PLEASE READ THE TERMS OF USE BELOW
These terms of use are entered into by and between You and Moveable ALpha, LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.MoveableAlpha.com, including any content, functionality, and services offered on or through http://www.MoveableAlpha.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
you affirm that you are over the age of 18, as the website is not intended for children under 18. if it comes to moveable alpha’s attention through reliable means that a registered user is a child under 18 years of age, moveable alpha will cancel that user’s account.
IMPORTANT SECURITIES DISCLAIMER
You understand that no content published on the WEBSite constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the CONTRIBUTORS or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the WEBSite may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the WEBSite will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the WEBSite have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the WEBSite which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that content contributors or their affiliates, may write about securities in which they or their firms have a position, that they may trade for their own account, and that they may or may not be subject to a disclosure policy. In cases where MOVEABLE Alpha becomes aware that one of its CONTRIBUTORS has violated his or her disclosure obligation, MOVEABLE Alpha will take appropriate action. In addition, outside content contributors may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more CONTENT contributors or their affiliates may have a position in the securities they write about.
You understand that performance data is supplied by sources believed to be reliable, that the calculations on our WEBSite 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
From time to time, reference may be made on our WEBSite to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon
All content on the WEBSite is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
THE content on the WEBSite is being provided for information purposes only. The WEBSite does not provide tax, legal, insurance or investment advice, and nothing on the WEBSite should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by MOVEABLE Alpha or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation and for evaluating the merits and risks associated with the use of the information on the WEBSite before making any decisions based on such information or other content. You should consult an attorney or tax professional regarding your specific legal or tax situation
Past performance is no guarantee of future results. Therefore, you should not assume that the future performance of any specific investment or investment strategy will be profitable or equal to corresponding past performance levels. Inherent in any investment is the potential for loss. No recommendation or advice is being given as to whether any investment is suitable for a particular investor. It should not be assumed that any investments in securities, companies, sectors or markets identified and described were or will be profitable. MOVEABLE Alpha is not a fiduciary by virtue of any person’s use of or access to the WEBSite. MOVEABLE Alpha is not a licensed securities dealer, broker or US investment adviser or investment bank
COPYRIGHT, LINING POLICY AND TRADEMARKS
The WEBSite and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and any other content on the WEBSite (“Content”) and the trademarks, service marks and logos contained therein are the property of MOVEABLE Alpha and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the WEBSite, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the WEBSite. MOVEABLE Alpha reserves all rights not expressly granted in and to the WEBSite.
The WEBSite contains links to other Internet websites or links to Content created by third parties which is published on the WEBSite. We neither control nor endorse such other websites or Content, nor have we reviewed or approved any Content that appears on such other websites or on our WEBSite. Please read the terms of use and privacy policy of any such third party WEBsites that you interact with before you engage in any activity. You are solely responsible and liable for your use of and linking to all third party WEBsites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our WEBSite or 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.
If you are interested in reprinting, republishing or distributing content from MOVEABLE Alpha, please contact MOVEABLE Alpha to obtain written consent. MOVEABLE Alpha™ is a trademark and/or service mark of MOVEABLE Alpha or an affiliate. All other trademarks, service marks, and logos used on our websites are the trademarks, service marks, or logos of their respective owners.
THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESES TERMS OF USE.
CANCELLATIONS AND REFUNDS
Moveable Alpha subscription service can be canceled at any time via the Account portal which is accessible in the Menu by Members. No further charges will be made upon cancellation. However, no refunds or credits will be offered for partially used subscription periods. Service will terminate at the end of the already paid-for billing cycle.
We strive to provide enough content that any would be subscribers can properly familiarize themselves with our content prior to signing up. As a digitally delivered product, allowing refunds once access to content has been granted allows for the abuse of access at little to no cost which is unfortunately common in Our industry. Similarly, we do not offer free trial periods. We thank you for understanding.
If choosing to upgrade to a higher tiered service, any already paid amounts will be prorated to the new subscription and there is no double charging.
REPRESENTATIONS AND WARRANTIES
THE WEBSITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOVEABLE ALPHA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY OR COMPLETENESS OF ANY INFORMATION ON OUR WEBSITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to yoU.
MOVEABLE ALPHA AND ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE WEBSITE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MOVEABLE ALPHA OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, SPONSORS, INFORMATION PROVIDERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
NEITHER MOVEABLE ALPHA NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE WEBSITE ARE LIABLE FOR LOST PROFITS, LOST SAVINGS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH MOVEABLE ALPHA. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF MOVEABLE ALPHA, ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE WEBSITE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MOVEABLE ALPHA FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
INDEMNIFICATION
aS A condition of your use of the WEBSite, you agree to indemnify, defend and hold us, our officers, directors, employees, agents, representatives, information providers, and any other third party involved in or related to the making or compiling of the WEBSite harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TERMS OF USE; (b) your use or any third party’s use of, or inability to use, the WEBSite; (c) your violation of the rights of any third party, or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the WEBSite.
TERMINATION
You understand and agree that MOVEABLE Alpha may, under certain circumstances and without prior notice to you, terminate your access to and use of the WEBSite. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TERMS OF USE or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.