The Terms of Service (“TOS”) listed below apply to the MarketBeat.com website, MarketBeat Daily, MarketBeat Daily Premium, MarketBeat All Access, Trader's Guide to Equities Research, the StockAid iPhone and Android App and all other products and services offered by MarketBeat and/or American Consumer News, LLC (collectively the “Services”).
- "Agreement" or "Terms of Service" shall mean the TOS.
- “MarketBeat” is a trade name owned by American Consumer News, LLC, and shall refer to such entity, or its assigns, when used herein.
- “Services” shall mean all content, information, news, data or links, however provided, by MarketBeat.
- "Software" shall mean all code, products or programs used in connection with the provision Services.
- "We" or "MarketBeat" refers to MarketBeat and its affiliates, licensors, and service providers.
- "Website" shall mean MarketBeat.com or any site we maintain.
- "You" or "your" refers to all viewers and users of any of the Services.
- REGISTRATION. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or MarketBeat has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MarketBeat has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the MarketBeat registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MarketBeat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MarketBeat shall not be liable for any loss or damage arising from your failure to comply with this Section.
- GRANT OF LIMITED LICENSE AND PROPRIETARY RIGHTS. Subject to the limitations on this TOS: MarketBeat grants you a personal, non-transferable and non-exclusive right and license to use the Services and Software for a single user unless you have contacted MarketBeat and obtained a site-license or multiple user license or if you are a Marketbeat XML data feed subscriber; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or Software. You agree not to modify the Services or Software in any manner or form, nor to use modified versions of the Services or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by MarketBeat for use in accessing the Services.
- USER AGREEMENTS AND SERVICE LIMITATIONS. You agree as follows:
- Use. MarketBeat Services are provided for informational purposes only. MarketBeat Services are not intended for trading or investment purposes. MarketBeat and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available on any MarketBeat site or service, and shall not be responsible or liable for any trading or investment decisions based on such information.
- Accuracy of ratings. Although the ratings reported by MarketBeat have historically been 99.7% accurate, we cannot guarantee the complete accuracy of the ratings reported.
- Accuracy of information. The information contained on the Services is not guaranteed to be accurate, current, or complete. MarketBeat has attempted to provide accurate information on the Services, but assumes no responsibility for the accuracy of the information. Information on the Services may contain inaccuracies or typographical errors, and may be changed without notice. There may be errors in our Services and we reserve the right to correct errors.
- No Resale. You agree not to resell, reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any content or data acquired from MarketBeat's services without first entering into a licensing agreement to do so with MarketBeat. Reproduction of content contained in Marketbeat Services for commercial purposes is part of a Marketbeat XML data feed service subscription and the limitations of this section shall not apply to subscribers of Marketbeat XML data feed services.
- Resale limitation. Data acquired from the Services is not to be resold to any third party. Data compiled by MarketBeat may not be redistributed in bulk (such as by CSV, Excel or database formats) to any third party.
- No recommendations. MarketBeat does not recommend individual stocks or any other securities and does not offer professional financial advice. Information and content provided on the Services is not meant to be a recommendation, repudiation or an offer to buy or sell any security. MarketBeat staff members are not brokers, dealers or registered investment advisers and do not intend or attempt to influence the purchase or sale of any security. MarketBeat does not guarantee the accuracy or completeness of the content displayed in any section of the Services.
- Reuse limitation. You will not use content from MarketBeat in any prospectus, offering memorandum or other disclosure attributable to any issuer of securities.
- Not responsible for losses. MarketBeat is not responsible for any loss that may be incurred by any person resulting for the use of the Services or any material contained herein. The publishers of MarketBeat recommend anyone desiring to trade in securities do so cautiously and with the help of a personal financial advisor.
- Forward-looking statements. The Information and services contained in or made through this site may include or incorporate by reference “forward-looking statements” within the meaning of Section 27(a) of the Securities Act of 1933 and Section 21(e) of the Securities Exchange Act of 1934, including certain information with respect to plans and strategies of each featured company. For this purpose, any statements attributable to this site that are not statements of historical fact may be deemed to be forward-looking statements. Such statements are subject to various risks, uncertainties and assumptions about the featured companies, economic and market factors and the industries and assumptions about the featured companies do business, among other factors. Such statements are in no way guarantees of future performance or actual events. Results may differ materially from those expressed or forecasted by or concerning the featured companies due to a great many factors.
