Terms & Conditions
Equity Mark Capital, at our discretion, provides you with services including, but not restricted to, news and information services. You agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions of Access and elsewhere in our services. These services may be outside our control or provided by a third party in which in case we cannot take responsibility for their content, any delays, interruptions, or errors in the provisions of these additional services, provided we have exercised reasonable care and diligence in the selection of such providers.
Certain data accessible within our services are the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws, and all ownership rights remain with the information service provider, the third party, or us, as the case may be.
You may only use the data retrieved from our services for your own personal, and non-commercial, purposes. Such use will be in accordance with these Terms and Conditions of Access and the requirements set out elsewhere on our services. You may not copy, distribute, or redistribute the data, including caching, framing or similar means, sell, resell, retransmit, or otherwise make the data retrieved from our services available in any manner to any third party. You may not store the data for the purposes of creating a historical database or historical data product. You may not use any of the data in connection with the issuance, trading, marketing, or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return, and/or performance of the investment product is based on or related to the data) without a separate written agreement with us, the information service provider, or third party, as the case may be, that has ownership rights to the data (e.g. Dow Jones & Company, Inc., S&P, etc.).
The data is provided “as is.” Equity Mark Capital, any information service provider, or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect, or consequential arising from (i) any inaccuracy or incompleteness, delays, interruptions, errors, or omissions in the delivery of the data or any other information supplied to you through our services; or (ii) any decision made or action taken by you or any third party in reliance upon the data. Nor shall we, any information service provider, or any third party be liable for loss of business revenues, lost profits, or any punitive, indirect, consequential, special, or similar damages whatsoever, whether in contract, tort, or otherwise, even if advised of the possibility of such damages incurred by you or any third party.
Where the information consists of pricing or performance data, the data contained therein have been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party, us, or any affiliates and may not be complete. Neither we, any information service provider, nor any third party give any warranties as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, title, of any information for a particular purpose or use, and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet.
Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your orders. You acknowledge that neither we, any information service provider, nor any third party will be liable to you or any third party for any losses arising from such delay.
In no event will we, any information provider, or third party be liable for any consequential loss including but not limited to special, incidental, direct, or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your computer, software, modem, telephone, or other property resulting from your use of our services.
Changes to the TOS and Our Services
We reserve the right at any time to:
- Change the terms and conditions of the TOS;
- Change all or any portion of the services, eliminating or discontinuing any content or feature of the services (including but not limited to adding or removing particular columnists, ceasing to provide access to a premium service, and/or providing an alternative premium service to you as a replacement), and/or ceasing to provide third party content; or
- Change the fees, charges, or other conditions for use of the services (with reasonable notice, in our sole discretion).
Any changes we make to the TOS will be effective immediately after we post the modified TOS on EquityMarkCapital.com. In the event that you have the TOS cached on your browser, the TOS that applies to you is the most recent version of the TOS that appears on a non-cached browser. In addition, if a premium service is added, removed, or the terms of their engagement has changed, the TOS may be modified with respect to such premium service. You should check our TOS frequently.
Important Disclaimer Regarding the Information We Provide
EquityMarkCapital is a publisher. You understand that no content published as part of the services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our services or their affiliates will advise you personally concerning the nature, potential, value, or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy, or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the services are the authors’ own opinions. The services may contain opinions from time to time with regard to securities mentioned in other services, and that those opinions may be different from those obtained by using another portion of the services. Trading in securities (including, without limitation, stocks, options, ETFs, and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that, although we do not permit our editorial staff to hold positions in securities in individual companies other than securities of EquityMarkCapital, from time to time, one or more outside contributors or their affiliates may have a position in the investment or securities written about. In cases where the position is held at the time of publication, outside contributors are required to make appropriate disclosure. In addition, outside contributors may be subject to certain restrictions on trading for their own account. In addition, certain EquityMarkCapital affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities of, or derivatives thereof, companies mentioned in respective services and may take positions inconsistent with the views expressed.
