Terms and Conditions ("Terms")
Last updated: May 09, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.marketpsychinsights.com website (the "Service") operated by MarketPsych Insights LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
BY CHECKING THE CHECKBOX, YOU FURTHER REPRESENT, WARRANT AND COVENANT THAT: (1) YOU ARE A MARKETPSYCH INSIGHTS LICENSEE CURRENTLY AUTHORIZED BY SUCH LICENSEE (AS DEFINED BELOW) TO USE THE MARKETPSYCH INSIGHTS APPLICATION HEREUNDER; (2)
YOU ARE A FINANCIAL/INVESTMENT PROFESSIONAL AND YOU HOLD YOURSELF OUT AS SUCH; (3) YOU WILL NOT HOLD OUT MARKETPSYCH INSIGHTS (AS DEFINED AT SECTION 1) OR ANY OF ITS AFFILIATES, AS AN "INVESTMENT ADVISER," AS SUCH TERM IS DEFINED IN THE U.S. INVESTMENT
ADVISERS ACT OF 1940 ("ADVISERS ACT") OR ANY OTHER SIMILAR LAW, RULE OR REGULATION IN ANY JURISDICTION IN WHICH THE PRODUCT IS ACCESSED, USED OR DISTRIBUTED BY YOU; (4) YOU ASSUME AND MAINTAIN ALL SUITABILITY AND OTHER RESPONSIBILITIES FOR YOUR
CLIENTS AS IS OR MAY BE REQUIRED BY LAW OR PROFESSIONAL LICENSURE; AND (5) YOU WILL LIMIT DISTRIBUTION OF THE PRODUCT (OR ANY PORTION THEREOF) TO THOSE INDIVIDUALS PROVIDED HEREIN.
YOU FURTHER REPRESENT, WARRANT AND COVENANT THAT, IF YOU PROVIDE TO ANY PERSON ANY PRODUCTS OR SERVICES IN CONNECTION WITH YOUR USE OF THE PRODUCT HEREUNDER THAT COULD REASONABLY BE CONSTRUED AS "INVESTMENT ADVICE" UNDER THE TERMS OF THE ADVISERS ACT OR ANY OTHER SIMILAR LAW OR REGULATION IN ANY JURISDICTION IN WHICH YOUR COMPANY IS LOCATED OR IN WHICH YOU PROVIDE ANY SERVICES OR IN WHICH YOU ACCESS, USE OR DISTRIBUTE THE PRODUCT AND, IF YOU ARE NOT OTHERWISE EXEMPT FROM THE REGISTRATION REQUIREMENTS
THEREIN, YOU WILL ACT AS THE "INVESTMENT ADVISER" TO THAT PERSON AND COMPLY WITH ALL APPLICABLE LAWS AND OBLIGATIONS RELATED TO THAT ROLE.
EACH TIME YOU ACCESS OR USE THE WEBSITE OR THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THEM. IF YOU DO NOT OR CANNOT AGREE TO BE BOUND BY ANY OF THE PROVISIONS OF THESE TERMS
OF SERVICE (OR IF YOU ARE LEGALLY INCAPABLE OF BEING BOUND), PLEASE EXIT FROM THE WEBSITE AND DISCONTINUE ANY USE OF THE SERVICES.
- The Product Licensed. The term "Product" shall mean the computer programs, Internet web pages, data, analyses, screens, manuals and other information of any kind that are housed on, or accessible through, the MarketPsych Insights application,
which application will be located on a website at the URL: http://MarketPsychInsights.com ("MarketPsych Insights Web Site") as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein. Without
limiting the generality of the foregoing, the MarketPsych Insights Product shall include: (i) a database of data and analyses, and updates thereto, accessible via the MarketPsych Insights Application by means of a subscription paid for by the
below-defined Licensee and/or otherwise made available to Users through a non-revenue user license (the "Database"); (ii) the format and organization of information entered by a user of the Product, and the integration of such information with
the Database (the "Product Format"); (iii) the HTML code, Java code, Ruby code, ASP scripts, text, help screens, CGI scripts, other computer programs and associated documentation that provide a graphical user interface and system to store, process,
retrieve and output information contained in either or both the Database and the Product Format (the "Programs"); (iv) the format and organization of information output by the Product; and (v) Internet web page reports, spreadsheets, graphs,
charts, tables, documents and other materials, whether in printed, electronic or any other form, that contain copies of all or part of the Database or Product Format, together with any works derived from such materials ("Product Output").
