site is governed by the version of the Terms of Service in effect on the date of use. Legend may modify the Terms of Service at any time and without prior notice. By using and accessing the Site, you acknowledge and agree to review the most current version of these Terms of Service prior to each such use. Your continued use of and access to the Site constitutes your acknowledgement of, and agreement to, the then current Terms of Service. Please also note that the provisions of these Terms of Service are in addition to any other agreements between you and Legend, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Site.

GENERAL USE


Terms.

Legend reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Site and/or to suspend and/or deny access to the Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Legend does not undertake any obligation or responsibility to update or amend any such information. Legend may discontinue or change any product or service described in or offered on the Site at any time without prior notice. Legend further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that Legend and its affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Authorized User.

Some of our services, and certain pages of the Site, are available only to users who have been authorized by us to access those services and web pages. Such authorization may require, among other things, satisfactory background information screening.

Identity Verification.

During registration to use the Services, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services. Your access to one or more Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.

Unauthorized Use.

Unauthorized use of the Site and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of Legend’ systems and/or any restricted areas of the Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or service or interfere with any other party’s use and enjoyment of the Site or service. You may not attempt to gain unauthorized access to the Site or any service, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Site. You agree that you will not engage in any activities related to any Site that are contrary to these Terms of Service and/or any applicable laws or regulations. You agree to notify us immediately in the event that you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner. You are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us legal@legendtrading.com.

PERSONAL DATA AND DATA SECURITY


Personal Data.

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, which is available here, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY


Disclaimer of Warranties.

THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. LEGEND DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE SITE AND/OR YOUR USE OF THE SITE GENERALLY, OR FOR ANY PARTICULAR PURPOSE, AND LEGEND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEGEND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, LEGEND CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER LEGEND, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “LEGEND PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING ANY SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF ANY SITE OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF LEGEND OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.

Limitation of Liability.

IN NO EVENT WILL LEGEND OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF LEGEND OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. LEGEND CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

INTELLECTUAL PROPERTY AND TRADEMARK


Proprietary Rights.

All right, title and interest in the Site and all content contained herein is the exclusive property of Legend, except as otherwise stated. Unless otherwise specified, the Site is for your personal or internal business use only. You may print, copy and download limited amounts of information and content from the Site; provided that it is solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Site, except for the purposes expressly provided herein, without Legend’ prior written approval. If you copy or download any information or software from a Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Trademark.

Legend, the Legend logo, and other Legend trademarks and service marks referenced herein are trademarks and service marks of Legend. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Legend or the applicable third-party rights holder.

Copyright Complaints.

Legend respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Legend in accordance with the procedure set forth below. Legend will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to:

Legend OTC Inc.
960 San Antonio Road, Suite 200
Palo Alto, CA 94303
legal@legendtrading.com

INFORMATION HANDLING, CONDITIONAL USE, CONTENT


User Submitted Information.

As a user of the Site, you may be permitted to post certain user submitted content on various portions of the Site. For the purposes of this Agreement, all content, information and materials posted, uploaded, submitted, published or otherwise displayed through a Site shall be referred to as “User Submitted Content”. You are solely responsible for all User Submitted Content that you post, upload, submit, publish or otherwise display through a Site. Legend reserves the right to investigate and take appropriate legal action against anyone who, in Legend’s sole discretion, violates the terms of this Agreement regarding User Submitted Content, including without limitation, by removing the offending User Submitted Content from the Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities without notice. You expressly acknowledge and agree that all User Submitted Content will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  2. Not contain any content that is inaccurate, harassing, libelous, abusive, obscene, discriminatory or otherwise objectionable;
  3. Not promote or solicit the purchase or sale of any product, security, financial asset or investment unless such communication is expressly permissible under the Securities Act of 1933 and all other applicable laws and regulations;
  4. Not contain any software viruses, worms or other programs that may interfere with the functionality of the Site or with any user of the Site;
  5. Not infringe any intellectual property or other proprietary rights of any party;
  6. Not contain any information that you do not have a right to upload under any law or under contractual or fiduciary relationships;
  7. Not pose or create a privacy or security risk to any person;
  8. Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  9. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and/or
  10. Contain material that, in the sole judgment of Legend, is objectionable or restricts or
  11. inhibits any other person from using or enjoying the Site and/or which may expose Legend or its users to any harm or liability of any type.

Use of Links.

The Site may contain links to third party websites and/or services (each, a “Third Party Site”). These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Legend of any information contained in any Third Party Site. In no event shall Legend be responsible for the information contained on any Third Party Site and/or your use of or inability to use such site. You should also be aware that the terms and conditions and privacy policy of each Third Party Site will be different from those applicable to your use of the Site. You should contact the operator of the applicable Third Party Site for any information regarding that site’s terms and conditions and/or privacy policy.

Third Party Content.

Certain portions of the Site may contain unedited or third party content, including, without limitation, User Submitted Content. All User Submitted Content and all other postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available by parties other than Legend (such content, the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and Legend may not monitor and does not control such Third Party Content, although Legend reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Legend makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. Your use of such Third Party Content may be subject to the terms of service or user agreement of such Third Party Content provider.