Terms of Service

Welcome to Market Memo. By using our services, you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

1. Acceptance of Terms

These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and Market Memo (“Company,” “we,” “us,” or “our”) governing your access to and use of the Market Memo platform, including but not limited to its website, mobile applications, and any associated tools, features, or content (collectively, the “Services”).

By accessing, browsing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to any part of these Terms, you are not authorized to use the Services and must discontinue your access immediately.

Your continued use of the Services constitutes your acceptance of these Terms and any updates or changes made to them. Market Memo reserves the right to modify, amend, or update these Terms at any time, with or without prior notice, and such changes will become effective immediately upon posting. It is your responsibility to review these Terms periodically to stay informed about any modifications.

If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to bind that organization to these Terms, and in such a case, “you” and “your” will refer to both you as an individual and the organization you represent.

2. Services Provided

Market Memo provides an online platform designed to help users monitor, analyze, and enhance their trading performance. Our Services include, but are not limited to:

  1. Tracking and Analytics Tools: Features that allow users to log and analyze their trading data to identify trends, patterns, and areas for improvement.
  2. Educational Resources: Access to content such as tutorials, guides, and materials intended to improve trading knowledge and strategies.
  3. Community Features: Opportunities to connect with other users, share insights, and participate in discussions to foster learning and collaboration.

While we strive to provide accurate and reliable tools and resources, Market Memo does not offer financial, investment, legal, tax, or other professional advice. The content and features provided through our platform are for informational and educational purposes only. Any reliance on the information provided by the Services is solely at your own risk.

No Brokerage or Advisory Role
Market Memo is not a broker-dealer, investment advisor, or fiduciary. We do not facilitate the execution of trades, recommend specific investments, or advise users on financial decisions. Any trading or investment decisions made based on data or insights derived from the Services are your sole responsibility.

Service Availability
We strive to ensure the continuous availability and functionality of the Services, but we do not guarantee that the Services will be uninterrupted, error-free, or secure. Maintenance, updates, technical issues, or unforeseen circumstances may cause temporary disruptions.

Right to Modify Services
Market Memo reserves the right to modify, enhance, or discontinue all or part of the Services at any time without prior notice. Any changes to the Services will be communicated where possible, but Market Memo is not liable for any resulting impact on your use of the platform.

3. Account Registration and Security

3.1. Eligibility

To access and use the Services, you must:

  • Be at least 18 years of age or the legal age of majority in your jurisdiction.
  • Have the capacity to enter into legally binding agreements.
  • Ensure that your use of the Services does not violate any applicable laws or regulations.

By registering for an account, you represent and warrant that you meet these eligibility requirements.

3.2. Account Creation

To access certain features of the Services, you may be required to create an account by providing accurate, complete, and up-to-date information. This includes, but is not limited to, your name, email address, and any other details requested during the registration process.

You agree to:

  • Provide only truthful and accurate information.
  • Update your account information promptly to reflect any changes.
  • Not create an account using false information or on behalf of someone else without authorization.

3.3. Account Security

You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree to:

  • Use strong, unique passwords and safeguard your account credentials.
  • Notify Market Memo immediately at [email protected] if you suspect any unauthorized access or use of your account.
  • Accept all responsibility for activities conducted under your account unless such activities are caused by Market Memo’s negligence or breach.

3.4. Account Use and Restrictions

Your account is for personal use only. You may not:

  • Share your account credentials with others.
  • Allow others to access your account.
  • Use another person’s account without explicit permission.

Market Memo reserves the right to suspend, restrict, or terminate accounts that violate these Terms or engage in suspicious, fraudulent, or abusive activities.

3.5. Account Termination

You may terminate your account at any time by contacting [email protected]. Market Memo may also terminate or suspend your account at its sole discretion for reasons including, but not limited to:

  • Breach of these Terms.
  • Suspected fraudulent or illegal activity.
  • Extended periods of inactivity.

Upon termination, you will no longer have access to the Services, and any associated data may be permanently deleted in accordance with our data retention policies.

4. User Responsibilities

By using the Market Memo Services, you agree to abide by the following responsibilities:

4.1. Compliance with Laws and Regulations

You agree to use the Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You are solely responsible for ensuring that your use of the Services does not violate any legal obligations in your jurisdiction.

4.2. Accurate and Truthful Information

You must ensure that all information you provide to Market Memo is accurate, complete, and up-to-date. This includes information submitted during registration, account setup, and any interaction with the Services.

