Market Vulture Terms of Use

TL;DR

Use your head and do your own research before you buy or sell securities, don't steal from us, don't hack us and don't be a jerk. We won't be jerks either. You can cancel anytime you want. Anything you post is assumed to be yours and we can use it if it's cool. We can remove your access to our services if we feel like you're being a jerk. When it comes to stock returns and projections, of course the past doesn't predict the future. Have fun.

Long, Boring Version

Agreement between user and https://www.marketvulture.com

Welcome to https://www.marketvulture.com. The https://www.marketvulture.com website (the "Site") is comprised of various web pages operated by MKTVLTR, LLC. ("Market Vulture"). https://www.marketvulture.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.marketvulture.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.marketvulture.com is a News and Information Site

Market Vulture tracks, monitors, collects and analyzes open source data which is cleaned, enhanced and classified by machine learning tools to bring a unique and valuable information and alerting service to our subscribers.

Some products, services, product features or underlying investment options described on this Site may not be available in your jurisdiction and generally are not available outside the United States. The laws of each country, state, or territory may differ and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, product or service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Your eligibility for certain products and services is subject to final determination of qualifications or other eligibility criteria and acceptance by Market Vulture.

None of our staff members are registered as broker-dealers or investment advisers either with the U.S. Securities and Exchange Commission or with any state securities authority. MARKET VULTURE REPRESENTATIVES ARE NOT AUTHORIZED, TRAINED OR PERMITTED TO PROVIDE INVESTMENT OR TRADING ADVICE OR TO SOLICIT ORDERS. MARKET VULTURE IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN AS A RESULT OF ANY INVESTMENT OR TRADING INFORMATION OR ADVICE PROVIDED BY A MARKET VULTURE REPRESENTATIVE OR EMPLOYEE AS A RESULT OF COMMUNICATIONS FROM OR TO YOU VIA THE SITE, EMAIL, TELEPHONE OR OTHERWISE, AND SUCH INFORMATION OR ADVICE RECEIVED BY YOU SHOULD NOT BE RELIED UPON OR CONSIDERED ACCURATE FOR ANY REASON. INFORMATION CONTAINED ON THE SITE IS NOT INTENDED TO REPLACE INDIVIDUAL RESEARCH OR LICENSED INVESTMENT ADVICE. YOU SHOULD NOT CONSIDER ANY INFORMATION, DATA, ALERT, OR OPINION CONTAINED ON THE SITE, OR IN ANY CORRESPONDENCE FROM MARKET VULTURE OR ITS EMPLOYEES, AS INVESTMENT ADVICE.

Market Vulture cannot and does not assess, verify or guarantee the suitability or profitability of any particular investment. The risk of loss in trading securities can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. You bear responsibility for your own investment research and decisions and should seek the advice of a qualified securities professional before making any investment. By using this service and anytime after ending the service, you agree not to hold Market Vulture nor the publishers of this Site or their employees, directors, or affiliates liable for trading losses, lost profits or other damages resulting from your use of information, ideas, opinions, and/or forecasts, express or implied, in Market Vulture in any form (Web-based, email-based, text-alert-based), and you agree to indemnify and hold Market Vulture, the publishers of this Site, and their employees harmless from and against any and all claims, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees) arising from your violation of this agreement.

All purchasers of products/services referenced at this Site are encouraged to consult with a licensed representative of their choice regarding any particular trade or trading strategy.

HYPOTHETICAL PERFORMANCE DISCLAIMER: The performance results shown on this Site are based on simulated, backtested, or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity, or the impact that material economic and market factors might have had on decision-making if investing real capital. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

Performance results shown include approximations of the dividends received while holding the securities, but do not reflect the deduction of advisory fees, brokerage or other commissions, taxes, and any other expenses that a client would have paid or actually paid.

Privacy

Your use of https://www.marketvulture.com is subject to Market Vulture's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.marketvulture.com or sending emails to Market Vulture constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Market Vulture is not responsible for third party access to your account that results from theft or misappropriation of your account. Market Vulture and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Market Vulture does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.marketvulture.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Subscribers may cancel at any time. Cancelled subscriptions will continue to be valid until the end of the subcription period, at which time they will not renew. Market Vulture does not give refunds or prorate cancelled subscriptions due to the nature of the information provided through our service.

Links to third party sites/Third party services

https://www.marketvulture.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Market Vulture and Market Vulture is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Market Vulture is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Market Vulture of the site or any association with its operators.