- The term "Licensee" shall mean the person, whether an individual or entity, that is responsible for subscribing to, and paying for, the license to use the Product hereunder through a Separate Agreement. For absence of doubt, the Licensee may
be denominated as the Subscriber, the Licensee or otherwise in that Separate Agreement.
- Authorized User. The term "Authorized User" shall mean an individual for whom Licensee has paid the necessary licensing fees and whom the Licensee permits to access or otherwise use the Product by providing that individual with a separate user
name and password for access to the Product. An Authorized User must be the Licensee (if an individual) or a partner, employee or agent of the Licensee.
- The term "User" shall mean an individual who is the Licensee, any Authorized User and/or any other third party who accesses or uses the Product hereunder.
- The term "Recipient" shall mean an individual who receives Product Output provided however, that Recipient does not include financial representatives providing investment advice to Clients.
- The term "Client" shall mean any individual or entity to whom the Licensee or Authorized User sells or is proposing to sell proprietary financial products or services. Client does not include any individual that acts as an Asset Manager except
in the case where Licensee and Client have an advisor/subadvisor relationship.
- MarketPsych Insights. The term "MarketPsych Insights" shall mean the MarketPsych Insights entity through which the Product is licensed and made available hereunder in any particular jurisdiction. The term "MarketPsych Insights" shall mean the
following entities in the following jurisdictions: 1) United States, MarketPsych Insights LLC; the terms, "we" or "us" shall be deemed to refer to "MarketPsych Insights LLC" in all cases.
- Account Registration and Policies
- By completing the registration process, you may establish an account ("Account") and register as a MarketPsych Insights Subscriber ("Subscriber"), and you may access and use the Website and the Services commensurate with your membership level/selections.
The Services may include the receipt by you of email newsletters, alerts, and other communications issued by the Company. As part of the registration process, a login ID and password will be assigned to your Account that you must use to access
the Services. You are solely responsible for all activity on your Account and for the security of your computer system and access credentials. You may not reveal, transfer or sell your Account login ID or password to any other person. If your
company/employer has entered into an enterprise services agreement, some restrictions in these Terms of Service may not apply to you.
- Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the
type of subscription plan you select when purchasing a Subscription.
- At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or MarketPsych Insights LLC cancels it, as set forth herein. You may cancel your Subscription renewal either through your online account management
page or by contacting MarketPsych Insights LLC customer support team.
- A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide MarketPsych Insights LLC with accurate and complete billing information including full name, address, state, zip code,
telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize MarketPsych Insights LLC to charge all Subscription fees incurred through your account to any such payment instruments.
- Should automatic billing fail to occur for any reason, MarketPsych Insights LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period
as indicated on the invoice.
- Fee Changes
- MarketPsych Insights LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
- MarketPsych Insights LLC will provide you with prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. If notice is not given at least 72 hours prior to the
effective change, user may cancel and receive refund by notifying MarketPsych Insights LLC within 72 hours after the increase in billing.
- Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
- Except as set forth above, refund requests for Subscriptions may be considered by MarketPsych Insights LLC on a case-by-case basis and granted or denied in sole discretion of MarketPsych Insights LLC.
- When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on the Service.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions
that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You
may not use as a username any name that is offensive, vulgar or obscene.
