Terms Of Service

MYTIKER, LLC - TERMS OF SERVICE
Last updated on January 14, 2020
Introduction

MyTiker, LLC is a limited liability company registered under the laws of North Carolina. MyTiker, LLC manages and operates www.mytiker.com (the "Website"). The present Terms of Service (the "Terms of Service") govern the terms applicable to your access and usage of the Website, and to all information and services provided by way of the Website. These Terms of Service will apply when you access, visit, download, order services from or otherwise use the Website. Under these Terms of Service, MyTiker, LLC may be referred to as "MyTiker", "we", "us", and other similar expressions. These Terms of Service will come in effect as of July 1, 2019. We encourage you to read these Terms of Service prior to accessing or using the Website. By accessing or using the Website, in whole or in part, you agree to be subject to these Terms of Service. We may modify these Terms of Service at any time in accordance with these Terms of Service.

Application of the Terms of Service

By accessing or using the Website in any way, you hereby agree to be bound by the Terms of Service and any other rules or policies provided by MyTiker, each of which will be deemed incorporated by reference. We may update these Terms of Service, at our discretion, from time to time and without notice. These Terms of Service will become effective and binding upon you as of the time you first access or use the Website.If you do not wish to be governed by these Terms of Service, please do not use the Website.

Services Offered

MyTiker offers subscription-based software intended for usage by investors and corresponding services (collectively, the "Services"). We may modify, discontinue or otherwise change the Services offered at any time at our discretion. We will not be liable for any changes made to the Services.

Subscriptions

The Services may be purchased as subscriptions by way of the Website. Subscriptions will be paid for in advance and on a regular basis. It is possible to terminate a subscription to the Services by sending a written notice at least thirty (30) days prior to the desired termination date. Such written notice may be provided through your user account on the management page or by emailing MyTiker in accordance with these Terms of Service. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis, depending on the type of subscription plan you select when purchasing a Subscription

Refunds

MyTiker LLC (MyTiker) is a customer centric platform and understands users and their needs. MyTiker LLC (MyTiker) will process full refunds for any customer, with any subscription, within their first 14 days of their first monthly paid term. After this initial 14-day subscription period, we do not offer refunds; however, will gladly assist you in deactivating your subscription and guaranteeing you will no longer be charged in the future. Thank you for your understanding. If you would like to request a refund, please message us using our message widget: Simply send message "cancel" to Subscriptions and Billing.

Free Trials

MyTiker may offer a free trial of the Services for the duration and the terms provided by MyTiker at its sole discretion. You understand that to benefit from the free trial, you will need to provide your payment information as described in these Terms of Service. Your credit card and/or your PayPal account will not be charged for the duration of the free trial. Upon the trial’s completion, unless you cancel the Services, you hereby authorize MyTiker to charge your payment information automatically and without prior notice.

User Accounts and Registration

To use the certain portions of the Website and to order the Services, you may be required to register by providing personal information. Personal information may include but is not limited to your name, address, contact information, and other required information. You agree that the personal information you provide will be complete, current, true and accurate information. On an ongoing basis, you will update all personal information as needed. Our collection and usage of your personal information is described in our Privacy Policy. You further understand that your personal information may be required to gain access to the certain sections of the Website, and to benefit from the Services.

Security and Password

You understand and agree that any account you create on the Website are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password. You agree that you are responsible for all activities that occur under your username and password, whether or not authorized by you. You remain liable for any activity or usage of the Website using your account unless you notify us of a potential breach in accordance with these Terms of Service. You must change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password.