4.3. Use of Services

You agree not to engage in any activities that could harm or interfere with the proper functioning of the Services, including but not limited to:

  • Unauthorized Access: Attempting to gain unauthorized access to the Services, other user accounts, or Market Memo’s systems or networks.
  • Data Tampering: Altering, falsifying, or misrepresenting any data or information inputted into the Services.
  • Service Misuse: Exploiting the Services for unintended purposes, such as attempting to disrupt or manipulate system operations or using automated tools (e.g., bots, scripts, or scrapers) to access, retrieve, or copy data from the platform.

4.4. Respect for Intellectual Property and Content

You must respect the intellectual property rights of Market Memo and other users. You agree not to:

  • Copy, reproduce, modify, distribute, or create derivative works of any content, data, or software available through the Services without prior written permission.
  • Upload or share any content that infringes upon the intellectual property rights of others.

4.5. Prohibited Conduct

You agree not to engage in or facilitate any of the following prohibited behaviors:

  • Harassment, abuse, or harm of other users or Market Memo staff.
  • Dissemination of false, misleading, or fraudulent information.
  • Uploading or sharing harmful or malicious software, viruses, or other disruptive technologies.
  • Promoting or engaging in illegal activities.

4.6. Responsibility for Actions

You are solely responsible for all activities conducted through your account, whether by you or by others who gain access using your credentials. Market Memo will not be held liable for actions or consequences resulting from unauthorized use of your account unless such actions are due to our negligence.

4.7. Reporting Issues

If you encounter issues with the Services, including security vulnerabilities, bugs, or content violations, you agree to promptly report them to [email protected] and refrain from exploiting such issues.

Failure to adhere to these responsibilities may result in suspension, restriction, or termination of your access to the Services and may lead to legal action where applicable.

5. Fees and Payments

5.1. Pricing and Plans

Market Memo offers both free and paid subscription plans. Paid plans may include additional features and benefits not available under the free plan. Pricing details for subscriptions, including any one-time fees, recurring charges, or promotional offers, will be clearly displayed at the time of purchase.

5.2. Payment Terms

By selecting a paid plan, you agree to the following terms:

  • Payment Methods: You authorize Market Memo or its third-party payment processor to charge your selected payment method (e.g., credit card, debit card, PayPal) for the agreed-upon fees.
  • Billing Cycle: Payments for subscription services will be billed on a recurring basis (e.g., monthly or annually) as specified at the time of purchase.
  • Payment Obligations: You are responsible for ensuring that your payment information is accurate, up-to-date, and has sufficient funds to cover subscription fees.

5.3. Refunds and Cancellations

  • Refund Policy: All payments made to Market Memo are non-refundable unless expressly stated otherwise or required by applicable law. This includes partial refunds for unused portions of a billing cycle.
  • Subscription Cancellations: You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing cycle, and you will retain access to paid features until that time.
  • Failure to Pay: If payment fails for any reason (e.g., insufficient funds, expired payment method), Market Memo reserves the right to suspend or terminate your access to paid features until payment is successfully processed.

5.4. Promotional Offers and Trials

Market Memo may offer free trials or promotional discounts for new or existing users. These offers are subject to specific terms, including the following:

  • Trial Periods: Free trials will automatically convert into a paid subscription unless canceled before the trial period ends.
  • Discounts: Promotional pricing is valid for the duration specified and will revert to standard pricing once the promotional period expires.

5.5. Taxes and Additional Fees

You are responsible for any taxes, duties, or additional fees imposed by your local government or payment provider in connection with your subscription. Market Memo will provide a breakdown of applicable taxes at the time of purchase where required by law.

5.6. Modifications to Pricing

Market Memo reserves the right to modify pricing, subscription plans, or payment terms at any time. You will be notified of any changes in advance, and such changes will take effect at the beginning of your next billing cycle. If you do not agree to the new pricing or terms, you must cancel your subscription before the changes take effect.

6. Intellectual Property Rights

6.1. Ownership of Content

All content, features, and materials provided through the Services, including but not limited to text, graphics, software, trademarks, logos, designs, databases, proprietary algorithms, and other intellectual property (collectively, the “Content”), are owned or licensed by Market Memo and are protected by applicable copyright, trademark, patent, and other intellectual property laws.

6.2. Limited License to Users

Market Memo grants you a non-exclusive, non-transferable, revocable, and limited license to access and use the Services and Content for personal, non-commercial purposes. This license does not grant you any ownership rights in the Services or Content.