- Intellectual Property
- The Service and its original content, features and functionality are and will remain the exclusive property of MarketPsych Insights LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States
and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MarketPsych Insights LLC.
- Strict prohibition on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Website, any of the Services, or any other material available in connection with the Services. You agree not
to circumvent, undermine, bypass or attempt to circumvent any security measures associated with the Website and/or the Services.
- The Content is produced without regard to individual levels of sophistication or investment experience, and without regard to the suitability of individuals who may access the content. You understand and agree that the Content does not constitute
a specific recommendation of any particular investment, security, portfolio, transaction, or strategy, nor that any specific course of action is suitable for any specific person. You understand and agree that no Company analysts or other personnel
shall advise you with regard to your investments, and you therefore agree that you shall not attempt to contact the Company or any Company personnel seeking personalized investment advice. You further understand and agree that all Content
is impersonal and not tailored to any specific investment needs and suitability requirements, including yours.
- You understand and agree that the views expressed in the Content are opinions of the authors; that the Company does not instruct its employees which opinions to hold; that the opinions of one Company employee may differ from the opinions held
on the same topic by another employee, or may change without notice. You understand and agree that past results are not indicative of future performance.
- You understand and agree that the opinions expressed in the Content are derived from sources generally believed to be reliable, but that the Company is not liable for any errors, omissions, or incomplete or out of date information in the Content.
- You hereby agree not to:
- Infringe upon the intellectual property rights of the Company or any third party.
Alter or cancel another Member's Account, or attempt to do so.
- Impersonate another person, indicate that you are a Company employee, or attempt to mislead Members or guests by indicating that you represent the Company or any of the Company's licensors or affiliates.
- Attempt to get a login ID, password, or other Account information, or any other private information from a Member.
- Engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software for the purpose of accessing the Website, the Services, or Content.
- Modify, delete or create derivative works of the Website, the Services, or Content, or any part thereof.
- Remove or alter any legal notice, including any copyright management information, or any other notice or name or mark of the Company or its suppliers that appears in or is affixed to the Website or any of the Services.
- Interfere with, hack into or decipher any transmissions to or from the servers running the Website or the Services.
- Do anything that interferes with the ability of other Members to access and use the Website and the Services or that adversely affects the Website, the Services or the Company's business.
- Use information provided on or in connection with the Website or the Services for any purpose that is not authorized by a license or permission granted by the Company herein.
- Perform any acts which violate any applicable laws or regulations in connection with the manner of your access or use of the Website and/or the Services.
- Links To Other Web Sites
- Our Service may contain links to third party web sites or services that are not owned or controlled by MarketPsych Insights LLC.
- MarketPsych Insights LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their
- You acknowledge and agree that MarketPsych Insights LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or
services available on or through any such third party web sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
- We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
In the event of termination, a refund or prorated refund may be provided by request at the discretion of MarketPsych Insights LLC.
- All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- You agree to defend, indemnify and hold harmless MarketPsych Insights LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. If you fail
to provide a defense satisfactory to the Company, the Company may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
- Choice of Law and Venue
- The laws of the state of California will govern any dispute arising from or relating to this Agreement. The parties submit to the jurisdiction of the state of California and federal district courts for or in Los Angeles, Orange County, California,
and agree that any legal action or proceeding relating to this Agreement may be brought in those courts.
- Warranty and Disclaimer of Warranty
- MarketPsych Insights warrants that it will make commercially reasonable efforts (or their equivalent under applicable law) to ensure that the Product is free of viruses and damaging or disabling code, errors or other defects. MarketPsych Insights
will also make commercially reasonable efforts to correct any correctable errors or defects in the Product within a reasonable amount of time.