Third-Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Payment Information

To purchase the Services from the Website, you must provide your current, accurate and valid payment information. Payment information may refer to your credit card, or PayPal account. You represent that you are duly authorized to use the payment information provided. If your payment information is invalid or otherwise unacceptable, we may cancel or refuse to provide the Services. Your payment details must remain updated and current during your usage of the Website and the Services. You agree to honor all charges in connection with the Services purchased at the prices indicated. You agree to pay all applicable taxes and fees in connection with the Services purchased as indicated on invoices prepared by MyTiker. You understand and agree that your payment information will remain on file to cover recurring and/or future payments. In the event that your payment is not monthly or subscription-based, you agree to make full payment of the amounts invoiced by MyTiker. We may send you an electronic invoice describing and indicating the sums payable for the Services. You remain fully responsible for all Services ordered placed using your credit card or PayPal account. You remain liable for the payment of such Services unless you notify us of the breach or the compromise of your payment information prior to its occurrence. You also agree to immediately inform us of any security problems involving your payment information, such as theft or unauthorized use of your credit card. We reserve the right to modify the pricing of the Services and other fees on an as needed basis. The revised prices will be published on our Website as promptly as possible.

Prohibitions

You agree not to engage in unacceptable use of the Website, which includes, but is not limited to using the Website to:

  • Violate any applicable laws;
  • Solicit others to perform or participate in any unlawful acts;
  • Impersonate any person, entity, or misrepresent your affiliation with a person or entity;
  • Violate the privacy of others or collecting information on their behalf without the required consent;
  • Interfere with any servers or networks connected to the Website or its features;
  • Gain unauthorized access to an account or network by hacking, password mining or using other illicit means; and
  • Engage in any conduct that violates these Terms of Service or, that may give rise to liability.
Content

Under these Terms of Service, any content you post, publish or otherwise disseminate on the Website will be referred to as "Your Content". Your Content may include but is not limited to messages, posts, recordings, both audio and visual, as well as all other types of postings. You understand and acknowledge that you may be held personally liable for Your Content if it is violates these Terms of Service, an obligation of confidentiality, or any third party right. If any part of Your Content post is not your original work, it is your responsibility to secure all required consents prior to publishing such content. By posting Your Content on the Website you hereby grant us and our affiliates a nonexclusive, worldwide, perpetual, royalty-free, transferable license to use, copy, modify, distribute, publish, transmit, remove and commercialize Your Content in any and all media or form of communication, without restriction.

User Content

We disclaim any and all liability for any content generated by users on the Website ("User Content"). We are unable to guarantee the integrity, truthfulness, or quality of that User Content. The User Content expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of MyTiker. You can report User Content by notifying MyTiker in accordance with these Terms of Service. We are not under any obligation to remove User Content from this Website. We do undertake to review all requests and will remove Content that we determine should be removed, in our sole discretion, and in accordance with applicable law.

Intellectual Property

Copyright © 2019 MyTiker LLC, All Rights Reserved. Trademarks, marks or other intellectual property may be published on our Website. We own or have secured all required consents to publish such intellectual property. Any trademarks and intellectual property displayed on our Website may be protected by intellectual property laws. All rights relating thereto are reserved. You are authorized to print and copy portions of the Website solely for personal, non-commercial use and reference purposes. We do not authorize the reproduction, modification, or transmission of the intellectual property on our Website to any third party without our prior specific written consent.

Accuracy of Information

The Website may include content pertaining to research reports, investments and other types of information (the "Information"). The Information is not intended to be construed as investment or professional advice. MyTiker does not endorse the Information, and we make it available to you only as a service for your own convenience. Information may become outdated and unreliable as market conditions change in market conditions or to reflect economic circumstances. We are under no obligation to update any Information, and we may stop publishing and offering Information on the Website at any time without notice. The Information is not intended to be used or considered as a recommendation, or solicitation of an offer to buy securities or other financial instruments. Information should not be regarded as a substitute for your own judgment. When making any decisions relating to investment and other similar topics, we recommend you seek the advice of a professional advisor. You assume all risks associated with decisions or trades made on the basis of Information. MyTiker and its affiliates decline all responsibility and liability for all trades and decisions made by Website users based on Information, User Content and/or Your Content.

Warranties and Disclaimers

The Services are provided on an "as is"? basis without any guarantees or warranties of any nature. We undertake to perform the Services in accordance with reasonable business standards. While we do provide limited warranties, we do not warrant or guarantee that the Services provided will produce any particular result with respect to your needs or expectations. For avoidance of doubt, the Services and the Website are provided on an "as is" basis without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Posting and Sharing

(i) By posting, commenting and sharing your Content. using the Services, on third-party websites, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed, as necessary to provide the Services.
(ii) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the service, any content you supply to the service, or your violation of these Terms or the rights of another.

