Please please please read these TOU carefully. By using any of our Services, You agree to comply with these TOU. If You do not agree to the terms and conditions contained in the TOU, You agree not to use the Services, and We do not consent to provide You with access to the Services. In addition, when using any of our Services, You, Moneyball Economics and its parent company, Crowdability, Inc., its business units, subsidiaries and affiliates ("Moneyball Economics," "We," "Our," or "Us") shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
You also understand and agree that the Services may include certain communications from Moneyball Economics, such as service announcements and administrative messages that You may not be able to opt out of receiving.
We may periodically change the Terms without notice, and You are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon Our posting to the Site, and any use of the Site after such revisions have been posted signifies Your consent to the changes.
HOW YOU MAY USE OUR MATERIALS
We use a diverse range of information, text, photographs, designs, graphics, images and other materials on the Moneyball Economics site. We provide the information and content (which we collectively call the "Materials") on the Moneyball Economics site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
Accordingly, You may view, use, copy, and distribute the Materials found on the Moneyball Economics site for internal, noncommercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Moneyball Economics site. You may not use the Moneyball Economics site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Moneyball Economics, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR MARKS
The Moneyball Economics company name and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Crowdability, Inc., or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any Moneyball Economics name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Moneyball Economics. Requests for authorization should be made to [email protected].
NO ENDORSEMENTS MADE BY Moneyball Economics
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity, or quality of any products, services, companies, investment opportunities, or Materials (collectively, the “opportunity” or "opportunities”), including those contained on, distributed through, or linked, downloaded or accessed from the Moneyball Economics site.
References that We make to any names, marks, products, services, companies, deals, or opportunities of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, opportunity, information or other materials displayed, invested in, or obtained by You as a result of any material or any other information in or in connection with the Moneyball Economics site.
Moneyball Economics communicates information provided and created by various third party financial sites, companies, software developers, publishers, employees, users, and other third parties. We have no control over the accuracy of such information on Our pages, and Material on the Moneyball Economics site may include technical inaccuracies or typographical errors.
We make no guarantees, nor can We be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
You should use discretion while browsing the Internet.
Moneyball Economics reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site. Where appropriate, we will endeavor to update information listed on the Site on a timely basis, but shall not be liable for any inaccuracies.
Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by Moneyball Economics or its affiliates. Moneyball Economics does not make any representations regarding the availability and performance of its Web site or any of the Web sites to which we provide links. When you click on external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by Moneyball Economics. Moneyball Economics and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.
We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites.
IMPORTANT DISCLOSURE AND DISCLAIMER REGARDING THE MATERIALS WE PROVIDE
Moneyball Economics is a publisher. Nothing on this Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by any third party. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact us seeking personalized investment advice, which we cannot provide.
To the extent any Material published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. Investors and users should consult with licensed legal professionals and investment advisors for any legal, tax, insurance or investment advice.
Moneyball Economics is not a “broker,” “dealer” or “funding portal” (as defined in Section 3(A) of the Securities Exchange Act of 1934, as amended.) Moneyball Economics does not produce in-house research, provide investment advisory services, or conduct a general retail business. Moneyball Economics is not involved in the actual transaction between any investor and the opportunities they choose to invest in, and Moneyball Economics is not responsible for any investment or other decisions made by any individual or entity in connection with any investments they may have learned about here or elsewhere.
DISCLAIMER OF WARRANTIES
The Services, and any content obtained or accessed through the Services, including without limitation third party content, is provided "as is" without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Moneyball Economics, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services.
Moneyball Economics and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, third party content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Moneyball Economics and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of Moneyball Economics or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the Site, the content contained therein, and Materials provided through the site, are entirely at Your own risk. Moneyball Economics and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, 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 breach of these Terms, Your violation of any law, or Your violation of the rights of a third party, including the infringement by You of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
Under no circumstances shall Moneyball Economics be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
LIMITATION OF LIABILITY
Moneyball Economics DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, MATERIALS, OR OPPORTUNITIES OBTAINED THROUGH, POSTED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL Moneyball Economics BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Moneyball Economics IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. Moneyball Economics DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, MATERIALS OR OPPORTUNITIES DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on Moneyball Economics infringes Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, Moneyball Economics, 1125 N. Charles Street, Baltimore, Maryland 21201; email: [email protected], with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf. Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.