Certain services made available via https://www.marketvulture.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.marketvulture.com domain, you hereby acknowledge and consent that Market Vulture may share such information and data with any third party with whom Market Vulture has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.marketvulture.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.marketvulture.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Market Vulture that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Market Vulture or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Market Vulture content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Market Vulture and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Market Vulture or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Market Vulture has no obligation to monitor the Communication Services. However, Market Vulture reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Market Vulture reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Market Vulture reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Market Vulture's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Market Vulture does not control or endorse the content, messages or information found in any Communication Service and, therefore, Market Vulture specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Market Vulture spokespersons, and their views do not necessarily reflect those of Market Vulture.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to https://www.marketvulture.com or posted on any Market Vulture web page

Market Vulture does not claim ownership of the materials you provide to https://www.marketvulture.com (including feedback and suggestions) or post, upload, input or submit to any Market Vulture Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Market Vulture, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Market Vulture is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Market Vulture's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Market Vulture from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Market Vulture Content accessed through https://www.marketvulture.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Market Vulture, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Market Vulture reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Market Vulture in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

ALL CONTENT AND INFORMATION WITHIN MARKET VULTURE IS BASED ON DATA AND SOURCES BELIEVED TO BE RELIABLE, BUT ACCURACY AND COMPLETENESS CANNOT BE GUARANTEED. ALL SOFTWARE, SUBSCRIPTION SERVICE, INFORMATION, DATA, REPORTS AND CONTENT PROVIDED BY MARKET VULTURE ARE FOR INFORMATIONAL, EDUCATIONAL, AND/OR ENTERTAINMENT PURPOSES ONLY. NOTHING ON MARKET VULTURE'S WEBSITE, OR IN THE SOFTWARE OR AS PART OF THE SUBSCRIPTION SERVICE, EXPRESS OR IMPLIED, IS A RECOMMENDATION, ADVICE, OR SOLICITATION TO BUY, SELL OR HOLD STOCKS, SECURITIES, BONDS, FUTURES OR OTHER INVESTMENTS OR FINANCIAL INSTRUMENTS. YOU SHOULD NOT CONSTRUE ANY DATA OR INFORMATION PROVIDED BY MARKET VULTURE AS LEGAL, TAX, INVESTMENT, FINANCIAL OR OTHER ADVICE.

THE TERMS "WATCHING", "BUYING", "SELLING", "SOLD", "BOUGHT", "RELEASED", "ACTIVE HOLDING", "FRESH MEAT", "SPOILED", "FEASTING", "OPPORTUNITIES" OR ALL SIMILAR TERMS ARE THEORETICAL AND INFORMATIONAL, RELATING ONLY TO THE MATHEMATICAL MODEL OR EXPERIMENT FROM WHICH THEY ARE DERIVED, AND NOT TO BE RELIED UPON AS INVESTMENT ADVICE.

YOU AGREE THERE ARE RISKS INVOLVED IN IMPLEMENTING INVESTMENT STRATEGIES AND STOCK INVESTMENTS IN GENERAL. YOU AGREE THAT FUTURE RESULTS MAY NOT BE PROFITABLE OR EQUAL TO REPRESENTATIONS OF PAST PERFORMANCE; REAL, INDICATED OR IMPLIED. YOU ALONE ASSUME SOLE RESPONSIBILITY FOR ANY INVESTMENT DECISIONS YOU MAKE BASED ON THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY MARKET VULTURE. MARKET VULTURE, ITS EMPLOYEES, AGENTS, OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY LOSSES YOU MAY INCUR AND YOU AGREE NOT TO HOLD MARKET VULTURE LIABLE OR RESPONSIBLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON DATA OR INFORMATION MADE AVAILABLE TO YOU BY MARKET VULTURE, THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY MARKET VULTURE, EVEN IF WE ARE SOLELY NEGLIGENT.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MKTVLTR, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MKTVLTR, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MKTVLTR, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MKTVLTR, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MKTVLTR, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Market Vulture reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Market Vulture as a result of this agreement or use of the Site. Market Vulture's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Market Vulture's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Market Vulture with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Market Vulture with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Market Vulture with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Forward Looking Statements

Certain statements contained herein are statements of future expectations and other forward-looking statements that are based on management's current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions, including in particular economic conditions in Market Vulture's core markets, (ii) performance of financial markets, including emerging markets, (iii) the frequency and severity of insured loss events, (iv) mortality and morbidity levels and trends, (v) persistency levels, (vi) interest rate levels, (vii) currency exchange rates, including the Euro - U.S. dollar exchange rate, (viii) increasing levels of competition, (ix) changes in laws and regulations, including monetary convergence and the European Monetary Union, (x) changes in the policies of central banks and/or foreign governments, and (xi) general competitive factors, in each case on a global, regional and/or national basis. Market Vulture does not undertake any obligation to correct or update any forward-looking statements on this Site.

Changes to Terms

Market Vulture reserves the right, in its sole discretion, to change the Terms under which https://www.marketvulture.com is offered. The most current version of the Terms will supersede all previous versions. Market Vulture encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Market Vulture welcomes your questions or comments regarding the Terms:

Email Address:
admin@marketvulture.com

Effective as of April 24, 2017