The following terms and conditions (the “Terms of Use”) govern your use of the services offered through website (collectively, the “Site”). By using the Site, including choosing to link to a third party site to apply for a product, calling our toll free number, initiating a request for us to contact you by telephone, or any other means we might make available, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, you are prohibited from using or accessing the Site. The terms “we,” “us,” or “website” refer to The Markets Daily, LLC and its subsidiaries and affiliates.
Accessing our Site
You may only use the Site if you live in the United States and are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty.
Our Service
Website may provide the following on their site: research reports, financial and investment tools, blogs, news stories, articles, questions, advice, wikis, online conferences, webinars, podcasts, social media posts, comments, calculators, graphs, rate reports, tax preparation, bill payment, and account management tools (collectively, the “Content”). Some of the Content may be supplied by other companies, reporters, or entities not affiliated with website (collectively, the “Outside Information Providers”).
All Content is provided on an “as is,” “as available” basis, and neither website nor the Outside Information Providers make any representations as to the suitablity of the service or the materials for any purpose. Website and the Outside Information Providers expressly disclaim any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, noninfringement, availability and accuracy with respect to the service and the materials.
All Content is published as of its stated date, or, if no date is present, the date of the Site’s first posting. Neither website nor the Outside Information Prodivers have undertaken any duty to update any such information.
All Content is intended for U.S. residents only and shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
All Content is provided exclusively for personal and noncommercial access and use.
We does not prepare, edit, or endore any content from the Outside Information Providers. As such, the Site does not guarantee its accuracy, timeliness, completeness, or usefulness, and is not responsible or liable for any content, advertising, products, or other materials. Use of the Content from either website or Outside Infromation Providers is at your own risk.
By using the Site and/or the Content, you expressly agree not to hold website and/or the Outside Infromation Providers liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content, or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content, ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of website and/or the Outside Information Providers, or iv) non-performance.
Links from our Site
We provides links to other sites for informational purposes only. We have no responsibility for the accuracy or availability of information provided by other sites to which you may link from the Site. The availability of these links does not constitute an endorsement of or association with such sites or the content, products, advertising or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on such sites.
At our website, we strive to provide you articles and information to help you make informed decisions. To do so, we may provide advice, opinions and statements from various information providers, including our in-house authors. However, our website does not endorse the accuracy or reliability of any advice, opinion, calculations or other information presented by these information providers, be they in-house or Outside Information Providers, or the applicability of such information, calculations or advice to any particular situation. Your reliance on such information, calculations and advice is at your own risk.
Without limiting the foregoing, website does not provide information or advice with respect to Federal or state taxation, or the tax laws of any other jurisdiction. Any tax information provided is purely for reference. Each user should consult his or her own tax and financial advisors.
User Data; Consent to Contact
In the course of your use of the Site, you may be asked to provide information or materials to us (“User Data”). User Data includes, for example, information you submit to us via your application to receive lending offers. Our information collection and use practices with respect to User Data are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Data. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Data. We cannot be responsible for maintaining any User Data that you provide to us, and we may delete or destroy any such User Data at any time. We reserve the right to refuse to post or to remove any User Data, in whole or in part, that, in our sole discretion, is unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms of Use.
By providing your contact information to us through the Site, you are registering to receive electronic communications from us directly, on our website or through a third party. You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We will periodically send you newsletters and other e-mails with offers and promotions. We may also contact you by telephone using an automated dialing system along with a pre-recorded message or interactive voice response system. If you no longer wish to receive these communications, please let us know by sending an email to our support staff at contact page. You may also opt-out by clicking on the unsubscribe link in our emails.
In addition, by choosing to link to a third party’s site to apply for a product through the Site, you consent to be contacted by the service providers in our network via email or telephone. Once your information is submitted to these service providers, any request to opt-out or unsubscribe from their communications must be directed to such service providers.
LIMITATION OF LIABILITY
IN NO EVENT SHALL website OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SITE.
Applicable Laws
The Site and these Terms of Use are governed by the laws of the State of California without giving effect to any principles of conflict of laws. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. Any dispute arising from your use of this Site shall be brought exclusively in the appropriate state or federal courts of the State of California. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