6.3. User Content

  • Ownership of User Content: Any content you upload, submit, or share through the Services, including trading data, comments, or other materials (“User Content”), remains your property. By providing User Content, you grant Market Memo a non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, modify, and display such content solely for the purpose of providing and improving the Services.
  • Responsibility for User Content: You are solely responsible for the accuracy, legality, and quality of any User Content you submit. You represent and warrant that your User Content does not infringe the rights of any third party or violate any laws or regulations.

6.4. Prohibited Use of Content

You may not, without prior written permission from Market Memo:

  • Copy, reproduce, distribute, or publicly display the Content in any form.
  • Modify, create derivative works, or exploit the Content for commercial purposes.
  • Reverse engineer, decompile, or extract source code from the software or any part of the Services.

6.5. Feedback and Suggestions

If you provide feedback, suggestions, or ideas regarding the Services (“Feedback”), you grant Market Memo the unrestricted right to use such Feedback for any purpose without acknowledgment or compensation to you. Market Memo is under no obligation to implement any Feedback.

6.6. Infringement Claims

Market Memo respects the intellectual property rights of others and expects its users to do the same. If you believe that any content provided through the Services infringes your intellectual property rights, please contact us at [email protected] with the following details:

  • Identification of the intellectual property allegedly infringed.
  • Description of the content in question and its location on the platform.
  • Your contact information, including email and phone number.
  • A statement confirming that you have a good-faith belief that the use of the content is unauthorized.

Market Memo reserves the right to remove or disable access to content alleged to infringe intellectual property rights and may terminate accounts of repeat infringers.

7. Privacy and Data Protection

7.1. Collection of Personal Information

Market Memo collects, processes, and stores personal information provided by you when using the Services. This information may include, but is not limited to, your name, email address, payment information, trading data, and usage patterns. Details regarding the data we collect and how it is used are outlined in our Privacy Policy.

7.2. Use of Personal Information

The information collected is used for the following purposes:

  • Providing and improving the functionality of the Services.
  • Customizing and enhancing your user experience.
  • Processing payments and managing subscriptions.
  • Communicating with you regarding your account, transactions, and updates to the Services.
  • Ensuring compliance with applicable legal and regulatory requirements.

7.3. Data Security

Market Memo implements industry-standard security measures to protect your personal information from unauthorized access, loss, misuse, or alteration. While we strive to safeguard your data, no system is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

7.4. Sharing of Information

Market Memo does not sell your personal information to third parties. However, we may share your information with:

  • Service Providers: Third-party vendors who assist in the operation of our Services, such as payment processors or analytics providers, subject to strict confidentiality obligations.
  • Legal Obligations: Authorities or third parties when required by law, subpoena, or court order, or to enforce our Terms of Service and protect the rights and safety of our users or Market Memo.

7.5. Data Retention

Market Memo retains your personal information for as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy, unless a longer retention period is required by law. You may request the deletion of your personal data by contacting us at [email protected], subject to applicable legal obligations.

7.6. User Rights

Depending on your jurisdiction, you may have rights regarding your personal data, such as:

  • Accessing and obtaining a copy of your personal data.
  • Requesting corrections to inaccurate or incomplete information.
  • Requesting deletion or restriction of your personal data.
  • Objecting to certain processing activities.

To exercise these rights, contact us at [email protected]. We will respond to your request in accordance with applicable laws.

7.7. Cookies and Tracking Technologies

Market Memo uses cookies and similar technologies to enhance user experience, analyze website performance, and deliver personalized content. You can manage your cookie preferences through your browser settings or our cookie management tools.

7.8. Changes to Privacy Practices

We reserve the right to update our privacy practices and this section of the Terms at any time. Changes will be communicated through updates to the Terms or Privacy Policy, and continued use of the Services after such updates constitutes your acceptance of the revised terms.

8. Prohibited Conduct

By using the Services, you agree not to engage in any conduct that could harm Market Memo, its users, or the integrity of the platform. Prohibited conduct includes, but is not limited to, the following:

8.1. Illegal or Unlawful Activities

  • Using the Services for any illegal purpose, including but not limited to fraud, money laundering, or violating applicable trading regulations.
  • Violating any local, state, national, or international laws or regulations while using the Services.

8.2. Unauthorized Access and Use

  • Attempting to access, interfere with, or disrupt the Services, servers, or networks connected to Market Memo without authorization.
  • Circumventing or bypassing any security measures implemented by Market Memo to protect the platform and user data.
  • Using unauthorized automated tools, bots, or scripts to scrape, extract, or gather data from the Services.