- Investments. MarketBeat’s owners, employees and agents may have a present or future financial interest in companies or entities discussed on the Services, including the ownership of shares in publicly traded companies discussed on the MarketBeat.com website, in MarketBeat.com's newsletters and on other websites. As of October 1, 2019, American Consumer News, LLC did not own any publicly traded securities, but Matthew Paulson (the founder of MarketBeat) owned shares of the following publicly-traded municipal bond funds: NZF, BFK, MMU and BBK. Paulson also held a variety of broad-based mutual funds and private equity investments as of October 1st, 2019. You agree that MarketBeat is under no obligation to inform you of any transactions made by any owner, employee or agent, nor is MarketBeat obligated to update the foregoing list. You consent to the potential conflict(s) of interest in our purchase, holding, sale or other transfer of an interest in these and other companies.
- Property. The Services and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by MarketBeat or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content, or the Software, in whole or in part.
- Verification. Never depend solely on the information contained in an Internet publication. The risk of fraudulent information exists with many Internet sites. Click here to read the SEC Publication “Internet Fraud: How to Avoid Internet Investment Scams”.
- Log files. Like many other Web sites, we make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
- Life-time membership. MarketBeat offers a life-time membership option for MarketBeat All Access. MarketBeat defines a life-time membership as the period of time until which MarketBeat or its parent company (American Consumer News, LLC) is sold or ceases operations. If you purchase a life-time membership to MarketBeat All Access, you agree that your subscription will end and that your account will be closed without compensation and without a refund if MarketBeat or its parent company ceases business operations or is sold to another company.
- CONTENT AND DISCLAIMER OF WARRANTIES.
- These Services are provided on an “as is,” “as available” basis, without warranties of any kind, either expressed or implied to the fullest extent possible pursuant to applicable law.
- WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY ,OR OTHERWISE HEREBY DISCLAIM: (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THE SERVICES OR ANY PART THEREOF; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES OR THEIR AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE SERVICES OR ANY INFORMATION PUBLISHED ON THE SERVICES, AND (E) WARRANTIES RELATING TO WEBSITES WHICH THE SERVICES ARE LINKED.
- LINKS. The Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that MarketBeat is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
- SUBSCRIPTION FEES, BILLING, CANCELLATION, AND AUTOMATIC RENEWALS. The Services may include subscriptions or restricted access for which we charge a fee that is billed in regular increments (monthly or annually) in order for registered users to access some of the Services.
- Subscription fees are subject to change. In the event of a change in any subscription fee, a notice regarding the subscription fee change will be sent in an email prior to the effective date of the fee change.
- By subscribing to the Services, you agree that we are permitted to bill you a monthly or annual subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Services. As used in this TOS, "billing" shall indicate a charge against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
- The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each month on the calendar day corresponding to the day after your free trial has ended. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees, taxes and charges are nonrefundable. There will be no refunds or credits for partially used periods, unless required by applicable law or otherwise provided in this Agreement.
- We may change the fees and charges in effect, or add new fees and charges, but we will give you advance notice of these changes by email. If your Payment Method reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, MarketBeat shall have the right to terminate or suspend your subscription and your access to the Subscription Service.
- Your subscription to the Services will be automatically renewed on a monthly or annual basis. We will bill the subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your subscription will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next subscription fee to your Payment Method.
- You may cancel your subscription to the Services at any time, and cancellation will be effective at the end of the month during which you notify MarketBeat of your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR AS OTHERWISE PROVIDED IN THIS AGREEMENT. You may request a cancellation of your subscription at any time by emailing [email protected].
- MarketBeat offers a 30-day money-back guarantee on MarketBeat Premium and MarketBeat All Access Services only. You may cancel either of these services and request a refund by emailing [email protected] within 30 days of the creation of your MarketBeat account.
- MarketBeat reserves the right to discontinue any of the Services at any time, and to cancel your subscription in connection with the discontinuation of the Service or Services; in such event, MarketBeat will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.
