PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH MARKETCALL ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
These Terms of Use governs your use of the MarketCall, Inc. (“MarketCall”) websites, including www.marketcall.net (each a “Site”). By using the Site, you agree, without limitation or qualification, to be bound by these Terms of Use and the MarketCall Privacy Policy. If you do not agree, please do not use the Site.
MarketCall may revise these Terms of Use at any time. Your continued usage of the Site will mean you accept those changes, and you agree comply with all applicable laws and regulations. The materials provided on the Site are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “You,” “Your,” “User,” and “Users,” as used herein, refer to all individuals and/or entities accessing the Site for any reason.
You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, You represent and warrant to MarketCall that You are 18 years of age or older, and that You have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant to MarketCall that You will use the Site in a manner consistent with any and all applicable laws and regulations.
The content on the Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from MarketCall’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with MarketCall. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of MarketCall or its licensors.
Except as permitted by United States copyright law, you may not reproduce or communicate any of the content on the Site, including files or images that may be downloadable from the Site, without the permission of MarketCall. All rights not expressly granted herein are reserved to MarketCall and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms of Use, MarketCall grants a non-exclusive limited, non- transferable license to use the Site. You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Site. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by MarketCall that replace and/or supplement the original Site, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without MarketCall’s written permission, “mirror” any Contents contained in the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. MarketCall reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
The personal information you submit to MarketCall is governed by the MarketCall Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
Except as provided under Submission of Ideas (below), MarketCall does not claim ownership of any information or material a user provides to MarketCall or posts, uploads, input, submits, or transmits through a Site (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of MarketCall, exposes MarketCall or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by MarketCall. If you make a Submission, you automatically grant — or warrant that the owner of such content has expressly granted — MarketCall a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, MarketCall is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. MarketCall is not responsible for the consequences of any Submission. MarketCall is not responsible for screening or monitoring Submissions made through a Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, MarketCall may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. MarketCall will have no liability or responsibility to users for performance or nonperformance of such activities.
MarketCall reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.
MarketCall policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to MarketCall through a Site or otherwise shall be the property of MarketCall, and may be treated by MarketCall as non- confidential information. MarketCall shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
The use of the Site or the Contents is at your own risk. The Contents in the Site could include technical inaccuracies or typographical errors. MarketCall may make changes or improvements at any time.
THE CONTENTS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARKETCALL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MARKETCALL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETCALL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MARKETCALL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARKETCALL ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY MARKETCALL, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. MarketCall reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). MarketCall does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. MarketCall is not responsible for the Third- Party Pages or any Third-Party Applications accessed through the Site. You agree that MarketCall shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate MarketCall’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. MarketCall makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold MarketCall, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.
You agree that MarketCall may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
MarketCall makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of MarketCall and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.
These Terms of Use are governed in accordance with the laws of California, United States of America, without regard to its conflict of law provisions. You and MarketCall hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Los Angeles, California for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and MarketCall or MarketCall’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or MarketCall may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND MARKETCALL ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules- streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum- standards/.
You and MarketCall must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) MarketCall will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, MarketCall will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from the Site by contacting MarketCall (address identified below) and providing the following information:
Our address for copyright issues relating to this website is as follows:
MarketCall Inc.
155 Fair Oaks Ave Pasadena, CA 91105
Attn: Copyright
Phone: +1 (323) 455-2909
Email: info@marketcall.net
In an effort to protect the rights of copyright owners, MarketCall maintains a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of MarketCall on the Site, these Terms of Use, including MarketCall’s Privacy Policy, constitute the entire agreement between you and MarketCall with respect to the use of the Site and Contents.
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