Third party content is not subject to EquityMarkCapital’s investment policy and therefore the preceding paragraph does not apply to third party content, EquityMarkCapital makes no representations regarding third party content, nor is EquityMarkCapital liable for third party content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, you should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our services involve a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
- Performance results for the portfolio do not reflect actual trading commissions that you may incur;
- Performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results;
- The investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from EquityMarkCapital has been commenced, server, delivery delays, and other factors may cause the price you obtain to differ substantially from the price at the time of the alert;
- The prices of investments in the portfolio at the point in time you begin subscribing to the premium service may be higher than such prices at the time such investments were chosen for inclusion in the portfolio;
- You may not have the capital to trade as frequently as the portfolio;
- The size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
Registration and Privacy
In order to gain access to portions of the services, you must become a member by choosing a unique user name, member name, and password and supply us with true, accurate, current, and complete information about yourself, as required on the registration page. We may refuse to grant you a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically, or otherwise objectionable or inappropriate, as determined by us in our sole discretion. 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 receiving 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 form; and (b) maintain and promptly update your registration data to keep it true, accurate, current, and complete.
As a member, you also have certain other obligations relating to your account:
- You may not transfer or resell your use of or access to the services to any third party;
- You are responsible for all activities that occur under your account;
- You are responsible for maintaining the confidentiality of your user name, member name, and password; and
- You agree to notify us at [email protected] if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your user name, member name, or password.
- A maximum of three simultaneous log-ins are allowed per account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (i.e., computers, tablets, mobile devices, etc.).
EquityMarkCapital’s Proprietary Rights
The services and the content distributed through the services, with the exception of any user-generated content (as defined below) and third party content, is the property of EquityMarkCapital and/or its licensors. You may access and use the content, download, and/or print out one copy of any content from the services, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the services. If you choose to submit content for publication through the services, such as guest commentary or guest opinions, such content shall be exclusive to EquityMarkCapital, deemed to be property of EquityMarkCapital, and by submitting such content you irrevocably assign any and all rights to such content to EquityMarkCapital.
Because we host user-generated content as a part of portions of the services and therefore redistribute user-generated content you give us, we need to obtain certain rights in those materials. By posting, sending, or transmitting to us user-generated content, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such user-generated content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the user-generated content. None of the user-generated content disclosed in any part of the services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part, and we shall not be liable for any use or disclosure of any user-generated content.
“EquityMarkCapital.com”, “EquityMarkCapital “, the ” EquityMarkCapital.com Logo”, and certain other marks used on EquityMarkCapital Portfolio of Websites are trademarks and/or service marks of EquityMarkCapital. All other trademarks, service marks, and logos used on EquityMarkCapital Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.
You may not republish, upload, post, transmit, or distribute content available through the services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the services, you agree not to:
- Restrict or inhibit any other visitor from using the services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
- Use the services for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the services or any of our websites;
- “Frame” or “mirror” any content available through the services or any of our websites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, other manual or automatic device, or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the services or any of our websites; or
- Harvest or collect information about users of the services without their express consent.
You also agree that at all times you will:
- Comply with all applicable laws, rules, and regulations in connection with your use of the services and the content made available therein;
- Be responsible for all statements made and acts or omissions that occur on your user account while your password is being used;
- Waive any and all rights against EquityMarkCapital and hold EquityMarkCapital harmless in connection with any claims relating to any action taken by EquityMarkCapital as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOS has occurred, including, but not limited to, the removal of posts or a suspension or termination of your membership account; or
- Maintain and promptly update your registration data to keep it true, accurate, current, and complete.
Links to Other Websites and Viral Links
Your use of certain features and certain third party content made available to you by EquityMarkCapital may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the services. By using any feature you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some third party content and some of the features may have been provided by third parties for your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all third party content, features, and tools provided by third parties is solely at your own risk.
Any sweepstakes, contests, and games that are accessible through our websites are governed by specific rules. By entering such sweepstakes or contests, or participating in such games, you will become subject to those rules.
Content available through the services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You are encouraged to link to the services on any online bulletin board, message board, newsgroup, website, or chat room (“Third-Party Site”). If you elect to display links from our websites on a Third-Party Site, you agree that you will comply with EquityMarkCapital’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to you to link to the website for any reason in our sole and absolute discretion.
