Terms and Conditions
Thank you for using Pleasant Bay Analytics’ (“PBA’s”) subscription based services. The investment research and services provided herein are subject to these terms, conditions, limitations and our written agreement outlined below. If you do not agree with these terms and conditions, do not use the service and immediately stop your subscription service.
Company: Pleasant Bay Analytics, LLC (“PBA”)
Subscriber: An individual subscribed to the PBA’s services and thereby assumes responsibility for the payment of charges and compliance with these terms and conditions.
Service(s): Any or all services provided by PBA pursuant to this guide of terms and conditions.
2.0 Copyright and Trademark Notice
This Service is the property of PBA and may only be displayed, formatted and printed for your personal use. All other copyrights and service marks referred to are those of their respective owners. MinusMarket and Rainbow Charts are trademarks and cannot be used without written permission for any reason whatsoever. PBA is the owner of all intellectual property, including the content produced on its Website. These ownership rights extend to even those unknown or unrealized by current laws. Any graphics, titles, layout, information, email newsletters, training courses, manner of doing business, etc. contained on the website is fully protected by copyright and trademark law. WARNING: Unauthorized use or a violation of these terms will result in severe consequences for perpetrators and prosecution to the fullest extent of the law.
3.0 Limitations of Service
(a) PBA reserves the right to discontinue or limit service when necessitated by conditions beyond its control or when service is used in violation of these terms and conditions. (b) PBA reserves the right to refuse credit cards when authorization cannot be validated. (c) PBA reserves the right to impose requirements, as required, to meet changing regulatory rules and standards. (d) PBA reserves the right to add, change, or delete services at any time. (e) PBA shall not be held liable for errors in data transmission, cyber-terrorism or theft, server or Website outages, or failure to establish connections. (f) PBA may rely on third parties to provide a portion of service. Selection of third party vendors is at the sole discretion of PBA and the company reserves the right to change vendors at any time. (g) PBA is a data provider and does not render investment advice on securities of any kind. (h) PBA is not acting as a broker/dealer or investment advisor to subscribers and subscription fees do not constitute a management fee or fee for advice. (i) It’s the sole responsibility of subscribers to self-determine their own risk tolerance and suitability of PBA’s research and services. (j) It’s the sole responsibility of subscribers to manage their own portfolio as PBA does not manage subscriber portfolios as part of this service agreement. (k) PBA does not make any warranties or representations about the safety or suitability of its portfolio subscription services. (l) PBA shall not be held liable for any losses due to portfolio or market performance or buy/sell transactions that subscribers make. (m) PBA reserves the right to terminate the service of nonpaying subscribers or subscribers that abuse or violate these terms and conditions. (n) Subscribers assume both the cost and risk of any investing or the trading they decide to undertake. (o) PBA shall not be held liable for any absence of material on its Website or for data calculation errors. (p) PBA does not make any guarantees, warranties or representations about the performance of its portfolios or that subscribers are likely to achieve profits or losses similar to those shown. Past performance does not indicate or guarantee future results. (q) PBA’s portfolios do not constitute a solicitation of investment services, advice or a solicitation to buy/sell securities. (r) Read the prospectus for information on investment objectives, risks, charges, expenses, and other important data. PBA encourages subscribers to use educational resources provided by the Securities and Exchange Commission (SEC) www.sec.gov and the Financial Industry Regulatory Authority (FINRA) www.finra.org.
4.0 Code of Conduct
Subscriber agrees not to reproduce, distribute, sell, publish, broadcast, or circulate any information, research, charts, website pages or drawings received through us to anyone without our prior written consent. You may not post any content from this website, our newsletter, email alerts, message boards, reports, and all other content we offer to news groups, mail lists or electronic bulletin boards, or to other individual(s) or parties without prior written consent. Subscriptions are provided on an individual basis. No passcode sharing is allowed, unless permission is granted in writing by PBA. The subscription website is monitored closely to watch for any unauthorized use. At any time, PBA may cancel the membership, with or without cause, or notification if a violation of this agreement is suspected and no refund will be given. While visiting the Website, you agree not to: Restrict or inhibit any other visitor or member from using any product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the PBA Website; Use any product or service for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted); Engage in spamming; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of PBA’s products or information; Remove any copyright, trademark, or other proprietary rights notices contained at PBA; “Frame” or “mirror” any part of the PBA services without prior written authorization; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any product or service or its contents; Harvest or collect information about visitors to or members of PBA serviced without their express consent; or Permit anyone without an account or subscription to use any product or service through your subscription, user name or password.
5.0 Assignment or Transfer
PBA controls all services provided under these terms and conditions and the subscriber may not transfer or assign the use of services without the express written consent of PBA. Consent shall be PBA’s sole discretion.
6.0 Subscription Rates and Renewals
PBA reserves the right to modify its subscription fees and services at any time, as well as the terms and conditions under which they apply. All annual subscriptions automatically renew in 12 months, unless applicant indicates otherwise by contacting info@PleasantBayAnalytics.com and opting out of this feature. All monthly subscriptions automatically renew on a monthly basis unless subscriber opts out of this feature. PBA does not provide pro-rated refunds for subscribers that use promotional offers or discounts to any of its subscription services.
7.0 Cancellation of Subscription
Subscriber may cancel their annual subscription at any given time via mail, e-mail (support@PleasantBayAnalytics.com) or phone, if such action does not conflict with section 6.0 of the said terms of agreement. Upon cancellation of an annual subscription, the subscriber will receive a pro-rated refund based on the unused portion of the subscription. Subscriber may cancel their monthly subscription at any time after a 3-month commitment period from date of sign up. PBA does not provide pro-rated refunds for monthly subscriptions. PLEASE NOTE THAT UNSUBSCRIBING FROM ANY OF PBA’s E-MAIL COMMUNICATION (free newsletter or e-mail updates) DOES NOT CONSTITUTE A CANCELLATION, it merely removes the e-mail address from the database.
8.0 Disclaimer of Warranties & Other Disclosures
Except as these terms and conditions state, PBA and its affiliates expressly make no express or implied warranties about its services and disclaims the implied warranties of title, merchantability, or fitness for a particular purpose. PBA does not authorize anyone to make a warranty on PBA’s behalf and subscriber may not rely on any statement of warranty as coming from PBA or its affiliates. At any given moment, PBA’s employees, contributors, and owners may or may not have positions in specific securities mentioned in the subscription service.
9.0 Force Majeure
PBA shall not be held liable for any failure of performance hereunder, if such failure is due to any cause or causes beyond PBA’s reasonable control. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, terrorism, natural disaster, cybertheft, or other similar occurrence, or any law, order, regulation, direction, action, or request by the U.S. or other government, civil, or military authority, national emergencies, insurrections, riots, wars, labor strife, or supplier failures. PBA will be excused from performance during the period of such interference, provided that PBA uses all reasonable efforts available to avoid such event. If delaying of service occurs for more than 15 business days, subscriber or PBA may terminate the affected service. This section shall not operate to excuse the payment of money.
10.0 Indemnification; Governing Law; Jurisdiction:
You agree to defend, indemnify, and hold us, our employees, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorney’s fees), in connection with or arising from your breach of this Agreement. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. As an implied condition of use of the services provided, PBA has the sole right to choose the proper forum and/or jurisdiction for any proceeding and may, at its own option, require each party to submit to alternative forms of dispute resolution such as determined necessary and/or desirable by the company.
YOU AGREE THAT IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS LEGAL AGREEMENT, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PBA FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SUBSCRIPTION SERVICES OR ANY SERVICE OFFERED BY THE PBA WEBSITE.