PLEASE READ THE TERMS OF SERVICE BEFORE USING THE WEBSITE.
These terms of service are entered into by and between you and Market Realist, Inc., a New York corporation (“Provider”, “I”, “We”, “My”, “Our”, “Us” or “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference collectively, these Terms of Service (“TOS”), govern your access to and use of marketrealist.com, including any content, functionality, and services offered on or through marketrealist.com (the “Website”), whether as a guest or a registered user.
1. ACCEPTANCE OF TERMS OF SERVICE
This TOS covers important information about our Services including information about future changes to our agreements, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.
2. CHANGES TO THE TERMS OF SERVICE
We may revise and update these TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised TOS means that you accept and agree to the changes. Accordingly, you are expected to continue to review the TOS whenever accessing, linking to, or using this Website.
3. PREMIUM SERVICES
Market Realist may offer paid Services which are made available to users on a subscription basis (“Premium Services”). Some Premium Services may offer a free trial period (“Free Trial”). At any time during the Free Trial portion of your subscription, if any, you may cancel your subscription to the Premium Service by sending us an email at firstname.lastname@example.org.
- Upon the commencement of your initial subscription to the Premium Service, which will begin automatically at the expiration of your Free Trial (unless you cancel it as described above), or if you are not receiving a Free Trial, upon your registration for a Premium Service subscription, we will charge your credit card for the applicable subscription fee and your Premium Service subscription will commence.
- If you wish to cancel your Premium Service subscription at any time, you must notify us by emailing us at email@example.com prior the expiration of the then- applicable Premium Service subscription term. You may not cancel a subscription by any other means (such as by sending a request via another email address, postal mail or by calling any phone number). If you do not cancel your Premium Service subscription as provided above prior to the termination of the subscription term, your Premium Service will be renewed automatically for the same subscription period (unless we do not offer such subscription period at the time of renewal, in which case, the renewal period will be for the next closest subscription period we offer at that time). We will charge the credit card you designated during the registration process (or subsequently changed) for the applicable subscription fee and your Premium Service subscription will be renewed.
- Although you may cancel at any time, we do not offer refunds, reimbursements or credits on Premium Service subscription fees.
In connection with recurring billing for Premium Service subscription renewals, you authorize Market Realist to bill your credit or charge card, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges are incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all of our attorneys’ and collection agency fees.
4. RELIANCE ON INFORMATION AND SECURITIES DISCLAIMER
The information presented on or through the Website is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Nothing in the Services shall be considered a solicitation to purchase securities or a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. In addition, none of the Company, its employees, contractors or agents, authors, or any of their affiliates are advising you personally concerning the nature, potential, value, or suitability of any particular security, portfolio of securities, transaction, investment strategy, or other matter. We do not conduct adequate factual review or due diligence of possible investment options to provide investment advice. We do not and cannot predict the performance or price movement of any security. We also do not and cannot guarantee that any content published on the Website is true, correct, complete, or viable.
To the extent that any of the content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published through the Website will not contain a list or description of relevant risk factors.
You understand that the Website may contain opinions from time to time with regard to securities mentioned in other Company publications or products and that opinions may differ as between different Company publications or products. Furthermore, while trading and ethics policies instituted by the Company are intended to prevent bias or conflicts involving authors of content and the securities written about, you understand and agree that at the time of any transaction that you make, one or more authors or their affiliates may have a position in the securities written about. We are not responsible for reviewing the trading accounts of content authors to verify that they are complying with our trading and ethics policy.
You understand that performance data is supplied by sources believed to be reliable but over which we do not exercise control. Neither the Company nor its data providers shall be responsible for any errors or omissions related to securities data presented through the Website.
All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Trading in securities involves risk and volatility. Past results are not necessarily indicative of future performance.
5. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- making all arrangements necessary for you to have access to the Website; and
- ensuring that all persons who access the Website through your internet connection are aware of these TOS and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOS.
6. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These TOS permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, exceptas follows.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
Except as explicitly permitted in these TOS, you must not:
- copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile any materials from the Website or any part thereof or otherwise attempt to discover any source code or modify the Website, Service or any materials from the Website in any manner;
- use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text;
- delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
- use the Services, Website or materials contained therein for the purpose of building a similar or competitive product or service;
- reproduce, distribute, republish, syndicate, display, post, download or transmit the Services, Website or materials contained therein in any form or by any means;
- obtain unauthorized access to the Website or Services;
- “mirror” or “frame” any part of the Services, Website or materials contained therein, or create internet links to the Website which include log-in information, user names, passwords, and/or secure cookies;
- interfere with the security of, or otherwise abuse, the Services, Website or materials contained therein, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or associated or linked to the Website; or
- use or attempt to use another’s account, password, service, system or other information without prior written authorization from us, or create or use a false identity on the Website.
- obtain unauthorized access to the Website or Services;
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to firstname.lastname@example.org.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the TOS, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws.
Market Realist™ is a trademark and/or service mark of the Company. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
7. PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these TOS. You agree not to use the Website:
- in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these TOS;
- to upload, transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation;
- to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- use any device, software, or routine that interferes with the proper working of the Website;
- introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- attack the Website via a denial-of- service attack or a distributed denial-of- service attack; or
- otherwise attempt to interfere with the proper working of the Website.
8. USER CONTRIBUTIONS
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these TOS. Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
- all of your User Contributions do and will comply with these TOS. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
9. MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the TOS, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;/span>
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/span>
- terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these TOS./span>
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Your right to access and use the Website immediately terminates without further notice upon your breach of this Agreement. Your obligations under this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.
10. CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- be likely to deceive any person;
- promote any illegal activity, or advocate, promote, or assist any unlawful act;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.;
- impersonate any person or misrepresent your identity or affiliation with any person or organization;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or
- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Provider’s copyright agent the written information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (including but not limited to authorization as a “fair use” under 17 U.S.C. § 107); and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Provider that your copyrighted material has been infringed. Provider’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
246 5th Avenue
New York, NY 10001
12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
13. LINKING TO/FROM THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on this Website;
- send emails or other communications with certain content, or links to certain content, on this Website; or
- cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or
- otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these TOS. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these TOS.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We may disable all or any social media features and any links at any time without notice in our discretion.
14. GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, YOUR USE OF ANY SUCH CONTENT, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TOS OR YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TOS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.
18. GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these TOS and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these TOS or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these TOS in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these TOS or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non- breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
If these arbitration provision are invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue set forth in Section 17 shall govern any claim in court arising out of or related to this TOS.
20. WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set out in these TOS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these TOS shall not constitute a waiver of such right or provision.
If any provision of this Agreement shall be held to be, deemed, or shall in fact be invalid, inoperative, or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance, or for any other reason, the provision or provisions in question shall not be invalid, inoperative, or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative, or unenforceable and such provision shall be reformed so that it would be valid, operative, and enforceable to the maximum extent permitted in such circumstances.
21. ENTIRE AGREEMENT
The Provider may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without the Provider’s prior written permission. Any attempt by you to assign your rights under this Agreement without the Provider’s permission shall be void and non-binding on the Provider.
23. WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
24. FORCE MAJEURE
The Provider shall not be liable for any failure or unavailability of the Services and/or the Materials or failure by Provider to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism, or any other event beyond the Provider’s control.
You agree that, where the Provider is required to provide you with notice under this agreement, acceptable and sufficient forms of notice include but are not necessarily limited to, the following:
(1) e-mail to the most recent e-mail address that you have provided to Provider, regardless of the current status of that e-mail address; or
(2) written communication delivered by first class US mail to the most recent physical address that you have provided to the Provider, if applicable.
You accept sole responsibility for providing us with notice of changes to your e-mail address and/or your physical address.
Except as otherwise set forth above, you may give notice to the Provider at any time via our Contact Us page; or by letter delivered by first class postage-prepaid US mail or overnight courier to the following address.
Market Realist Inc.
246 5th Avenue
New York, NY 10001
Attn: User Registration
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.