Market Savvy » Terms of Service

MarketSavvy.net – Terms of Service

Effective Date: December 23, 2008

Section I – Use

(A) Use of the Site is void where prohibited. By using the Service or the Site, you represent and warrant that you are 18 years of age or older, and that you agree to and abide by all of the Terms and Conditions of this Agreement.

Section II – Definitions

(A) “Agreement” shall be defined as all content within this document; and may also be referred to as any of the following: “Terms of Use,” “Terms of Service,” or “Terms.”

(B) “You” shall be defined as any user of www.MarketSavvy.net, MarketSavvy’s Products, MarketSavvy’s Services, and/or MarketSavvy’s Forums, for any reason or in any manner; and may also be referred to as any of the following: “your,” “customer,” “visitor,” “user,” or “guest.”

(C) “MarketSavvy.net” shall be defined as this website (http://www.marketsavvy.net and any sub domains, folders, files, pages, content, etc. therein) and/or MarketSavvy.net’s constituents (employees, contractors, vendors, volunteers, or any computers or machines used by MarketSavvy.net); and may also be referred to as any of the following: “MarketSavvy,” “Site,” “us,” “our,” “we.”

(D) “Terms and Conditions” shall be defined as all content solely within this document. “Terms and Conditions” within this document shall not apply to the content of the MarketSavvy Privacy Policy or the MarketSavvy Disclaimer.

(E) “Disclaimer” shall be defined as the document at the following location: (http://www.marketsavvy.net/policies/disclaimer/). The Disclaimer shall not be governed by this Terms policy; however your agreement of the Disclaimer is required by this Terms policy.

(F) “Privacy Policy” shall be defined as the document at the following location: (http://www.marketsavvy.net/policies/privacy). The Privacy Policy shall not be governed by this Terms policy; however your agreement of the Privacy Policy is required by this Terms policy.

(G) “User Content” shall be defined as any user name information, user profile information, user-submitted information, and any other information stored on the Site or MarketSavvy.net servers.

(H) “Forum” shall be defined as the section of MarketSavvy.net that is designed for the discussion of MarketSavvy.net Services and Site Materials, this includes inquiries, evaluations, ideas, etc.

(I) “Service” shall be defined as all services MarketSavvy has to offer, including, but not limited to, anything owned and/or operated by MarketSavvy, and any product or service offered by MarketSavvy for use, subscription or sale.

(J) “Limited License” shall be defined as a non-exclusive, non-transferable, license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user.

(K) “Additional Terms” shall be defined as: (a) a separate Privacy Policy, (b) a separate Disclaimer, and/or (c) any specific guidelines, restrictions, or rules placed on the Site, Forums, or Services.

(L) “Effective Date” shall be defined as the date specified directly below the title of this document.

(M) “Site Materials” shall be defined as any content or Service that is of, or has, any relation to MarketSavvy. Unless otherwise specified in writing on the Site, all materials that are part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site, such as downloads, products, and services, shall be defined as Site Materials; and may also be referred to as any of the following: “Content” or “Materials.”

(N) “Inappropriate Content” shall be defined as any content that is nasty, insulting, sexually explicit, threatening, racist, disrespectful of any religions, information intended to promote illegal acts, information provided with the intention of promoting illegal acts, promotional materials or information for products or services not pertaining to MarketSavvy’s products or services, harmful or malicious code, links to any such materials (including, but not limited to, virus programs, worms, trojans, Adware, Malware, etc.), content that is intended to stretch/damage/disrupt the Site pages, “spamming” (posting the same thing multiple times), and/or abusing the Forum or Site by any other methods or actions.

(O) “Violation” shall be defined as any breach of this Agreement and any action(s) taken against the violating user may be done at the sole discretion of MarketSavvy. These actions include, but are not limited to, user account removal (whether permanent or temporary), User Content removal, or any other action(s) deemed necessary by us and MarketSavvy will not be liable for any losses due to such punitive action(s).

(P) “Illegal” shall be defined as anything that is not legal in the laws of the United States of America and/or any of the laws within its States (including Hawaii, Puerto Rico, the Philippines, etc.).

(Q) “Parties” shall be defined as any affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees, or licensors that have any relation to MarketSavvy.