8.3. Intellectual Property Violations

  • Reproducing, distributing, or using copyrighted materials, trademarks, or proprietary information without prior authorization.
  • Uploading, sharing, or using content that infringes upon the intellectual property rights of others.

8.4. Harmful or Disruptive Behavior

  • Introducing viruses, malware, or any harmful code designed to disrupt or damage the Services or other users’ data.
  • Engaging in activities that could degrade the performance or accessibility of the Services for other users.
  • Harassing, threatening, abusing, or otherwise harming other users, Market Memo staff, or third parties associated with the platform.

8.5. Misuse of Data

  • Using the Services to manipulate, falsify, or misrepresent trading data or other information.
  • Collecting or harvesting personal data from other users without their explicit consent.

8.6. False or Misleading Representations

  • Impersonating any individual, organization, or entity without proper authorization.
  • Providing false or misleading information when creating an account or interacting with the Services.

8.7. Competitive or Commercial Use

  • Using the Services to create or operate competing platforms or services.
  • Exploiting the Services for commercial purposes without prior written consent from Market Memo.

8.8. Violation of Community Guidelines

Market Memo may publish additional community guidelines to ensure a respectful and safe environment for all users. You agree to adhere to these guidelines, as failure to do so may result in suspension or termination of your account.

8.9. Consequences of Prohibited Conduct

Market Memo reserves the right to investigate and take appropriate legal or remedial action for violations of this section. Actions may include, but are not limited to:

  • Immediate suspension or termination of your account.
  • Reporting unlawful activities to the appropriate authorities.
  • Pursuing legal action to recover damages or enforce these Terms.

By using the Services, you acknowledge that compliance with these rules is essential for the integrity and reliability of Market Memo and its user community.

9. Limitation of Liability

9.1. No Guarantees or Warranties

The Services are provided on an “as-is” and “as-available” basis without warranties of any kind, express or implied. Market Memo does not guarantee that:

  • The Services will be uninterrupted, error-free, or secure.
  • The data, insights, or content provided through the Services will be accurate, complete, or reliable.
  • The Services will meet your specific needs or expectations.

To the fullest extent permitted by law, Market Memo disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2. Assumption of Risk

You acknowledge and agree that your use of the Services involves inherent risks, including potential inaccuracies in data, loss of data, or unintended outcomes. Any reliance on the tools, features, or insights provided by Market Memo is at your own risk, and you are solely responsible for your trading and financial decisions.

9.3. Exclusion of Liability

To the maximum extent permitted by law, Market Memo and its affiliates, officers, employees, and agents will not be liable for any:

  • Indirect, incidental, special, punitive, or consequential damages.
  • Loss of profits, revenues, business opportunities, or data.
  • Damages resulting from unauthorized access to your account, interruption of service, or errors in the platform.

This limitation applies regardless of the legal theory (e.g., contract, tort, negligence) and even if Market Memo has been advised of the possibility of such damages.

9.4. Maximum Liability

In no event shall Market Memo’s total liability to you for all claims arising from your use of the Services exceed the amount you have paid to Market Memo for the Services during the 12 months immediately preceding the event giving rise to the claim.

9.5. Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages or implied warranties. If such laws apply to you, some or all of the disclaimers and limitations in this section may not apply, and you may have additional rights under applicable law.

9.6. Third-Party Services

Market Memo may provide links or integrations to third-party websites, tools, or services. These are offered for convenience and do not constitute endorsements. Market Memo is not responsible for the availability, accuracy, or practices of third-party services, and any use of such services is at your own risk.

10. Indemnification

By using the Services, you agree to indemnify, defend, and hold harmless Market Memo, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and partners (collectively, the “Indemnified Parties”) from and against any claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys’ fees) arising out of or related to:

10.1. Breach of Terms

Your violation of these Terms, including any representations or warranties you have made.

10.2. Misuse of the Services

Your use or misuse of the Services, including:

  • Violations of applicable laws or regulations.
  • Any unauthorized or prohibited use of Market Memo’s features or content.

10.3. Third-Party Rights

Your infringement or alleged infringement of any third party’s intellectual property, privacy, or other rights due to your actions or content submitted through the Services.

10.4. Unauthorized Actions

Any unauthorized access to, or use of, your account caused by your negligence, including failure to maintain the confidentiality of your login credentials.

10.5. Harm to Others

Any actions taken through your account that harm or negatively affect other users, third parties, or Market Memo itself.

