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TERMS AND CONDITIONS

Effective for new signups as of March 30, 2022. For terms applicable to prior signups visit here.These Terms of Service ('Terms') govern your use of the www.backtestdata.com website (the 'Site') and the BACKTESTDATA and related service (the 'Services), which are owned and operated by BACKTESTDATA ('BACKTESTDATA', 'we' or 'us'). Our Privacy Policy is incorporated by reference into these Terms and is subject to the provisions of these Terms. Please read these Terms carefully before you access the Site or Services, as these Terms form a binding legal agreement between you and BACKTESTDATA. By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN 'THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION.'IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE BACKTESTDATA PRIVACY POLICY, WHICH CAN BE FOUND AT Legal Privacy Section

1. Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services. Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies

2. Mining Service

You understand that we are providing you with a mining facilities service, which includes, but is not limited to the use of GPUs, transport, and other equipment and protocols to mine in our facilities. You agree to abide by these Terms with respect to your use of the Service.

3. Authorized User, Your Responsibility

You may not access or use the Site or Services if you are unable to form a binding, legal agreement with BACKTESTDATA. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the Site or Services. BACKTESTDATA does not meter the number of connections from a client. However, BACKTESTDATA reserves the right to reduce or limit connections to ensure the proper functioning of our systems.

4. Personal Information

By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current, and complete and that you will promptly notify us if your information changes. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the BACKTESTDATA Privacy Policy, which you can find and read at Legal & Policy

5. Personal Use, Account Restrictions

BACKTESTDATA grants you a personal, limited, non-transferable, non-exclusive account to use BACKTESTDATA Site content and the Services, solely for your personal, private and non-commercial use in connection with the BACKTESTDATA Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users to access our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the BACKTESTDATA Services except with the prior written approval of BACKTESTDATA.Furthermore, without the prior written approval of BACKTESTDATA, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site Content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the BACKTESTDATA Services you are using.Making unauthorized copies or distribution of Site content may result in the termination of your BACKTESTDATA account, prohibition on the use of BACKTESTDATA Services, and further legal action.

6. Software

The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system, or device ('Software'). BACKTESTDATA grants to you a non-exclusive, limited license to use BACKTESTDATA Software solely for the purpose stated by BACKTESTDATA at the time the BACKTESTDATA Software is made available to you and in accordance with these Terms. Your use of the BACKTESTDATA Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access BACKTESTDATA Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from BACKTESTDATA Software. You may not modify BACKTESTDATA Software or use it in any way not expressly authorized in writing by BACKTESTDATA. You understand that BACKTESTDATA's introduction of various technologies may not be consistent across all platforms and that the performance of BACKTESTDATA Software and related BACKTESTDATA Services may vary depending on your computer and other equipment. From time to time, BACKTESTDATA may provide you with updates or modifications to BACKTESTDATA Software. You understand that certain updates and modifications may be required in order to continue to use the BACKTESTDATA Software and BACKTESTDATA Services.

7. Spam

BACKTESTDATA enforces a zero-tolerance SPAM policy regarding information transmitted through our network. BACKTESTDATA may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following: Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to BACKTESTDATA or any URL (domain) that is hosted by BACKTESTDATA. The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by BACKTESTDATA. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message. If TRADE COPY determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.

8. Fees, Payment Terms

BACKTESTDATA may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for an unmetered number of devices. You agree that all fees charged by BACKTESTDATA for accessing the Services will be automatically charged to your payment account on file with BACKTESTDATA. Payments will be done each month but the company can change the payment schedule without any prior notice.

9. Return Policy

If you are less than 100% satisfied with the BACKTESTDATA service, we will gladly return your machine/machines after a certain period. Requests made before buying the machines are not applicable. You understand that transport or other transportation methods may not allow for returns so that return may happen slowly. You agree and acknowledge that BACKTESTDATA is not liable if a transportation method does not allow for return.

10. Use of Service

BACKTESTDATA is not liable for the loss, corruption, alteration, or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold BACKTESTDATA harmless for any such loss, alteration, corruption, or removal. BACKTESTDATA may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that BACKTESTDATA will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal.

11. Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

  • The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud.
  • Sending or transmitting any SPAM with the company’s name, whether via e-mail, Usenet, or any other communication channel.
  • Acts that may materially affect the quality of other users‘ experience.
  • Actual or attempted unauthorized use or sabotage of any computers, machines, or networks.
  • Introducing malicious programs into BACKTESTDATA‘s network or servers (e.g. viruses, worms, Trojan horses, etc.)
  • Engaging in any monitoring or interception of data not intended for you without authorization
  • Attempting to circumvent authentication or security of any host, network, or account (‘cracking‘) without authorization
  • Using any method, software, or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity‘s website or service
  • Advertising anything regarding the company without having proper permissions.
  • Impersonating any person or entity, including, but not limited to, a BACKTESTDATA representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
13. Export Control Laws

The Services and Software may be subject to export control restrictions of the United States, the European Union, Canada, or other jurisdictions. By using the Services or downloading any Software from BACKTESTDATA, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by the U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data, or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.

