Terms and Conditions

Last Update

These Terms of Use were last updated and are effective as of May 1, 2023.

Terms of Use

Welcome to www.marketprophit.com, the website for Market Prophit LLC (the "Website"). On these pages, "we" and "Market Prophit" mean Market Prophit LLC, a Delaware limited liability company. If you visit www.marketprophit.com and/or sign up for an account through the Website, you accept and agree to these terms of use (hereafter, the “Terms of Use”) and all policies posted on our Website, including our Privacy Policy.

Please read the following Terms of Use carefully. We may change or update these Terms of Use at any time. If we do so, we will post the revised Terms of Use on the Website. The date of the most recent revision will always be shown at the top of the Terms of Use. Please review our Terms of Use as often as you feel necessary, because each use of our Website is your confirmation that you agree with and accept the most recent version of these Terms of Use. If you do not agree with our current Terms of Use, please do not use this Website.

Privacy Policy

Market Prophit respects your privacy and the security of your personal information. We encourage you to read the Privacy Policy that is found on the Website so that you understand how we collect and use your information and can make informed choices about using our Website.

Registration

To access certain services made available by Market Prophit, you may need to be or become a Market Prophit user by registration. When and if you register, you must provide accurate, current and complete information about yourself as prompted by the appropriate on-line registration form. You must also update this information to maintain its accuracy and completeness. We reserve the right to terminate your use of our Website if any of this information provided by you is untrue, inaccurate, not current or not complete.

As part of our registration process you will be asked to provide certain information, such as your name, your email address (which may be your login) and your payment information, and you will be asked to select a password. In addition, you may be asked to provide non-personally-identifiable information related to your use of the Website. You may not transfer or sell your use of or access to this Website to any third party. Your login email address and password should be kept confidential. You will be fully responsible for all use of your login email address and password and for any actions that take place using such login email address and password.

Fees and Payments

If you register for a paid version of our services provided through the Website, you agree to pay the subscription fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing additional premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal period. Unless we state in writing otherwise (including in the Cancellation and Renewal section below), all fees and charges are nonrefundable. We may change the applicable fees and charges, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, please update your registration and payment information on the Website. If your credit card expires or your payment method is otherwise invalid, your subscription will be terminated and you will be notified by email of steps you may take to reactivate your subscription. If you believe someone has accessed the Website using your login email address and password without your authorization, please contact us at the address set forth below in the Contact Us section. You are responsible for any fees or charges incurred to access the Website through an Internet access provider or other third-party service. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.

Cancellation and Renewal

If you register for the Website, your subscription will renew automatically, unless it is cancelled in accordance with this section. If you upgrade or downgrade your subscription to a new subscription level, it will be treated as a termination of your subscription (at the old level) and commencement of a new subscription (at the new level). For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. We may cancel your subscription at any time by notifying you. You may cancel your subscription through your account on the Website. We do not accept cancellations by mail or email. Upon a cancellation of your registration, access to the Website’s content and services will end immediately and you will receive a refund of any amounts paid for future periods, prorated to the day of termination.

Trial Period Offers; Promotions

We may occasionally offer trial periods or other promotions. The specific terms of each trial period and promotion are stated at the time the trial period or promotion is offered. Each trial period and promotion may be different. Unless we notify you otherwise, if you are participating in any trial period or promotion, you must cancel the service by the end of the trial period or promotional period to avoid incurring additional charges. If you do not cancel your service prior to the end of the trial period or promotional period, your account will automatically convert to a paid subscription at the end of the trial period or promotional period, and you authorize us to charge your credit card or other payment method for all subscription fees and any other charges incurred in accordance with the Fees and Payments section set forth above.

Trademarks and Copyrights; Third Party Content

The Market Prophit name and all other logos, slogans, trademarks, service marks, or trade dress on this Website that reference Market Prophit products and services, and all stylized versions of the foregoing, whether registered or unregistered, are owned by Market Prophit LLC. All other trademarks on the Website are the property of the respective trademark owners. All charts, graphs, data visualizations, information, analyses, blog entries, FAQs, datasheets, articles, photographs, press releases, designs, web pages, and source code included in the Website are copyrighted or licensed by Market Prophit (collectively, the "Market Prophit Content") and are protected by United States and international copyright laws. Certain information and content available on the Website may be licensed from third parties ("Third Party Content"). These third-parties may have additional restrictions, terms and conditions governing use of their Third Party Content, and by utilizing such Third Party Content on the Website you agree to comply with those third-party restrictions, terms and conditions. We exercise no control over these third-parties, and we expressly disclaim any responsibility for Third Party Content including the accuracy of such information provided by these third-parties. For example, you might connect your cryptocurrency wallet managed by a third-party wallet provider with your account on this Website. In that case, the third-party wallet provider’s terms and conditions apply to your wallet, and you acknowledge Market Prophit does not have custody or control over the contents of your wallet. Material from the Website, including the Market Prophit Content and the Third Party Content, may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Market Prophit or if Third Party Content, without the prior written consent of such third-party licensor. Unauthorized use of any material on the Website or any Market Prophit or third-party trademarks is prohibited by law.