EXCEPT AS OTHERWISE EXPLICITLY PROVIDED HEREIN, THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. AUTHORIZED USER ACKNOWLEDGES FOR ITSELF AND ALL USERS
ACCESSING THE PRODUCT THROUGH IT THAT, BECAUSE OF THE NATURE OF SOFTWARE AND THE INTERNET, THE PRODUCT MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION TRANSMITTED OVER THE INTERNET (INCLUDING, BUT NOT LIMITED TO, DATA UPDATES, THE PRODUCT
OUTPUT AND THE PRODUCT FORMAT) MAY BE SUBJECT TO THIRD PARTY INTERCEPTION AND MODIFICATION. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, MARKETPSYCH INSIGHTS DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. NEITHER MARKETPSYCH INSIGHTS
NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE PRODUCT. EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, NEITHER MARKETPSYCH INSIGHTS NOR ITS AFFILIATES (COLLECTIVELY, "MARKETPSYCH
INSIGHTS PARTIES") NOR THEIR CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE PRODUCT OR THE INFORMATION CONTAINED THEREIN. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. MARKETPSYCH
INSIGHTS SHALL NOT BE CONSIDERED AN "EXPERT" UNDER THE U.S. SECURITIES ACT OF 1933 OR ANY OTHER SIMILAR LAW OR REGULATION IN ANY JURISDICTION IN WHICH THE PRODUCT IS ACCESSED, USED OR DISTRIBUTED. ANY INFORMATION PROVIDED SHOULD NOT BE CONSTRUED
AS A SOLICITATION, ENDORSEMENT OR RECOMMENDATION TO BUY OR SELL A SECURITY. THE INFORMATION CONTAINED IN THE PRODUCT SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR ANY OTHER TYPE OF ADVICE. IT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
MARKETPSYCH INSIGHTS DOES NOT WARRANT THAT THIS PRODUCT COMPLIES WITH THE SECURITIES LAWS OF ANY JURISDICTION OR WITH THE REQUIREMENTS OF THE FINRA OR ANY OTHER REGULATORY BODY IN ANY JURISDICTION IN WHICH THE PRODUCT IS ACCESSED OR USED.
- Compliance with Regulations
- User is solely responsible - either by itself or through Licensee - for obtaining appropriate regulatory approval of any Product Output to the extent necessary. User understands and agrees that (i) certain personally-identifiable information
of User or Clients may be processed in the United States to enable MarketPsych Insights to fulfill its obligations hereunder and (ii) in providing such personally-identifiable information to MarketPsych Insights, User consents to such transfer
and processing and agrees that, as between itself and MarketPsych Insights, User is solely responsible for complying with any rules or regulations applicable to such transfers. For absence of doubt, unless an applicable Subscription Form or
Separate Agreement expressly provides otherwise, MarketPsych Insights's role in the handling of any such personally-identifiable data is strictly limited to that of being a data processor for and on behalf of Licensee.
- No Investment Advice
- The User acknowledges and agrees that MarketPsych Insights does not provide investment advice (as defined in the applicable jurisdiction(s)), that nothing within the Product constitutes such investment advice and that the User will not treat
any Product Output as investment advice or make any representation to any third party to that effect. User further acknowledges and agrees that; (i) MarketPsych Insights does not recommend any financial product accessed through or analyzed by
the Product; (ii) MarketPsych Insights does not recommend that any particular financial product should be bought, sold or held by the User or any Clients; (iii) nothing within Product should be construed as an offer, or the solicitation of an
offer, to buy or sell securities by MarketPsych Insights; and (iv) nothing within the Product is intended to be or to be treated as an inducement or invitation to engage in any kind of investment activity.
- Limitation Of Liability
- In no event shall MarketPsych Insights LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits,
data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service;
and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage,
and even if a remedy set forth herein is found to have failed of its essential purpose.
- Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, non-infringement or course of performance.
- MarketPsych Insights LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the
Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
- Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
- Governing Law
- These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain
in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined
at our sole discretion.
- By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
- Contact Us
- If you have any questions, concerns, or comments regarding these Terms of Service, or have other questions or suggestions about our Website or the Services, you may contact us via email at [email protected].