14. Right to Restrict or Terminate Access

These Terms shall be automatically renewed for successive one-month periods until canceled by you or by BACKTESTDATA. BACKTESTDATA may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that BACKTESTDATA in its reasonable discretion believes violates the letter or spirit of any of these Terms. If BACKTESTDATA denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

15. Security

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and certain online transactions involves the use of identification numbers, passwords, payment accounts, or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, the System, or of any Private Documentation, and shall promptly report to BACKTESTDATA any suspected unauthorized use or other breaches of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. BACKTESTDATA shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.

16. Disclaimer of Warranty

Actual service may vary due to some reasons. BACKTESTDATA will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited, or curtailed. Delays or omissions may occur. We are not responsible for dead machines, stolen machines, faulty machines. BACKTESTDATA is also not responsible for any kind of sudden government restrictions. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage at our sole discretion to protect users or the Services. The accuracy and timeliness of profit are not guaranteed.YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION, AND THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. BACKTESTDATA DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. BACKTESTDATA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, Trade Copy'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

17. Limitation of Liability

Under No Circumstances Will BACKTESTDATA, Its Affiliates, Employees, Agents, Representatives, Licensors Or Other Third-Party Partners Be Liable To You Or Any Other Person For Any Direct, Indirect, Incidental, Punitive, Special, Exemplary, Or Consequential Damages Arising Out Of The Use, Inability To Use, Or The Results Of Use Of Our Services, Site Or Content Anywhere On The Internet, Whether Based On Warranty, Contract, Tort (Including Negligence), Or Any Other Legal Theory; Including Without Limitation Damages Resulting From Lost Profits, Lost Data, Loss Of Business Or Business Interruption, Whether Direct Or Indirect, Arising Out Of The Use, Inability To Use, Or The Results Of Use Of Our Services, Our Site Or Content Anywhere On The Internet, Whether Based On Warranty, Contract, Tort (Including Negligence), Or Any Other Legal Theory. Your Sole And Exclusive Remedy Under This Agreement Shall Be For You To Discontinue Your Use Of The Site And Services. If, Notwithstanding The Foregoing, Any Of The BACKTESTDATA Parties Is Found To Be Liable To You Or Any Other Person For Any Damage Or Loss Arising Out Of Or Relating To This Agreement Or Your Use Of The Site, Service, Software Or Any Content Therein, The BACKTESTDATA Party's Total Cumulative Liability Shall In No Event Exceed The Greater Of: (A) The Amount You Paid BACKTESTDATA For Your Use Of The Service; And (B) The Sum Of One Hundred (100) Us Dollars. Some States Or Jurisdictions May Not Allow The Exclusion Or The Limitation Of Liability For Direct, Consequential, Indirect, Exemplary, Special, Punitive Or Incidental Damages. In Such States Or Jurisdictions, The BACKTESTDATA Parties' Liability To You Shall Be Limited To The Full Extent Permitted By Law.

18. Indemnity

You agree to defend, indemnify and hold the BACKTESTDATA Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. BACKTESTDATA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.

19. Children & Minors

By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside.

20. Binding Arbitration and Class Action Waiver

You and we agree that all disputes and claims between you and us shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any dispute, claim or controversy arising out of or relating in any way to the Services, our software, our website, the Terms, or any aspect of the relationship between you and us. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms and the termination of your account.A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be addressed to Trade Copy, ATTN: Legal Department, 700 S. Flower St., Suite 1500, Los Angeles, CA 90017, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. You may download or copy a form Notice and a form to initiate arbitration at www.jams.com. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Expedited Arbitration Procedures (collectively, “JAMS Rules”) of JAMS, as modified by the Terms, and will be administered by JAMS. JAMS Rules and Forms are available online at www.jamsadr.com. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless you and we agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.We may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by JAMS Rules.

21. General Terms
  • Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the BACKTESTDATA homepage constitute the entire agreement between BACKTESTDATA and you with respect to your use of our Site Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall control.
  • Amendments. No amendment to these Terms by you shall be effective unless acknowledged in writing by BACKTESTDATA. Notwithstanding the foregoing, BACKTESTDATA reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
  • Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of the state of California, without reference to its choice of law rules. Venue for any action arising out of or in connection with this agreement shall be in Los Angeles County, California. The parties each hereby consent to the jurisdiction and venue in Florida, California, and waive any objections to such jurisdiction and venue.
  • Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
  • Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
  • Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of BACKTESTDATA, which may be withheld at BACKTESTDATA's sole discretion.
  • Non-Waiver. BACKTESTDATA's failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.