Market Prophit and its third-party licensors may also have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Market Prophit Content and the Third Party Content, and Market Prophit and such third-party licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided above or in a written agreement between you and Market Prophit, the furnishing of the Market Prophit Content does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of Market Prophit or any Third Party Content.

Market Prophit grants you permission to use the Market Prophit Content, other than Third Party Content, provided that: (a) you do not modify the Market Prophit Content; (b) your use of the Market Prophit Content is for informational, personal, and non-commercial purposes only and the Market Prophit Content will not be posted on any network computer or broadcast in any media (other than as specifically allowed by Market Prophit); and (c) you will retain copyright notices and other proprietary notices on any Market Prophit Content that you post. Market Prophit may revoke this permission at any time and, if it does so, you agree to stop using the Market Prophit Content immediately. Use for any purpose other than as provided in clause (b), above, is expressly prohibited by law.

User Obligations

You may use the Website only in accordance with these Terms of Use. By using the Website, you represent, warrant and covenant that:

(a) You will not use, or allow the use of, the Website in contravention of any federal, state or other applicable laws, including, without limitation, any laws or regulations governing the export of computer software.

(b) You are solely responsible for the equipment, operating platforms, Internet access and software (other than software provided by us, if any) that may be necessary to use the Website. You will also provide, at your own cost and expense, all connections from your computer system to the Website. You acknowledge that we disclaim any responsibility for the compatibility of the Website with your facilities, software, data, files, communications, protocols and equipment, and you expressly release us from any liability you may incur as the result of any such incompatibility.

(c) Notwithstanding any assistance, testing or trouble-shooting rendered by us in enabling you to use the Website, you retain full and sole ultimate responsibility for ensuring that your systems and means of communicating with the Website are compatible with the Website and that your and your systems’ use the Website do not fail and are error free. You shall not introduce any computer program to the Website which is injurious or damaging to the Website or the data contained therein.

(d) The information you supply in during the registration process and all other information provided by you is accurate, complete and truthful, and you have, and will continue to have, the right and authority to enter such information in the manner contemplated hereby.

(e) You will not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Market Prophit in connection with the Website.

(f) You will not scrape, harvest or extract data from the Website, and you shall not access, collect or index through automatic processes, any data or content from the Website.

(g) You will not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website, including, without limitation, the use of any virus, bots, worm, trojan horse, time bomb, trap door, denial of service attack, automated repetitive requests for information, or any other device that causes damage to any hardware, software, or equipment used in connection with the Website.

(h) You will not transmit, or procure the sending of, any advertising or promotional material, including any spam or any other similar solicitation.

(i) You will not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Submissions and Communications

Through the Website we collect non-personally-identifiable information from surveys, prediction requests or other requests for information (collectively, "User Content"); provided, that, User Content shall not include any Third Party Content.

We will use the User Content that we collect from and about you for various purposes, including for registration and validation purposes, responding to your requests, providing you with additional information about Market Prophit, improving our Website, and customizing your experience on our Website. We may also use User Content to create, distribute and/or sell certain non-personally-identifiable information and aggregate statistics derived therefrom, as described more fully in the Privacy Policy and in accordance with these Terms of Use. We value your privacy and will not sell your personal information (name, mailing address, email address, telephone number or credit information, if collected) to third parties.

By submitting User Content through the Website you represent and warrant that you have the right to grant, and do grant, Market Prophit a non-exclusive, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, sell, make available on the Website and create derivative works of any User Content (in whole or in part) and to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright, or other proprietary rights of any party that may exist in such User Content, for any purposes. You understand that any User Content you submit may be made available on the Website, in whole or in part, even after your use of the Website terminates. Under no circumstances will Market Prophit be required to treat any User Content as confidential, except to the extent that the Website's Privacy Policy applies. Market Prophit will be entitled to use the User Content in any manner consistent with the Website's Privacy Policy without compensation to you or any other person. For the avoidance of doubt, Market Prophit will not be liable to you or any other person for any ideas (including, without limitation, product designs) derived from the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of Market Prophit.

