Terms of Service
MONEZA INC TERMS OF SERVICE / Subscription agreement
I, ______________, hereby enter into this Agreement with MONEZA, INC. (the “Company”), effective as of the date of my signature below. In doing so, I acknowledge and understand the following facts:
LIMITED SOFTWARE LICENSE
During the term of this Agreement, Moneza, Inc. hereby grants You a limited, nonexclusive, (through Moneza Inc.’s Service Site only) and utilize Moneza Inc. ‘s software (the “Software”) solely for the purpose of facilitating a personal trading and financial strategy. Moneza Inc will not transfer legal title or physical possession of any Software to You. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Software or Service, use of the Software or Service, or access to the Service. If you subscribe to a trading strategy, you agree not to forward, disseminate, or resell its contents without permission of Moneza, Inc..
MODIFICATIONS TO SERVICE
Moneza Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Moneza Inc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION You agree that Moneza Inc may, under certain circumstances and without prior notice, immediately terminate your Moneza Inc account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account Page 1 of 10 deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) expiration of any Service term or agreement.
Moneza Inc ‘s PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Moneza Inc or the trading strategy vendors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the material published through the Service, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Moneza Inc for use in accessing the Service.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Moneza Inc EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Moneza Inc MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Moneza Inc OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- I UNDERSTAND THAT I AM RESPONSIBLE FOR CONDUCTING MY OWN DUE DILIGENCE WITH RESPECT TO MONEZA INC, ITS TECHNICAL SYSTEM AND THE TRADING STRATEGIES ABOUT WHICH IT PROVIDES SIGNALS, TRADES AND INFORMATION. I UNDERSTAND THAT USING A TRADE SIGNAL PROVIDER TO GENERATE TRADING SIGNALS MAY EXPOSE ME TO CERTAIN RISKS ASSOCIATED WITH THE USE OF COMPUTERS AND ELECTRONIC COMMUNICATION SYSTEMS (E.G., FAILURE OF HARDWARE, SOFTWARE OR ASSOCIATED COMMUNICATION SYSTEMS, SYSTEM INTERRUPTION, OR DATA FEED FAILURE) AND I AGREE TO ACCEPT SUCH RISKS.
- I UNDERSTAND THAT SECURITIES OR OTHER FINANCIAL INSTRUMENTS REFERENCED IN THE SIGNALS PROVIDED BY MONEZA INC ARE NOT SUITABLE FOR ALL INVESTORS. MONEZA INC AND INFORMATION PROVIDED BY MONEZA INC MAY NOT TAKE INTO ACCOUNT MY PARTICULAR INVESTMENT OBJECTIVES, FINANCIAL SITUATIONS OR NEEDS. BEFORE MAKING ANY INVESTMENT OR TRADE, I UNDERSTAND THAT I SHOULD CONDUCT MY OWN RESEARCH AS TO WHETHER IT IS SUITABLE FOR MY PARTICULAR CIRCUMSTANCES AND, AS NECESSARY, SEEK PROFESSIONAL ADVICE. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
- I ACKNOWLEDGE THAT MONEZA INC IS NOT LICENSED OR REGISTERED AS AN INVESTMENT ADVISOR. I UNDERSTAND THAT IT IS MY RESPONSIBILITY FOR EACH TRADE / SIGNAL PROVIDED BY
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONEZA INC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONEZA INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU WILL SOLELY BE RESPONSIBLE FOR EACH TRADE, AND BY OPTING IN THE AUTO APPROVAL TRADE, EACH TRADE WILL BE CONSIDERED AS IF YOU HAD EXECUTED IT YOURSELF.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
You agree to indemnify and hold Moneza Inc, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service Moneza Inc. software and, your connection to the Moneza Inc. Services.
SPECIAL ADMONITION FOR PEOPLE RELYING ON THE BUY/SELL TRADING SIGNALS OF OTHERS
The phrase “Let the investor beware” is important to remember. The Service is provided for informational purposes only, and no Content included in the Service is intended to be the sole or primary means of making decisions for trading or investing purposes. Moneza Inc shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this agreement or other matters by displaying notices or links to notices to you generally on the Service.
Moneza Inc and Maika are a trademark of Moneza Inc LLC. Without Moneza Inc’s prior permission, you agree not to display or use the Moneza Inc mark.
CONSENT TO ELECTRONIC NOTIFICATION
By using this site, you agree to receive all legal and business notifications through email delivered to the email address for you which we have on record.
In the event of any dispute between you and Moneza Inc, or you and Trade Integration LLC, relating to this Agreement, the parties hereto agree that such dispute shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The prevailing party in the arbitration proceeding shall be entitled to recover its expenses, including the costs of the arbitration proceeding and reasonable attorneys’ fees. Arbitration shall be held within the state of Florida, USA, unless the parties agree to an alternative location.
This Agreement is governed by the laws of the State of Florida, without regard to principles of conflicts of laws. Aany legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in Florida, and each party hereto hereby submits to the personal jurisdiction of such courts. This Agreement supersedes any and all prior agreements between the parties hereto and constitutes the entire agreement between User and Moneza Inc, with respect to the subject matter hereof. The failure of Moneza Inc to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. This Agreement may be modified, supplemented or otherwise amended at any time by Moneza Inc in its discretion. User’s use of Moneza Inc following notice of any such amendment shall constitute User’s acceptance of the amended Agreement. This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective administrators, legal representatives, successors, and permitted assigns. If any provision hereof is held by a court of competent jurisdiction to be contrary to law, void or otherwise unenforceable, such provision shall be enforced to the extent possible in order to effect the intention of the parties and the remainder of this Agreement shall remain in full force and effect.
References to sections are to sections of this Agreement, unless otherwise indicated. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word “including” will be interpreted to mean “including, but not limited to,” unless otherwise indicated.
MY SIGNATURE BELOW SIGNIFIES THAT I HAVE CAREFULLY READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND TO ALL OF THE TERMS OF THIS AGREEMENT.