10.6. Indemnification Process

In the event of a claim subject to indemnification, Market Memo will:

  • Notify you promptly of any claim or legal proceeding.
  • Allow you to assume the defense of the claim, provided you act promptly and maintain an adequate defense.
  • Retain the right to participate in the defense at our own expense.

Market Memo reserves the right to approve any settlement or resolution that could impose obligations, liability, or restrictions on the Indemnified Parties.

10.7. Scope of Obligations

Your indemnification obligations will survive termination or expiration of these Terms and your use of the Services.

11. Modifications of Terms and Services

11.1. Right to Modify Terms

Market Memo reserves the right to update, modify, or revise these Terms at any time, at our sole discretion. Such changes may be made to address:

  • Updates to our Services or features.
  • Compliance with legal or regulatory requirements.
  • Enhancements to user experience or platform functionality.

Any modifications will be effective immediately upon posting the updated Terms on our website or within the Services unless otherwise specified.

11.2. Notification of Changes

Market Memo will make reasonable efforts to notify you of significant changes to these Terms. Notifications may include email updates, announcements within the platform, or notices on our website. However, it is your responsibility to review these Terms periodically to stay informed about any changes.

11.3. Continued Use Constitutes Acceptance

By continuing to access or use the Services after the updated Terms are posted, you agree to be bound by the revised Terms. If you do not agree with the modified Terms, you must stop using the Services immediately and may terminate your account as outlined in these Terms.

11.4. Modifications to the Services

Market Memo reserves the right to:

  • Add, remove, or modify features, functionality, or content provided through the Services.
  • Temporarily or permanently discontinue all or part of the Services with or without prior notice.

While we strive to maintain uninterrupted access to our Services, certain changes or updates may result in temporary disruptions. Market Memo will not be liable for any modifications, suspensions, or discontinuations of the Services, except as required by applicable law.

11.5. Legacy Features and Compatibility

Market Memo does not guarantee the continued availability of older features, integrations, or compatibility with third-party systems. You acknowledge that certain features may be phased out or replaced as part of ongoing platform development.

12. Third-party Links and Services

12.1. Third-Party Links

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Market Memo. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or affiliation with the third party or its services.

12.2. Third-Party Content

Market Memo does not:

  • Guarantee the accuracy, reliability, or completeness of any information provided by third-party websites or services.
  • Accept responsibility for the availability, content, functionality, or practices of third-party websites or services.
  • Assume liability for any damages or losses arising from your use of, or reliance on, third-party links or services.

12.3. Use of Third-Party Services

If you choose to access or use any third-party websites, tools, or services linked through Market Memo, you do so at your own risk. You acknowledge that:

  • Third-party services operate under their own terms of use and privacy policies, and you are responsible for reviewing those policies before using such services.
  • Market Memo is not responsible for the actions, omissions, or policies of third-party service providers.

12.4. Integration with Third-Party Tools

Market Memo may offer integrations with third-party tools or platforms to enhance functionality. By enabling such integrations, you acknowledge and agree that:

  • Market Memo may share certain data with the third-party service as required for the integration to function.
  • The use of third-party tools is governed by the respective provider’s terms and conditions, not Market Memo’s.

12.5. Third-Party Payment Processors

Payments made through the Services may be processed by third-party payment processors. Market Memo is not responsible for any errors, delays, or disputes arising from transactions processed by third parties. Any issues related to payments should be addressed directly with the payment processor.

12.6. Reporting Issues with Third-Party Services

If you encounter issues with a third-party service linked through Market Memo, we encourage you to report them to us at [email protected]. While we may assist in resolving such issues, we cannot guarantee specific outcomes or assume responsibility for third-party actions.

13. Governing Law and Dispute Resolution

13.1. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of laws principles.

13.2. Dispute Resolution Process

If a dispute arises between you and Market Memo relating to these Terms or the Services, the parties agree to resolve the dispute as follows:

  1. Informal Resolution:
    • Both parties will first attempt to resolve the dispute informally by providing written notice of the dispute and engaging in good-faith discussions to seek a mutually acceptable resolution.
    • You may contact us at [email protected] to initiate this process.
  2. Arbitration Agreement:
    • If the dispute cannot be resolved informally within 30 days, you agree to resolve the dispute through binding arbitration administered by [Insert Arbitration Organization] under its rules.
    • The arbitration will be conducted in [Insert Jurisdiction] or remotely, as mutually agreed by the parties.
    • The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction.

13.3. Class Action Waiver

To the fullest extent permitted by law, you and Market Memo agree that any disputes will be resolved on an individual basis and not as part of a class, consolidated, or representative action. By agreeing to these Terms, you waive your right to participate in class actions, class arbitrations, or other representative proceedings.