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- From time to time, we may send marketing email content to MarketBeat subscribers that have not explicitly opted-out of receiving third-party marketing emails. We may receive compensation for sending marketing email content on behalf of third-party advertisers. MarketBeat does not necessarily endorse the products or services promoted in third-party marketing emails.
- INDEMNITY. You agree to indemnify and hold MarketBeat and its subsidiaries, affiliates, officers, agents, employees, managers, members, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of MarketBeat, your connection to MarketBeat, your violation of the TOS, or your violation of the rights of any third party.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKETBEAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA, SOFTWARE OR OTHER INTANGIBLE LOSSES (EVEN IF MARKETBEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH ANY SERVICES; (iv) LOSS OF DATA OR SOFTWARE, OR (v) ANY OTHER MATTER RELATING TO ANY MARKETBEAT WEBSITE, MOBILE APPLICATION, OR THE SERVICES. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID TO US IN THE PREVIOUS 2 MONTHS. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.
- TRADEMARK INFORMATION. You agree that all of MarketBeat’s trademarks, trade names, service marks and other MarketBeat logos and brand features, and product and service names are trademarks and the property of American Consumer News, LLC (the "ACN Marks"). You agree not to display or use in any manner the ACN Marks.
- CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. MarketBeat respects the intellectual property of others, and we ask all viewers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide MarketBeat with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MarketBeat’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: [email protected]
- JURISDICTION. User understands and agrees: (a) that use of the Services is not intended to and does not create jurisdiction in any state or country other than South Dakota of the United States of America; (b) not to use any Services if the user deems electronic communication as consent to jurisdiction in any other state or country; (c) that the information provided on the Services is not directed towards any specific jurisdiction other than South Dakota of the United States of America; (d) the information provided on the Services was published and maintained from Sioux Falls, South Dakota and (e) all information contained on any MarketBeat Services is deemed "published" when first posted to or sent from our web server(s) or any web server of one of our partners.
- DISPUTES. For claims against MarketBeat relating in any way to use of any of the Services, inquiry, or attempted or actual interaction with MarketBeat or otherwise under this TOS, the following shall apply:
- Any dispute or claim asserted by you shall be submitted to confidential arbitration in Sioux Falls, South Dakota. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. Subject to the last sentence of this paragraph, in any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney's fees. In the event that this arbitration provision is unenforceable or as provided below, any litigation regarding this agreement or any transaction between the customer and MarketBeat shall be brought in the state or federal courts located in Minnehaha County, South Dakota, and you hereby agree and submit to such jurisdiction and venue as exclusive and proper. In the event we are successful in the arbitration or any permitted litigation, MarketBeat shall be awarded its reasonable costs, expenses and attorney fees.
- YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY.
- The entire dispute resolution process, whether formal or otherwise, is confidential. The parties shall participate in the dispute resolution process in good faith.
- Any legal action or claim by Marketbeat.com to protect the ACN Marks or its rights under this Agreement is/are hereby excluded from the Arbitration provisions above; provided that Marketbeat.com may, in its sole discretion, elect to assert any one or more claims in arbitration without waiving its right to assert such claim(s) in a formal legal proceeding (prior to formal disposition of the same in arbitration).
- TITLES. The section titles in the agreement are for convenience only and have no legal or contractual effect.
- GOVERNING LAW. This agreement and the relationship between user and MarketBeat shall be governed by the laws of the state of South Dakota, without regard to its conflict of law provisions. If any provision of this TOS is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
- NO THIRD PARTY BENEFICIARIES; ASSIGNMENT. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries of this agreement. We may assign our rights under this TOS and any other contract with you to a third party on written notice to you; however, in all cases, you agree to obtain our consent prior to your assignment of this Agreement.
- FORCE MAJEURE. MarketBeat shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, server unavailability, failure of any technology hardware or software algorithm or instruction set, or failure of electricity/telephone/internet service.
- MODIFICATIONS; NOTICES. We reserve the right to modify the TOS on notice to you. We may give you notice of such changes through the Services or by posting an updated version of the TOS on MarketBeat.com. In addition, MarketBeat may provide you with notices, including those regarding changes to the TOS, by email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. The effective date of any change in the TOS shall be as provided in notice of such change.
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