Terms of Service Agreement
42 Macro, LLC Terms of Service Agreement
This Terms of Service Agreement was last updated on 04/26/2021.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. COMPANY RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU.
These Terms apply to any services provided to you by Company, including providing you with access to and use of the Company website at www.42macro.com (“Website”) and any Company mobile applications (“Mobile Apps”) (collectively, the “Services”). The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your,” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. No Advice.
Company does not render personalized investment advice. The Services are provided to you for informational purposes only and should not be construed as an offer to buy or sell a particular security or a solicitation of offers to buy or sell a particular security.
3. Third-Party Materials.
The Services may use, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (”Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. You agree that your access to and use of Third-Party Materials is entirely at your own risk.
4. Fees and Payments.
Unless stated otherwise when you purchase our Services, you agree that Company may charge you the agreed upon amount automatically each month in exchange for the Services, including any sales taxes that may apply to the transaction. If you cancel service anytime during a monthly billing period, service will terminate at the end of that billing period. You agree to pay all amounts due for Services. Company may changes its prices and fees at any time, and such changes shall be posted online or otherwise communicated to you, at which point they may become effective immediately.
5. Limitations of Liability and Indemnification.
YOU HEREBY WAIVE AND RELEASE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE FROM ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING COSTS OR ATTORNEYS’ FEES, ARISING UNDER THIS AGREEMENT, OR AS A RESULT OF THE SERVICES, OR RELATING IN ANY WAY TO YOUR USE OF OR ACCESS TO THE COMPANY’S WEBSITE OR MOBILE APPLICATION(S), OR RESULTING FROM YOUR CONSUMPTION OR THE PURCHASE OF ANY GOODS OR SERVICES FROM COMPANY. IN NO EVENT WHATSOEVER SHALL THE AMOUNT OF DAMAGES RECOVERABLE BY A PARTY HEREUNDER, UNDER ANY THEORY OF LAW OR EQUITY, EXCEED THE OVERALL SUM OF FIVE HUNDRED DOLLARS ($500.00) IN TOTAL, HOWEVER, THE FOREGOING SHALL NOT LIMIT YOUR OBLIGATIONS TO PAY FOR THE SERVICES PROVIDED TO YOU BY COMPANY. EACH PARTY AGREES THAT SUCH SUM IS A FAIR AND REASONABLE LIMITATION ON DAMAGES HEREUNDER. You agree to indemnify and agree to defend and hold harmless Company, its officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Services, including any breach by you of the Terms contained in this Agreement.
All content provided to you by Company as part of the Services is and shall continue to be the property of Company and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website or Mobile Apps is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through the Services or your use of the Website and/or Mobile Apps.
The Website and Mobile Apps are not sold to you. Instead, subject to this Agreement, Company grants you a limited, revocable, nonexclusive license (“License”) use the Services for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
You agree not to (a) copy the information from the Website or Mobile App, (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website and/or Mobile Apps; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or other information in the Website or Mobile App. or (d) or use the Services in violation of any law.
Company may terminate your License and/or revoke your access to the Services at any time, for any reason, with or without cause, without incurring any penalty. Upon termination, all rights granted to you under this Agreement will also terminate. Termination will not limit any of Company’s rights or remedies at law or in equity. Your obligations under this Agreement shall survive termination.
10. NO WARRANTIES.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE, MOBILE APPS, AND/OR SERVICES IS AT YOUR SOLE RISK. ANY WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IS EXPRESSLY DISCLAIMED AND EXCLUDED. COMPANY MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
11. Jurisdiction; Venue; Waiver of Trial by Jury.
Any lawsuit or other legal dispute between you and Company arising under this Agreement or relating to the Services shall be brought exclusively in San Francisco, California and shall be governed by the laws of California, without regard to provisions of conflicts of law. You consent to the jurisdiction of courts in California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of the Services and/or this Agreement.
12. CLASS ACTION WAIVER.
THE PARTIES AGREES THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED PROCEEDINGS
13. Intended Audience.
The Services are intended for adults only. The Services are not intended for any children under the age of 13.
Company may from time to time in its sole discretion develop and provide updates to the Website and/or Mobile Apps, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your settings: (a) Updates may automatically download and install onto your mobile device; or (b) You may receive notice of or be prompted to download and install available Updates. You shall acknowledge and agree that the Services or portions thereof may not properly operate should you fail to install Updates. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
15. LIMITATION OF TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE WAIVED AND PERMANENTLY BARRED.
You certify that you are at least 18 years of age and that your answers to the registration materials on the Website or Mobile Applications will be truthful.
You may not assign any portion of this Agreement or the Services unless agreed by the Company in writing.
If any provision is found to be invalid, the remaining provisions will be in full force and effect.
19. Entire Agreement.
This Agreement constitutes your entire Agreement with Company with respect to the Services.
The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company. You further understand and agree that clicking or pressing on the “I agree” is the electronic equivalent of a written signature on this document.