13.4. Exceptions to Arbitration

This arbitration agreement does not prevent either party from seeking:

  • Injunctive or equitable relief in a court of competent jurisdiction to prevent or stop unauthorized use of intellectual property, data breaches, or violations of these Terms.
  • Resolution of small claims disputes in a small claims court, provided the claim qualifies under the applicable rules.

13.5. Time Limitation on Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after the event giving rise to the claim. Claims filed after this period will be barred.

13.6. Jurisdiction and Venue

For any disputes not subject to arbitration, you and Market Memo agree to submit to the exclusive jurisdiction of the courts located in Florida.

14. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Services, please feel free to contact us using the following details:

  • Email: [email protected]
  • Mailing Address:
    Market Memo
    [Insert Street Address]
    [City, State, ZIP Code]
    [Country]

14.1. Customer Support

Our customer support team is available to assist you with any issues or inquiries related to your account, payments, technical support, or other concerns about the Services. Please include your name, account details, and a clear description of your issue or inquiry to ensure a prompt response.

14.2. Reporting Violations or Concerns

If you believe someone is violating these Terms or engaging in prohibited conduct, please report it to us at [email protected]. We take all reports seriously and will investigate any suspected violations.

14.3. Legal Notices

For any legal notices or service-related communications, please use the mailing address provided above. We will consider legal notices effective upon receipt.

15. Entire Agreement

These Terms of Service constitute the entire agreement and understanding between you and Market Memo regarding the use of the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, concerning the subject matter herein.

No modifications, amendments, or supplements to these Terms will be valid or enforceable unless expressly agreed to in writing and signed by both you and Market Memo. Any attempt to unilaterally alter, supplement, or amend these Terms through external documents or conditions—such as purchase orders, additional terms, or user-supplied agreements—shall be considered null and void unless explicitly approved in writing by Market Memo.

In cases where any content, policy, or provision associated with the Services conflicts with these Terms of Service, these Terms shall take precedence and govern the relationship between you and Market Memo.

16. Miscellaneous

16.1. Enforcement and Legal Costs

In any legal action brought to enforce these Terms of Service, the prevailing party is entitled to recover its reasonable attorneys’ fees, court costs, and other related expenses.

16.2. Limitation Period

Any claim or cause of action arising out of or related to these Terms or the Services must be initiated within one (1) year of the event giving rise to the claim. Failure to bring such action within the specified time will result in the claim being permanently waived and barred.

16.3. Assignment of Rights

You may not assign or transfer your rights, duties, or obligations under these Terms to any third party without prior written consent from Market Memo. Any unauthorized assignment or transfer shall be deemed invalid. Market Memo reserves the right to assign or transfer its rights, duties, and obligations under these Terms at its discretion and without notice to you.

16.4. Restrictions on Commercial Use

You agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of the Services, the platform, or its content for commercial purposes without explicit written consent from Market Memo. Unauthorized use may result in account suspension, termination, and/or legal action.

16.5. Force Majeure

Market Memo shall not be held liable for any delays, failures, or inability to perform obligations due to events beyond its reasonable control. Such events may include, but are not limited to:

  • Natural disasters, adverse weather, or acts of God.
  • War, civil unrest, or acts of terrorism.
  • Labor strikes, workforce disruptions, or supply chain issues.
  • Governmental regulations, legal changes, or other regulatory actions.
  • Failures in transportation, power supply, or communications networks.

In such cases, Market Memo’s obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume operations as soon as practicable.

16.6. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the extent necessary to reflect the parties’ original intentions while complying with applicable law. All remaining provisions will continue in full force and effect.

16.7. Waiver

Market Memo’s failure to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision. A waiver will only be effective if made in writing and signed by an authorized representative of Market Memo.

Trading Central Terms of Service

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The information contained herein: (1) is proprietary to Trading Central and/or its content providers; (2) may not be copied or distributed; (3) is not warranted to be accurate, complete or timely; and, (4) does not constitute advice or a recommendation by AI Technologies Co LLC, Trading Central or its content providers in respect of the investment in financial instruments. Neither AI Technologies Co LLC nor Trading Central nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.Pricing, historical chart data and fundamental company data are provided by Morningstar Research Inc.
Technical Event® is a registered trademark of Trading Central.Trading Central products and services are protected under U.S. Patent Nos.: 6,801,201; 7,469,226; 7,469,238; 7,835,966; and 7,853,506; and corresponding foreign patents.