Limitation of Liability

You agree that we will not be responsible for any losses, damages, liabilities, costs and expenses resulting the use or inability to use the Website and/or the Services. You further agree that your use of the Website is at your own risk and MyTiker disclaims all liability related thereto, whether direct or indirect.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL LIABILITY FOR ANY AND ALL LOSSES, EXPENSES, DAMAGES, CLAIMS AND PROCEEDINGS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND THE SERVICES. THIS EXCLUSION OF LIABILITY APPLIES REGARDLESS OF WHETHER LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANOTHER THEORY OF LAW.

Indemnification

You agree to indemnify and hold harmless MyTiker and its affiliates, directors, officers and employees from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits brought by a third party, arising out of (i) any negligent, reckless or intentionally wrongful act committed by you, and/or (ii) your execution or non-performance of the obligations under these Terms of Service.

Third Party Links

Our Website may provide links to third party websites or applications. MyTiker is not affiliated with these third-party service providers. Your use of any third-party website or application is subject to the third party’s policies and terms of service. The links to third party websites or applications we provide on our Website are for convenience and reference purposes only.

International Use

Although the Website may be accessed anywhere in the world, we do not warrant that the Services and content provided on or through the Website comply with international laws applicable outside the United States. International users of the Website agree to access and use the Website at their sole risk, without representations or warranties of international compliance from MyTiker.

Termination

We reserve our right to terminate or suspend the Services, and/or your usage of the Website in the event you breach these Terms of Service, or at our sole discretion. We will not be liable for any termination or suspension of the Services or otherwise, whether with cause or without. All provisions of these Terms of Service, which should survive termination due to their nature, will survive such termination, including but not limited to copyright, intellectual property, limited liability, and warranties.

Notices

All notices made under these Terms of Service should be in writing and delivered by way of email. Notices directed to our Customer Service department should be emailed to support@MyTiker.com. You may receive notices from us regarding the Website and/or our Services. We undertake to send such notices to you by email or via a notification on the Website. Considering we may communicate with you by email, you are responsible for providing your present and valid email address. If the email address you indicated is invalid, any notice we sent to this email address will nonetheless be deemed effective as per these Terms of Service.

Entire Agreement

These Terms of Service, together with any document referred to herein, constitute the entire agreement between us with respect to the subject matter hereof. These Terms of Service will supersede all prior negotiations and agreements between you and us regarding the subject matter hereof.

Severability

If any provision in these Terms of Service is deemed unlawful or invalid by law or a competent court, the provision will be severe from the Terms of Service, or to the extent permitted by law, such provision will be redrafted as to preserve the original intention. The remaining provisions of these Terms of Service will remain valid and enforceable.

Waivers

In the event that we do not insist upon the performance of any provision or obligation set forth in these Terms of Service, this will not operate as a waiver of our rights. Further, if we do not or delay in exercising any right under these Terms OF Service, this will not constitute a waiver of such rights.

Force Majeure Events

Force Majeure events refer to unforeseeable situations beyond our reasonable control. Force majeure events include but are not limited to natural disasters, wars, government acts, fires, and failure of a telecommunications network. We are not responsible for any failure to perform our obligations during a Force Majeure event. More specifically, our obligations and Services will resume once the Force Majeure event is terminated. If the Force Majeure event lasts more than seven (7) consecutive days, we may elect to stop providing Services without any liability to you.

Governing Law

These Terms of Service are governed by and must be interpreted according to the laws of the State of North Carolina. In case of any dispute arising out of these Terms of Service, you agree that the competent courts in the State of North Carolina will have jurisdiction. You hereby irrevocably consent and submit to the jurisdiction of such courts; however, we reserve the right to institute proceedings in another jurisdiction if we determine it would be preferable to do so.

Contact Information

Any questions, comments, feedback or reported breaches of these Terms of Service should be provided to us in writing. Our preference is to receive emails containing sufficient detail regarding the matter in question. You can contact us at any time by sending an email to Support@MyTiker.com