EquityMarkCapital hereby grants you the permission to post such links on a Third-Party Site, provided, however, that you comply with the following guidelines:
- You may display only an excerpt of the content not to exceed 75 words that must be followed by a link to the full content of the service;
- You are not permitted to reproduce the entire text of content as it appears on the website;
- You are prohibited from displaying excerpts from the premium service;
- The byline must consist of the name or title of the content and the name of the website. (e.g. “as appearing on EquityMarkCapital”).
Any website that links to EquityMarkCapital Portfolio of Websites must (a) not suggest or imply that we are sponsoring or endorsing such website(s)’s product, unless EquityMarkCapital has given its prior written consent; (b) not use any of our trademarks on such Third-Party Site without prior written consent of EquityMarkCapital; and (c) not display any excerpt of EquityMarkCapital content and link together with content on such Third-Party Site that may be construed as distasteful, offensive, or controversial.
Disclaimer of Warranties
The services, and any content obtained or accessed through the services, including without limitation third party content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible, pursuant to applicable law, EquityMarkCapital, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied, or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness, or completeness of any information available through the services,
EquityMarkCapital and its affiliates, suppliers, agents, and sponsors do not warrant and accept no liability that your use of the services and any content contained therein, including without limitation, third party content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the services or the server(s) on which the services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. EquityMarkCapital and its affiliates, suppliers, agents, and sponsors accept no liability for any software downloaded from the services. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the services, and all charges related thereto. You assume total responsibility and risk for your use of the services and your reliance thereon. No opinion, advice, or statement of EquityMarkCapital or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the site, the content contained therein, and materials provided through the site are entirely at your own risk. EquityMarkCapital and its affiliates, agents, and sponsors will not be liable for any informational errors, incompleteness, delays, or any actions taken in reliance on information contained in the services.
Your correspondence, business dealings with, or participation in promotions of advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that EquityMarkCapital shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on the services.
A possibility exists that content available through the services could include inaccuracies or errors, or materials that violate the TOS. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the services by third parties. Although we attempt to ensure the integrity of our websites and services, we make no guarantees as to the completeness or correctness of any content available through the services. In the event that such a situation arises, please contact us at [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall EquityMarkCapital be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Limitation of Liability
NEITHER EQUITYMARKCAPITAL NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS, OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH EQUITYMARKCAPITAL, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend, and hold harmless EquityMarkCapital, our current and former affiliates, our current and former officers, directors, employees, agents, and representatives, and their successors and assignees from and against any and all liabilities, claims (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with, or incurred as a result of or from (a) your violation of the TOS; (b) your use of the services; (c) your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the services; or (e) any liability arising from your use of the services including any user-generated content you create.
EquityMarkCapital reserves the right to restrict, suspend, or terminate your use of, and registration on, any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to you, and without liability or further obligation of any kind whatsoever to you or any other party. EquityMarkCapital reserves the right to terminate your access to any portion of the services and, in some cases, in the sole discretion of EquityMarkCapital,
You may terminate your user account, user name, member name, any associated email address, and access to the services by submitting such termination request to us.
The services are directed solely to individuals residing in the United States. We make no representation that materials provided through the services are appropriate or available for use in other locations. Those who choose to access the services from other locations do so on their own initiative, at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
You are responsible for promptly paying all fees associated with your use or purchase of the services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to EquityMarkCapital’s net income) related to the services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase. The TOS, together with all EquityMarkCapital policies referred to herein, constitutes the entire agreement between you and EquityMarkCapital relating to your use of the services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between you and EquityMarkCapital. The TOS and the relationship between you and EquityMarkCapital are governed by, and construed in accordance with, the laws of the State of New York, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction; and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and EquityMarkCapital agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, waive any jurisdictional venue, or inconvenient forum objections to such courts, and such courts shall have the sole and exclusive jurisdiction over any action, suit, or other proceeding arising out of, or relating to, these TOS, other than any action, suit, or other proceeding arising from a breach of customer data. You and EquityMarkCapital agree that any action, suit, or other proceeding arising from a breach of customer data will be submitted to binding arbitration for resolution. Such arbitration shall take place in New York City, New York, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at that time. If any provision of the TOS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in the TOS is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOS.