Terms of Use

Terms of Use and Conditions

These Terms of Use and Conditions ("Terms") govern your access to and use of the Hilton Trading Corp dba AccuBANKER website, our mobile apps, software, and the other services provided by Hilton Trading Corp dba AccuBANKER (“Services”). We will refer to Hilton Trading Corp dba AccuBANKER and all of its subsidiaries collectively as “AccuBANKER”. Please read these Terms carefully and contact us if you have any questions. By accessing or using AccuBANKER’s website, you agree to be bound by these Terms and our Privacy Policy. If you don’t agree with the Terms, you may not use our Services.

Copyright

The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of AccuBANKER. Copyright 2020. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with AccuBANKER or purchasing AccuBANKER products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with AccuBANKER or to purchase AccuBANKER, SILVER by AB, or SpecTRUE Guardian products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by AccuBANKER. You further agree not to change or delete any proprietary notices from materials downloaded from the site. 

Trademarks

All trademarks, service marks and, trade names of AccuBANKER used in the site (including but not limited to the AccuBANKER name, the "AccuBANKER" brand, and all of their related logos and designs) are trademarks or registered trademarks of Hilton Trading Corp dba AccuBANKER. SILVER by AB, SpecTRUE Guardian, and other trademarks appearing on the Site are the trademarks of AccuBANKER and/or its subsidiaries. 

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, AccuBANKER disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. 

AccuBANKER does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. AccuBANKER does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. You are solely responsible for any damage to your Device resulting from accessing the website or using mobile apps, to the extent applicable law does not provide otherwise. Some states or other jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions and limitations may not apply to you.

Limitation of Liability

AccuBANKER shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if AccuBANKER has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that an AccuBANKER product is mistakenly listed at an incorrect price, AccuBANKER reserves the right to refuse or cancel any orders placed for a product(s) listed at the incorrect price. AccuBANKER reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AccuBANKER shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by AccuBANKER without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

AccuBANKER may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to AccuBANKER.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to Florida's chapter on "Sales". You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of AccuBANKER products) shall be in the state or federal courts located in Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of AccuBANKER products) must be commenced within one (1) year after the claim or cause of action arises. AccuBANKER's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AccuBANKER may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an AccuBANKER or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

AccuBANKER does not and cannot review all communications and materials posted to, or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, AccuBANKER is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, AccuBANKER reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property rights of another or (d) offensive or otherwise unacceptable to AccuBANKER at its sole discretion. 

Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

AccuBANKER gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by AccuBANKER as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AccuBANKER, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Your Account

If you choose to open an account with AccuBANKER to use some of our Services. Here are a few rules about accounts with AccuBANKER: 

  1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use AccuBANKER or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
  2. You must provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
  3. You must choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  4. You are solely responsible for any activity on your account. If you are sharing an account with other people, the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
  5. You must protect your password. You are solely responsible for any activity on your account. It is important to keep your account password secure.
  6. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and AccuBANKER. 

Indemnification

You agree to indemnify, defend, and hold harmless AccuBANKER, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions limitations may not apply to you.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify AccuBANKER and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Third-Party Links

In an attempt to provide increased value to our visitors, AccuBANKER may link to sites operated by third parties. However, even if the third party is affiliated with AccuBANKER, AccuBANKER has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AccuBANKER. You should evaluate the security and reliability of any other site linked to or accessed through this site before disclosing any personal information to them. AccuBANKER will not accept any liability for any loss or damage, in any manner whatsoever, regardless of the cause, resulting from your disclosure of personal information to third parties. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, AccuBANKER seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work). 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with these Terms.

Miscellaneous Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Each party hereby submits to the exclusive jurisdiction of The State of Florida, USA for the purposes of resolving any dispute and /or enforcing any claim arising hereunder. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by AccuBANKER.

Privacy Policy

Our Privacy Policy describes the collection and use of personal information while using the Services.

Cookies

Like most interactive websites, AccuBANKER’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. For more information, please review our Privacy Policy.

Accessibility

Customers with physical or mental disabilities deserve the same high level of service given to any other customer. At AccuBANKER we believe this is simply common courtesy as well as good customer service.

All goods and services provided by AccuBANKER shall follow the principles of dignity, independence, integration, and equal opportunity.

AccuBANKER is committed to keeping our sites accessible to all visitors so it is convenient for everyone to navigate. However, if you encounter any difficulty in using our sites please contact support@accubanker.com or call us at 888.993.2228. We’ll work with you to ensure that you have full access to the information available to the public on our sites.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or message about the changes. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Contact Us 

If you have any questions about these Terms, please call us at 888.993.2228 or email us at support@accubanker.com.

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