(R) These definitions (in Section II of this Agreement) shall apply to the Disclaimers, Privacy Policies, and any other policies, agreements or legal documents available on the Site or through any Service available from MarketSavvy.

Section III – License Agreement

(A) This Agreement is between you and MarketSavvy and establishes the Terms and Conditions applying to your use of MarketSavvy (regardless of method of access, and/or use, such as personal computers, mobile devices or otherwise) and other interactive features or downloads (e.g., videos) accessible or downloadable via, or related to, MarketSavvy, and any Services offered by MarketSavvy. Subject to the Terms and Conditions, and your acceptance of them, MarketSavvy agrees to grant, and you agree to take, a Limited License. Without limiting the foregoing, you agree not to use the contents of Service for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Service to any other person or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder. MarketSavvy reserves the right to modify the Limited License granted in this section and the restrictions described in these Terms of Use in writing on the Site, including, without limitation, by charging fees therefore and/or making certain features available through the Site that may invite you to use the Site Materials in a manner not described in these Terms of Use. MarketSavvy may add, change, discontinue, remove, or suspend any of the Site Materials at any time, without notice and without liability.

(B) If you do not understand and accept these Terms of Use, do not use the Service. Your use and/or continued use of the Service shall be deemed to constitute your acceptance of these Terms of Use and all of MarketSavvy’s policies, disclaimers, and restrictions related to the Service and Site, as they may change from time to time. In some instances, both the Terms of Use and the Additional Terms may apply to a Service offered via the Site. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

(C) Please review the Site’s Privacy Policy (http://www.marketsavvy.net/policies/privacy) which explains our information collection practices, such as the types of information MarketSavvy collects from visitors/customers to the Site, or for a Service, and how we may use that information.

Section IV – Basics

(A) Please carefully read these Terms of Use before using this Site and/or Service, as use of the Site and/or Service is conditional upon acceptance of these Terms of Use, which affect your legal rights and obligations, including mandatory consent to arbitration of disputes. Do not use this Site and/or Service if you do not agree to all content.

(1) It is important that you read all of these Terms of Use. However, the following is a list of basic requirements.

(i) Use of the Site constitutes acceptance of these Terms of Use and Additional Terms.

(ii) Check the Effective Date regularly as the Terms of Use are subject to, and might, change.

(iii) These Terms of Use require you to agree to arbitrate disputes rather than going to court, grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you.

(iv) You must be eighteen (18) years of age or older to use the Service.

(v) Content you submit on the Site, or Forums, is owned by you and you are fully responsible for all such content. You grant us and other users the right to freely use/utilize such content.

(vi) Your use of Material whether on-Site or off-Site is limited by these Terms of Use.

(vii) If you believe any Materials on the Site infringe your rights, you may give us notice by contacting us (http://www.marketsavvy.net/contact).

(viii) You may not use the Site, or content created thereon, or Service, or content created therein, for commercial purposes.

(ix) Your use of the Site and Service is “as is”, without warranty, and will result in no liability to MarketSavvy or its constituents.

(2) The following is a summary of specific use requirements and restrictions.

(i) The information, downloads, software, videos, etc. on the Site are for your personal use only. You can’t sell them, give them to anyone, trade them for anything or pretend you made them. All such Content is original and copyrighted to MarketSavvy.net.

(ii) All MarketSavvy User Content in or on the Forums is created by our users and not by MarketSavvy. If you post any Inappropriate Content we have the right (but not the obligation) to delete it from the Forum with or without notice and the right to freeze or close your Forum account with or without notice and permanently, at our discretion. This rule also applies to inappropriate user names. Do not create user names that contain Inappropriate Content. If you are reported to MarketSavvy for asking for another user’s password or personally identifiable information, for any reason, your account may be frozen or terminated at our discretion, with or without notification to you. If you see anything inappropriate on the Forum please contact MarketSavvy immediately and report the incident (please supply proof of such an incident; e.g. screenshot).

(iii) By creating a MarketSavvy user name and user profile, by posting on the Forums, or sending us comments or User Content, you are agreeing that MarketSavvy may use your User Content elsewhere on our Site and/or Service, in our advertising, or in any media or manners (now or hereafter including, without limitation, in connection with web sites, television programs, motion pictures, merchandising, marketing, and advertising), without a royalty or payment of any kind to you. So, this means we may use your submitted content, and/or User Content, as we choose and for as long as we deem necessary.

