Web Site Subscriber Agreement and Terms of Service Between Subscriber and MarketTells.com (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY MARKETTELLS.COM…
All references to MarketTells.com shall include the owner of MarketTells.com, and any affiliates, subsidiaries, officers and employees of MarketTells.com, or its owner. All references to “you” and “your” shall mean the subscriber.
ACCEPTANCE BY MARKETTELLS.COM AND ACCESS TO MARKETTELLS.COM IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MARKETTELLS.COM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. Description of Services
MarketTells.com publishes research notes that are delivered by either email or posting on areas of the World Wide Web which can be password protected areas. The notes provide commentary and information primarily on the U.S. stock market.
2. Subscribing
By subscribing to MarketTells.com, you agree to provide complete and accurate registration information, including, without limitation, your legal name, address, email address and telephone number. You agree to maintain and update this information as necessary to keep it true, accurate and complete. MarketTells.com reserves the right to terminate the subscriber’s subscription or limit access to the services if the information is false or inaccurate.
PLEASE NOTE: We understand the need to access the information provided at home and at work. However, if suspicious behavior is apparent (i.e. shared passwords among users), then the subscriber will forfeit all paid subscription dues and access will be terminated. Password-sharing is NOT encouraged, as anyone with the user’s login details may be able to obtain sensitive information about the subscriber.
3. Payment, Renewal and Cancellation
All subscription fees will be charged to the credit card provided by the subscriber. The charges will appear on the credit card statement under the name “Yang Market Research”, which is subject to change at anytime. Payment for a subscription is due in advance and will be charged to the subscriber’s credit card prior to the period selected. Renewal of your subscription is automatic, occurs every 30 calendar days for monthly subscriptions, 90 calendar days for quarterly subscriptions, or 365 days for yearly subscriptions and will continue until you notify MarketTells.com to cancel your subscription (if you do not receive a confirmation within 24 hours, please re-send your request). Please note that NO REFUNDS ARE GIVEN FOR SUBSCRIPTIONS. You must notify MarketTells.com via email or the contact form on the website that you wish to cancel at least 24 hours before your account is up for renewal. You are responsible for knowing when your renewal date is up, but may inquire at any time via email or phone.
PLEASE NOTE: Any “special” or discounted subscriptions, defined as being an offer below the current subscription rate, will not be refundable in any amount after 30 days of sign-up.
MarketTells.com reserves the right to change the rates for the subscription at any time following 30 days notice by email to the subscriber. The subscription rate change shall apply to all subsequent billings following the 30-day notice period. If the company issuing the credit card rejects the charge for any reason, MarketTells.com reserves the right to terminate your subscription and your access to MarketTells.com.
Yang Market Research reserves the right to charge the card given us by subscribers. Should the expiration date of the card change, but only the expiration date, Yang Market Research reserves the right to advance the date to your card’s new expiration.
4. Selection of username & password
To access MarketTells.com you will be issued a username and password. You agree that you have no right to transfer, assign or share the username or password, and that you are solely responsible for maintaining confidentiality of your username and password. If you believe that your information is no longer secure, you agree to promptly notify MarketTells.com and change your username and password.
5. Representations and Warranties
You represent and warrant to MarketTells.com that (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all the terms and conditions of this Agreement, including, without limitation, the Terms of Use set forth below; and (c) you have provided accurate and complete registration and subscription information, including, without limitation, your legal name, address and telephone number.
6. Terms of Use
a. You agree that you shall use the access granted to MarketTells.com and any emails received from MarketTells.com, its agents or assigns, for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, material or services obtained from the MarketTells.com or the emails sent by MarketTells.com.
b. You acknowledge that you have read, understand and agree to the terms of the Disclaimer posted on MarketTells.com, which are incorporated herein by reference, as if set forth and restated in their entirety.
c. You agree that you will only use the access granted under this Agreement for lawful purposes.
d. You agree not to permit anyone whose subscription was terminated to access the site with your username and password, or to provide your information for the purpose of accessing MarketTells.com.
e. All materials displayed or performed on the MarketTells.com, or in emails sent by MarketTells.com, (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by MarketTells.com or its third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. MarketTells.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by MarketTells.com, for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from MarketTells.com, or from the copyright holder identified in such Content’s copyright notice.
f. The site and emails maintained and distributed by MarketTells.com may contain links to the sites of third parties. The linked sites are not under the control of MarketTells.com and MarketTells.com is not responsible for the content of those sites. These links are provided only as a matter of convenience and inclusion of a link by MarketTells.com does not imply an endorsement of, or an association with, any third party’s linked site, products or services, unless expressly stated. MarketTells.com is not a party to any agreement or transaction which you enter into with a third party accessed through a link. You are responsible for reading and complying with the terms of use, privacy statement and disclaimer for any linked site.
7. Indemnification
You will indemnify and hold MarketTells.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from (i) any claims of liability or responsibility for any use or misuse of the Services as selected or as applied by you, (ii) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your MarketTells.com username and password, of any intellectual property or other right of any person or entity.
8. Disclaimer of Warranties
You acknowledge that the services and the site are still under development and that the services, content, site and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long implied warranty lasts, so the above limitations may not apply to you.
9. Accessibility
You agree that from time to time MarketTells.com may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which MarketTells.com may undertake from time to time; or (iii) causes beyond the control of MarketTells.com or which are not reasonably foreseeable by MarketTells.com. MarketTells.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. MarketTells.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
10. Termination
MarketTells.com reserves the right to terminate your subscription or limit your access to MarketTells.com at any time, in its sole discretion, and make a refund to you for any remaining whole months on your subscription. In the event of a breach of this Agreement by you, MarketTells.com reserves the right to immediately terminate your access without a refund.
11. Modification and Amendment
MarketTells.com reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the web site, or by sending you a notice via e-mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
12. Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the City and County of Phoenix, Arizona. This Agreement shall be governed by the laws of the state of Arizona. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
13. Miscellaneous
a. Law. This Agreement shall be governed by the laws of the state of Arizona and the United States of America without reference to conflicts of laws.
b. Waiver and Severability. No failure or delay in exercising or enforcing any right or remedy hereunder by MarketTells.com shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
c. Survival. The respective rights and obligations of the parties under Sections 5, 6, 7, 8 13, and this Section 14 shall survive any termination or expiration of this Agreement.
d. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
The MarketTells.com web site is published as an informational service for subscribers, and it includes opinions as to buying, selling and holding various securities. However, the publishers of MarketTells.com are not investment advisers, and they do not provide investment advice or recommendations directed to any particular subscriber or in view of the particular circumstances of any particular person. The information provided by MarketTells.com is obtained from sources believed to be reliable but is not guaranteed as to accuracy or completeness. Subscribers to MarketTells.com or any other persons who buy, sell or hold securities should do so with caution and consult with their financial advisor.
The publishers of MarketTells.com may buy or sell the securities discussed for purposes of investment or trading without disclosure of all trades to subscribers. MarketTells.com and its publishers, owners and agents, are not liable for any losses or damages, monetary or otherwise, that result from the content of MarketTells.com. Securities discussed by MarketTells.com should be considered speculative and contain a high degree of volatility and risk.
The information contained on MarketTells.com is provided for general informational purposes, as a convenience to the subscribers of MarketTells.com. The materials are not a substitute for obtaining professional advice from a qualified person, firm or corporation. Consult the appropriate professional advisor for more complete and current information. MarketTells.com is not engaged in rendering any legal or professional services by placing these general informational materials on MarketTells.com. MarketTells.com and its publishers specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of MarketTells.com, even if MarketTells.com has been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the site or viruses.
MarketTells.com makes no representations or warranties about the accuracy or completeness of the information contained on this website. Any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that MarketTells.com endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. However, MarketTells.com may receive compensation from the server sites which are provided through links. MarketTells.com is the copyright owner of all text and graphics contained on this website, except as otherwise indicated. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of MarketTells.com. Permission to use and reproduce documents and related graphics available from this website is granted, provided that: (1) the below copyright notice appears in all copies and that both the copyright and this permission notice appear; (2) use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; (3) no documents or related graphics, including logos, available from this website are modified in any way; and (4) no graphics, including logos, available from this website are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
OTHER THAN AS SET FORTH ABOVE, ANY REDISTRIBUTION of the MarketTells.com web site or the information contained therein, without the written consent of the publishers of MarketTells.com, is STRICTLY PROHIBITED. Copying and/or electronic transmission of the MarketTells.com web site or content is a violation of copyright law.