USING THE WEBSITE YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS BELOW.
(Last updated 03/28/2019)
Market Street Smarts, LLC
Terms and Conditions
Please Read Carefully Before Using This Website:
1. Definitions
"MarketStreetSmarts.com" is the Website ("Site") owned and operated by Market Street Smarts, LLC on the Internet. The site consists of financial information services and related content provided by Market Street Smarts, LLC and other third parties. This webpage contains the Terms and Conditions governing your access to and use of MarketStreetSmarts.com. "User" means each person who establishes or accesses a connection for access to view and use MarketStreetSmarts.com. "Subscriber" includes each user who subscribes to our service (the "Service") which includes Market Street Smarts Road Map™ ("Newsletter") and/or other premium services ("Account") owned and operated by Market Street Smarts, LLC. By using MarketStreetSmarts.com (other than to read this Agreement for the first time), user agrees to comply with all of the terms and conditions hereof. The right to use MarketStreetSmarts.com is personal to user and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any username or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s).
A. TERMS APPLICABLE TO ALL USERS
2. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.
For Users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms and Conditions, Section A.
For Users ("Subscribers") who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the "Subscribe" button at the top of this terms and conditions webpage.
IF THESE TERMS AND CONDITIONS ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
3. Changes To Terms
Market Street Smarts, LLC may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms and Conditions upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
4. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Market Street Smarts, LLC makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
5. Scope of Use and User Email
Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Market Street Smarts, LLC shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms and Conditions or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Market Street Smarts, LLC is strictly prohibited.
6. Copyrights
The content at this Site (including but not limited to GTS™, Market Street Smarts Stock Score™ and Market Street Smarts Sector Analysis™), as well as the charts, organization and layout of this site, are copyrighted and are protected by United States and international copyright, trademark and patent laws and treaty provisions. Market Street Smarts, LLC does not give user permission to re-publish any subscription-only, sample content, charts content or charts from our website. Subscription-only content or charts is found on pages where subscribers need to be logged on to view the material. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include "Copyright Market Street Smarts, LLC" (or "Copyright MarketStreetSmarts.com") as the copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Market Street Smarts, LLC. Pursuant to U.S. Copyright law, damages for liability or infringing a copyright may result in one and/or more of the following: the termination of any accounts of copyright offenders and other users who also infringe upon the intellectual property rights of our third party affiliates, $30,000 per infringement and, in the case of willful infringement and/or the amount may be up to $150,000 per infringement, in addition to the recovery of costs and attorneys' fees. This agreement shall be governed and construed in accordance with U.S. Copyright law and with the laws of the State of New York.
7. Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Market Street Smarts, LLC does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms and Conditions policy applies only to MarketStreetSmarts.com and the products and services Market Street Smarts, LLC offers. The inclusion of non-Market Street Smarts, LLC advertisements on the website should not be construed as an endorsement or an indication of the value of any product, service, or website. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Market Street Smarts, LLC reserves the right to terminate any link or linking program at any time. Market Street Smarts, LLC disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
8. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Market Street Smarts, LLC that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. Inquiries regarding a commercial relationship with Market Street Smarts, LLC should be directed to support@marketstreetsmarts.com
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH MARKET STREET SMARTS, LLC EXPRESSLY DISCLAIMS. MARKET STREET SMARTS, LLC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THE CONTENT. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. NO PROFIT AND/OR INCOME IS GUARANTEED. MARKET STREET SMARTS, LLC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS FROM ANY PUBLISHED CONTENT OR DELAY IN UPDATING THE WEBSITE THEREIN. MARKET STREET SMARTS,LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE INCLUDED INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
10. Governing Law, Location and Miscellaneous
These Terms and Conditions shall be governed in all respects by the laws of the State of New York and federal laws of the United States.
11. Separate Agreements
You may have other agreements with Market Street Smarts, LLC. Those agreements are separate and in addition to these Terms and Conditions. These Terms and Conditions do not modify, revise or amend the terms of any other agreements you may have with Market Street Smarts, LLC.
12. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the content covered, and is not tailored to your suitability or specific circumstance. No published content is intended as an offering, recommendation, or solicitation of an offer to buy or sell any securities or investments including (but not limited to) stocks, bonds, real estate, options, futures, exchange traded funds or other financial investments/instruments mentioned or discussed in any of Market Street Smarts, LLC products or services. Investing and/or trading in the securities market entails significant risk of loss. You should not construe any of our content as investment, financial, legal, tax or other professional advice. Market Street Smarts, LLC may have positions (long or short) and/or effect transactions in securities referenced in published content at any given time. YOU SHOULD EVALUATE ALL INFORMATION AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INVESTMENT OR FINANCIAL ADVISOR, OR WITH YOUR LEGAL, TAX, INSURANCE OR OTHER ADVISOR, AS APPROPRIATE.
13. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Market Street Smarts, LLC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms and Conditions or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be resolved in a court of law nor consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the state of New York.
14. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. MARKET STREET SMARTS, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT.