(iv) You understand that MarketSavvy may supervise the Forums and filter, edit, and remove content at our discretion.

(v) You understand that all purchases of MarketSavvy products and/or any Services sold on the Site are final and non-refundable (after three (3) days as described in Section VII).

(vi) No one from MarketSavvy will ever ask you for your password. If someone does ask for your password, or for any other sensitive information that you are not fully comfortable with giving out, please report them to us (http://www.marketsavvy.net/contact).

Section V – Further Agreement

Section VI – Ownership

(A) The Site Materials are owned, controlled or licensed by MarketSavvy.net and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the Site Materials is governed by these Terms of Use. The entire contents of the Service (including the Site Materials) are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. MarketSavvy.net owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to MarketSavvy.net. Third-party content providers own the copyright in content that is original to them. MarketSavvy.net are trademarks and service marks of MarketSavvy.net. All rights are reserved. All other trademarks and service marks appearing on the Service, or Site, are the property of their respective owners, including, in some instances, MarketSavvy.net. All rights are reserved. Use of any of our trademarks, service marks or names as “meta-tags” on other web sites is prohibited. You may not display our Service or Content anywhere without express written permission from MarketSavvy.net., Inc. (e-mail requests using this contact form: http://www.marketsavvy.net/contact).

(B) You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the Content of the Service (including the Site Materials other than your own User Content), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit Materials which you acquire from the Service, except as expressly permitted herein, without the express prior written permission of MarketSavvy.net and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights (including any rights to license such material) by downloading Materials from the Service or by purchasing any products or Services from MarketSavvy.net., Inc.

Section VII – Purchases

(A) Purchases of Services from MarketSavvy require your agreement to supply us with your e-mail address and Trade Station customer ID number. It is solely your responsibility to ensure that the e-mail and ID number is valid and is owned by you. MarketSavvy shall not be held liable, accountable or responsible for any errors, misplacements, incorrect delivery of information, or any other results that may occur because of any incorrect information sent to us by you. This includes, without limitation, any incorrect e-mail address information, or any incorrect Trade Station customer ID number. You understand and agree that you will supply the foregoing information to MarketSavvy only if you own the e-mail address and Trade Station customer ID number.

(B) Upon purchasing a Market Savvy.net subscription, your card will be charged for the full amount of the selected subscription price. Market Savvy.net provides a thirty (30) day refund policy from the date that you receive your subscription system files or, in the case of auto-trade customers, from the date that your auto-trade account is funded. Your card will be refunded for the amount charged minus a $199.00 setup fee. To cancel your subscription and request a refund, please contact sales@marketsavvy.net within the required thirty days. You will receive updated Market Savvy System files thirty (30) days after purchasing the subscription. Please be aware that Market Savvy.net has no recourse beyond this action and therefore cannot refund your subscription after 30 days. You agree to provide us with your Trade Station customer ID number which will be hard-coded into your software files to run only on your Trade Station account. Your thirty (30) day trial begins from the date the software files are e-mailed to you with the MarketSavvy System files to install. You must include your Trade Station ID number in the Site’s purchase form or Contact us at sales@marketsavvy.net so that we can start your trial subscription; you have up to thirty (30) days from the date on the purchase form to inform us of your Trade Station customer ID number. The subscription is its own product and the software files constitute the entirety of the subscription service. We will from time to time send out help files and educational resources that can assist you in the use of the software; these may include text, audio or video files, articles, e-mail instructions and research resources, all of these are for educational purposes only and are not prepared with anyone’s specific financial situation in mind. None of these educational resources constitute part of the subscription agreement and may be cancelled or changed at any time.

(C) You further agree and understand that MarketSavvy has no recourse once the yearly subscription files are e-mailed to you with the expiration date for one year. This will take place three (3) days after your thirty (30) day trial has expired. There can be therefore no refund beyond that point as the subscription becomes yours and MarketSavvy no longer has any control over its use.

Section VIII – Disputes with Other Users

(A) You are solely responsible for your interaction with other users that you come in contact with through the Site and/or Forum. However, we reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site and/or Forum. If you have a dispute with other users, you release MarketSavvy and the Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Section IX – Forum Monitoring

(A) You acknowledge that you do not rely on MarketSavvy to monitor or edit the Forum and that the Forum may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content. Please bring any Inappropriate Content or user behavior to our attention by contacting us (http://www.marketsavvy.net/contact).

