M.A.T.T. - Multi-Asset Trading Tool
Introduction
These Terms of Use (the "Agreement") are between you and Mark Et Cap LLC ("mark et cap”), the mark et cap browser extension, the mark et cap website located at www.mark-et-cap.com and all other mark et cap -branded websites (each, a "Website"), and other software applications and online services provided by mark et cap (collectively, the "Service").
Accepting the Terms
By using any portion of the Service, you agree to comply with and be bound by this Agreement. This Agreement applies to you regardless of whether you are a "User" (which means you have downloaded the mark et cap browser extension) or are a "Visitor" (which means that you are using the Service but have not downloaded the browser extension). The term "you" refers to a Visitor or a User. The term "we" or "our" refers to mark et cap. You may not use the Service or accept this Agreement if you are not able and competent to form a binding contract with mark et cap. If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for personal, non-commercial use. You agree that you are not using the Service for or on behalf of any third-party or for any commercial purpose.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS.
Amendments of this Agreement
mark et cap may amend this Agreement or other policies that govern the Service from time to time. Any changes to the Agreement will be posted on the Website, and the posted Agreement will indicate the date the Agreement was last revised. If you do not agree to the changes, you must uninstall any applicable mark et cap software and stop using the Service. By continuing to use the Service after any changes to this Agreement, you agree to be bound by those changes.
Privacy and your Personal Information
The Service is subject to mark et cap s privacy and data protection practices (our "Privacy Policy"). Please read mark et cap’s Privacy Policy found at www.mark-et-cap.com/privacy. Our Privacy Policy explains how mark et cap collects, uses and shares your information when you visit our Website, use the browser extension or otherwise access the Service. By using the Service, you consent to mark et cap’s collection, use, and sharing of your information as set forth in our Privacy Policy.
Description of the Service
The Service includes a suite of tools that allows Users to navigate between various domains and directly to a defined list of online stock brokerage, cryptocurrency exchange and research websites. mark et cap offers a variety of ways to access aspects of our Service, including the Website, our Patreon and browser extension. Not all aspects of our Service will be available through all access channels.
While we try and facilitate the ease of navigation between domains and record of recent interactions, we cannot guarantee that the Service will be available at all times and without errors or defects. mark et cap does not and will not offer financial advice and is not responsible for any trading activity.
mark et cap and Third-Party Links
mark et cap may display to you a variety of third-party links based on a Users set preferences. We are in no way affiliated with these third parties and are not responsible for any transaction or interactions Users may take on these sites.
mark et cap Is Not Responsible for Third-Parties
You agree that use of third-party is subject to the third-parties own terms and conditions. You agree that mark et cap is in no way responsible or liable to you for any interactions through or using the Service, including for any loss of profits, use of data or other intangible damages.
When you access third-party websites through our Service, you accept that there are risks in doing so, and that mark et cap is not responsible for such risks. We encourage you to be aware when you are on a third-party website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
mark et cap has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that you interact with through the Service. In addition, mark et cap will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
mark et cap’s Intellectual Property Rights
The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to mark et cap or its software or content suppliers. mark et cap grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at info@mark-et-cap.com.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, mark et cap hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Service (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.
You agree that mark et cap may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).10
Technology Disclaimer
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by mark et cap. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You are responsible for providing the software, Internet connections, and/or other equipment or services that you need to download, install, and use the mark et cap Browser Extension. We do not guarantee that the mark et cap Browser Extension can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the mark et cap Browser Extension will be available in any particular geographic location.
mark et cap cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. mark et cap cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Prohibited Activities
You represent, warrant, and agree that you will not use the Service or interact with the Service in a manner that:
If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Service.
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. MARK ET CAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
MARK ET CAP MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MARK ET CAP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
Notification Disclaimer
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. mark et cap does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that mark et cap shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.
Limitations on mark et cap’s Liability
MARK ET CAP SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF MARK ET CAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MARK ET CAP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MARK ET CAP SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of mark et cap
You shall defend, indemnify and hold harmless mark et cap and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.
Ending your Relationship with mark et cap (and vice versa)
This Agreement will continue to apply until terminated by either you or mark et cap as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by uninstalling mark et cap’s browser extension and stop visiting our Website and using the Service.
mark et cap may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information.
Governing Law and Forum for Disputes
This Agreement, and your relationship with mark et cap under this Agreement, shall be governed by the laws of the State of Massachusetts in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with mark et cap, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case mark et cap may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, mark et cap is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with mark et cap, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like mark et cap, being asked to remove user generated material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, contact us at info@mark-et-cap.com. To learn more about the DMCA, visit here.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if mark et cap does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which mark et cap has the benefit of under any applicable law), this will not be taken to be a formal waiver of mark et cap rights and that those rights or remedies will still be available to mark et cap.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
The term "including" in this Agreement means "including but not limited to."
Contact Us
Mark Et Cap welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at info@mark-et-cap.com.