Links

The Website may include links to other websites that are not owned or operated by Market Prophit and may also include information and material that relate to products and services provided by third party service providers. You acknowledge that Market Prophit is not responsible for the operation of, or content located on or through, any third-party website. The inclusion of a link to such website does not imply endorsement by Market Prophit. Viewing of any website linked to the Website is at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless Market Prophit and its subsidiaries, divisions, and affiliates, and each of their officers, managers, directors, representatives, agents, and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation, any and all liability or loss arising out of any action taken in reliance on Market Prophit Content or Third Party Content, including but not limited to market value or other loss on the sale or purchase of any cryptocurrency, company, property, product, service, security, instrument, or any other matter, or with respect to any claim arising out of any User Content that you submit, or breach or alleged breach of any of your obligations set forth in these Terms of Use. Market Prophit reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of Market Prophit. You shall cooperate as fully as reasonably required in the defense of any claim.

Site Disclaimer

The Website, including all Market Prophit Content and Third Party Content on the Website, is provided on an "as is" and "as available" basis. Use of the Website is at your own risk. Market Prophit is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. The Website is not intended to provide tax, legal or investment advice, and nothing on the Website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. You are solely responsible for determining whether any cryptocurrency, investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. Always consult your investment advisor, attorney or tax professional regarding any investment and your specific legal and tax situation.

THE MARKET PROPHIT CONTENT AND THE WEBSITE ARE TO BE USED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND THE WEBSITE DOES NOT PROVIDE ANY INVESTMENT ADVICE. MARKET PROPHIT, ITS SUBSIDIARIES, AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON MARKET PROPHIT CONTENT OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO MARKET VALUE OR OTHER LOSS ON THE SALE OR PURCHASE OF ANY COMPANY, PROPERTY, PRODUCT, SERVICE, SECURITY, INSTRUMENT, OR ANY OTHER MATTER. YOU UNDERSTAND THAT AN INVESTMENT IN ANY SECURITY IS SUBJECT TO A NUMBER OF RISKS, AND THAT DISCUSSIONS OF ANY SECURITY PUBLISHED ON THE WEBSITE WILL NOT CONTAIN A LIST OR DESCRIPTION OF RELEVANT RISK FACTORS.

THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MARKET PROPHIT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MARKET PROPHIT CONTENT OR THIRD PARTY CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MARKET PROPHIT CONTENT DOWNLOADED OR ACCESSED THROUGH THE WEBSITE IS DOWNLOADED OR ACCESSED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR ACCESS.

Limitation of Liability

Market Prophit will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, caused by the Website or any Market Prophit Content or Third Party Content on the Website or any use of or inability to use the Website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance, or computer virus, even if an authorized representative of Market Prophit has been advised of the possibility of such damages. Market Prophit will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third-party website.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MARKET PROPHIT AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO MARKET PROPHIT FOR YOUR SUBSCRIPTION IN THE PREVIOUS TWELVE (12) MONTHS LEADING UP TO THE ACTION OUT OF WHICH LIABILITY AROSE.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users.

Termination

Market Prophit may, in its sole discretion, for any reason or no reason, at any time terminate your access to the Website and any password you may have in connection with the Website and remove your personal information from the Website.

DMCA

Market Prophit processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to: Market Prophit LLC, Attn: Copyright Agent, 127 W 83rd Street, PO Box 89, New York, NY 10024-9998, or by e-mail at: [email protected]. The words “Notice of Infringement” should be put in the subject line of all such notifications. Market Prophit will respond to all notifications of claimed infringement of intellectual property rights in accordance with applicable laws.

Miscellaneous

This Agreement constitutes the entire agreement between you and Market Prophit regarding your use of the Website and supersedes all prior agreements or communications. This Agreement may not be assigned or transferred by you without our written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign this Agreement at any time to any direct or indirect subsidiary or to any successor of ours that is established or prepared to provide the services described herein. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in the State of New York. Any court of competent jurisdiction sitting within New York County, New York, will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Contact Us

If you have any comments or questions about these Terms of Use, please feel free to contact us at:

Market Prophit LLC
127 W 83rd Street
PO Box 89
New York, NY 10024-9998
Or by email at: [email protected]