Section X – Additions, Alterations, Changes

(A) MarketSavvy.net has the right, at any time, to make any of the following alterations.

(1) Add, alter, change or discontinue the Site and/or Service, or any aspect or feature of the Site and/or Service, including, but not limited to, Content, financial terms, availability and equipment needed for access or use.

(2) Impose, change or modify and of its policies applicable to your use of the Service and/or Site, or any part thereof.

(3) Impose, change or modify the Terms and Conditions of these Terms of Use.

(B) Any such alterations shall be effective immediately upon notice by posting the changes on MarketSavvy.net’s Forum or by any other method of notice MarketSavvy deems appropriate or is capable of.

(C) Any use of the Service and/or Site by you after notice of any alterations and/or changes, constitutes acceptance by you of such alterations and/or changes.

Section XI – External Locations / Linking

(A) The Service and/or Site may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the internet. You agree that MarketSavvy.net is not responsible for the availability of these external locations or the content thereon, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, or illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to Inappropriate Content. You agree that MarketSavvy.net shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against MarketSavvy.net. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster; if you have concerns about our linking to external locations please contact us (http://www.marketsavvy.net/contact).

Section XII – Indemnification

(A) You agree to defend, indemnify and hold harmless MarketSavvy.net and its Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or Site and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Use. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

Section XIII – Equipment and Access

(A) You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment (including, but not limited to, a Trade Station or other broker account when/where applicable) needed for access to and use of the Service and you shall be responsible for all charges related thereto.

Section XIV – Governing Law/Waiver of Injunctive Relief

(A) This Agreement and all aspects of the Service and/or Site shall be governed by and construed in accordance with the internal laws of the United States and the State of Texas governing contracts entered into and to be fully performed in Texas (i.e., without regard to conflict of legal provisions) regardless of your location. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Montgomery County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to, venue and jurisdiction in the state and federal courts located in Montgomery County, Texas. You acknowledge that the rights granted and obligations made hereunder to MarketSavvy.net are of a unique and irreplaceable nature, the loss of which shall irreparably harm MarketSavvy.net and which cannot be replaced by monetary damages alone so that MarketSavvy.net shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any). You agree that any suit, action or proceeding arising out of or relating to these Terms of Use or any of the transactions contemplated herein or related to the Service, Site, or any contests or services thereon (including without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association (”AAA”); provided, however, that notwithstanding the parties’ decision to resolve any and all disputes arising under these Terms of Use through arbitration, MarketSavvy.net may bring an action in any court of applicable jurisdiction to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable from a court to enforce the provisions these Terms of Use or to enforce the decision of the arbitrator. The arbitration will be held in Montgomery, Texas. The arbitrator shall apply the substantive laws of the State of Texas, shall issue a written decision, and shall have the power to award any legal remedies consistent with these Terms of Use except for punitive, exemplary or special damages. The parties will split the arbitrator’s fee; provided, however, that if any court or arbitrator would find such requirement unconscionable or unenforceable, MarketSavvy.net will have the option to pay all of such fees and proceed with arbitration. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

(B) If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

Section XV – Miscellaneous

(A) MarketSavvy.net operates and controls the Site and/or Service from its offices in the United States. MarketSavvy.net makes no representation that the Site and/or Service are appropriate or available in other locations. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MarketSavvy to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Use are effective until terminated by either party. Users may terminate these Terms of Use by destroying all Service-related materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise) obtained from the Service, MarketSavvy.net or any other web site or source.

(B) The privileges granted to you under these Terms of Use will terminate immediately and automatically without notice from MarketSavvy.net if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use to any party at any time without any notice to you. These Terms of Use may not be assigned by you without MarketSavvy.net’s prior written consent. These Terms of Use contain the entire understanding of you and MarketSavvy.net, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you. 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. The section headings used herein are for convenience only and shall not be given any legal import. Upon MarketSavvy.net’s request, you will furnish MarketSavvy.net any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against MarketSavvy.net by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Section XVI – Complaints or Notices

(A) MarketSavvy.net takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material that is or was on our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please refer to our contact form (http://www.marketsavvy.net/contact). You may also use this form for all other correspondence and complaints of any legal and/or non-legal nature.

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