15. Indemnity
You agree to defend, indemnify, and hold Market Street Smarts, LLC, its members, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
16. Subscription
This service (the "Service") which includes the Market Street Smarts Road Map™ (the "Newsletter") is owned and operated by Market Street Smarts, LLC for your payment of the fee ("Service Fee"). While Market Street Smarts, LLC will make an earnest attempt to provide reports to its subscribers two times a month, Market Street Smarts, LLC cannot be responsible for hardware failure, action taken by subscriber's ISP's or general problems related to the Internet, or incapacity of the Service's authors/publishers. If for any reason, Market Street Smarts, LLC fails to produce the required number of reports, then subscribers with paid-up subscriptions will receive a subscription extension equal to the number of reports missed.
Regular Subscription:
A yearly subscription (12-month) to the Service entitles subscribers to a minimum of 24 reports, full access to all Archives and access to Market Street Smarts, LLC direct trading activity. A quarterly subscription (3-month) to the Service entitles subscribers to a minimum of 6 reports, full access to all Archives and access to Market Street Smarts, LLC direct trading activity. A monthly subscription to the Service entitles subscribers to a minimum of 2 reports, full access to all Archives and access to Market Street Smarts, LLC direct trading activity. Your subscription will be automatically renewed on your anniversary date. You can cancel the auto-renewal at any time prior to the renewal date. There are no refunds except as mentioned below. When you cancel, your subscription remains active until your next renewal date.
3 or 3 Money Back Guarantee:
If you (the "subscriber") do not make "at least 3% profit on your first trade" after signing up with an annual subscription, Market Street Smarts, LLC will refund a prorated discount off your annual subscription (a $59.99 value equivalent to a 3-month subscription) within the timeframes described below. "First trade" is defined under this guarantee as: 1) initial email alert sent to subscriber no later than 30 trading days after initially signing up for annual subscription informing the date and price per share of a U.S. listed stock to open transaction (whether subscriber executes upon such alert or not) and 2) second email alert to subscriber informing the date and price per share of same U.S. listed stock to close transaction (whether subscriber executes upon such alert or not). "Profit" is defined and calculated as the difference between a stock's opening transactional price per share and its closing transactional price per share, not including any commissions or other fees. Minimal profit is 3% of original purchase price as indicated in initial email alert sent to subscriber. Maximum duration for trade (between date of email alert opening the transaction and date of email alert closing the transaction) is 180 market trading days. Minimum duration for trade is one market trading day. Valid subscription fee refund requests can only be redeemed by contacting support@marketstreetsmarts.com after the maximum trade duration has elapsed. All alerts are based upon pricing data from daily closing prices and dates as listed in Yahoo Finance. The guarantee is only available once to new annual subscribers. Valid refunds will only be applied to the account charged and will be credited within approximately four weeks of a valid request. No other charges or expenses, including but not limited to subscriber's actual trading losses will be refunded. Other restrictions may apply. Market Street Smarts, LLC reserves the right to change or terminate the guarantee at any time.
Free Trial subscription:
From time to time, Market Street Smarts, LLC offers free trial subscriptions. Free trials to our site without a credit card are authorized only 1 time per person. Any additional access without payment or valid credit card information is a violation of these terms. Subscribers understand that unless they inform Market Street Smarts, LLC otherwise, subscribers will receive uninterrupted service and access for the full length of the trial term; subscription will then be automatically billed at the regularly stated rate in effect unless subscribers cancel before the trial period ends. Subscribers authorize Market Street Smarts, LLC to fulfill subscriptions and charge the credit/debit card provided. Subscribers won't be bothered with any renewal notices. Instead, if subscribers are not satisfied for any reason, subscribers may opt out of their subscriptions at any time by contacting customer service at support@marketstreetsmarts.com. There are no pro rata refunds. When you cancel, your subscription remains active until your next renewal date.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of Market Street Smarts, LLC following the posting of changes to these terms will mean you accept those changes. If you have comments regarding the Service or this Agreement, you may send them by email to support@marketstreetsmarts.com
17. Billing
If you open a subscription based account with us, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
There can be three options for regular subscriptions. The Service fee for a yearly subscription (12-month) will be $239.99 a year billed annually in advance. The Service fee for a quarterly subscription (3-month) will be $65 billed quarterly in advance. The Service fee for a monthly subscription (1-month) will be $19.99 billed monthly in advance. Your right to use the Service is subject to any limits established by Market Street Smarts, LLC or by Customer's credit card issuer. If payment cannot be charged to your credit or debit card or the charge is returned for any reason, including chargeback, Market Street Smarts, LLC may suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Market Street Smarts, LLC hereunder.
Please Note: Your Subscription will be automatically renewed and your credit or debit card account will be charged each year, 3-month or 1-month period, on the same day (the day from when you initially joined), unless you cancel the subscription prior to that renewal date. The renewal charge shall be equal to the original signup price, unless otherwise notified in advance. When you request termination, there is no refund for any unused portion of the current subscription. However, you are entitled to use the Service for the remaining unused portion of the current subscription.
18. Accounts And Security
As part of the registration process, each user will select a password (“Password”) and Login Name (“User Name”). You shall provide Market Street Smarts, LLC with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms and Conditions, which may result in immediate termination of your Account.
You may not assign or transfer your subscription to any other person or entity. You shall notify Market Street Smarts, LLC of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Registration records will not be sold to third parties. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password) you should notify Market Street Smarts, LLC immediately of the problem to avoid possible liability for any unauthorized charges to your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Market Street Smarts, LLC sole discretion, and you may be reported to appropriate law-enforcement agencies.