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Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use (this “Agreement”) govern your use of the websites, mobile sites, applications, newsletters, digital publications, content feeds, emails, features, tools, databases, events, and other products or services made available by Wall Street Times, Inc. and its affiliates (“Wall Street Times,” “we,” “us,” or “our”) from time to time (each, a “Service” and collectively, the “Services”), unless separate terms expressly apply.
Examples of Services covered by this Agreement may include the Wall Street Times website, newsletters, member-only articles, premium reports, event registration pages, archives, multimedia content, comment areas, mobile experiences, and any related products or services made available directly by Wall Street Times or through third-party platforms and devices.
IMPORTANT NOTICE – ARBITRATION AND CLASS ACTION WAIVER: PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY CONSTITUTE A LEGAL AGREEMENT AND AFFECT YOUR RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE THAT MOST DISPUTES BETWEEN YOU AND WALL STREET TIMES WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, EXCEPT FOR CERTAIN LIMITED DISPUTES DESCRIBED BELOW. YOU ALSO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
If you do not agree to these Terms of Use, do not access or use the Services. By accessing or using any Service, whether or not you are a paid subscriber or registered user, you agree to be bound by this Agreement.
We may change this Agreement at any time by providing notice to you electronically or otherwise, including by email or by posting an updated notice on a Service. Updated terms will be posted on the applicable legal or terms page of the relevant Service.
Your continued use of any Service after any changes become effective constitutes your acceptance of the revised Agreement.
Wall Street Times is based in the United States, and the Services are provided from the United States. We make no representation that the Services or any text, graphics, images, video, audio, newsletters, design elements, metadata, databases, layout, branding, trademarks, service marks, trade dress, or other content made available through the Services (collectively, the “Content”) are appropriate or available for use in every jurisdiction.
You agree to comply with all laws, rules, and regulations applicable to your use of the Services.
Our Privacy Notice explains how we collect, use, share, and protect your personal information. By using a Service, you acknowledge that your information may be stored and processed in the United States and other countries where we or our service providers operate.
If your access to a Service is provided by or through a third party, such as your employer, educational institution, corporate sponsor, or another organization (a “Third Party Payer”), that party may provide us with information about you, such as your name or email address, in order to enable access and administration.
If you create an account or use login credentials, you are responsible for maintaining the confidentiality of your password and account information. You agree to notify us promptly of any unauthorized use of your account or any change to your contact or billing information.
You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase a subscription or other paid product or service through the Services.
You agree to pay all applicable subscription fees, charges, and taxes incurred in connection with your account at the rates in effect when the charges are incurred. Unless otherwise stated, subscription fees are billed in advance at the start of the subscription period and at each renewal term.
Unless prohibited by law, fees and charges are generally non-refundable. We may, in our sole discretion, issue a refund, partial refund, or credit, but we are under no obligation to do so in the future.
We may change fees, add new charges, or change billing methods upon advance notice to you where required by law. You are responsible for keeping your payment information current.
You are also responsible for any costs charged by your internet service provider, mobile carrier, or other third party in connection with your access to the Services.
This Agreement remains in effect while you use the Services. If you purchase a subscription, it will renew automatically unless you cancel before the renewal date, unless otherwise specified at the time of purchase or prohibited by law.
You may cancel your subscription by following the cancellation procedures made available through your account, billing page, or by contacting us at letters@wallstreetstimes.com. We may cancel your subscription or access at any time as permitted by law and this Agreement.
If you cancel, your paid access generally continues through the end of your current billing term unless otherwise stated. If we terminate your subscription or account for breach of this Agreement, we may suspend or terminate access immediately.
After cancellation or termination, you may retain only whatever access to free or publicly available portions of the Services we choose to make available.
Any provisions of this Agreement that by their nature should survive termination or expiration will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
By subscribing to a Service, you also agree to any additional subscription terms, offers, trial terms, refund policies, or billing disclosures presented to you at the time of purchase.
We may update subscription policies from time to time. Those policies are incorporated into this Agreement by reference.
If you access a Service through a mobile app store, device manufacturer, social platform, or other third-party platform, additional terms from that third party may apply. In the event of a conflict between those terms and this Agreement, this Agreement governs your relationship with Wall Street Times to the fullest extent permitted by law.
We may use third-party payment processors to process purchases, subscriptions, or event registrations. Those processors may impose their own terms and privacy policies, and you agree that your use of their services may be subject to those additional terms.
If your access is provided by a Third Party Payer, retailer, promotional partner, bundled offering, event organizer, or another third party, some payment, renewal, cancellation, or refund terms may differ. In those cases, the applicable third-party arrangement may govern certain aspects of your access.
If you access the Services without payment, including through a free trial, promotional access period, or limited public access, this Agreement still applies except for those provisions that relate solely to paid subscriptions.
The Services and Content are for your individual, personal, and non-commercial use only unless we expressly authorize otherwise in writing.
You may not share your login credentials with any other person or allow others to access the Services through your account. You are responsible for all use of your credentials, whether or not authorized by you.
The Content is owned by Wall Street Times, our licensors, partners, or advertisers and is protected by copyright, trademark, and other intellectual property laws.
Unless expressly permitted by this Agreement, you may not reproduce, distribute, republish, sell, license, display, retransmit, modify, create derivative works from, or otherwise exploit any Content.
You may occasionally download or print individual articles or pages for your own personal, non-commercial use, provided that you keep all copyright and proprietary notices intact.
You agree not to:
Any unauthorized use may result in suspension or termination of access and may also subject you to civil or criminal liability.
Some Services may permit comments, letters to the editor, public profiles, discussions, survey responses, submissions, or other forms of user-generated content.
When using community features, you agree not to post content that is unlawful, defamatory, threatening, harassing, obscene, infringing, deceptive, spammy, impersonating, invasive of privacy, or otherwise objectionable.
We may, but are not obligated to, review, moderate, remove, edit, or refuse user-generated content at any time and for any reason.
If you submit or post any content to a Service (“User Content”), you represent and warrant that you own or control all rights necessary to submit it and that it does not violate any law or third-party right.
By submitting User Content, you grant Wall Street Times and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, host, reproduce, distribute, adapt, modify, publish, translate, publicly perform, publicly display, and create derivative works from that User Content in any media now known or later developed, with or without attribution, for purposes related to operating, promoting, improving, and providing the Services.
You waive, to the extent permitted by law, any moral rights you may have in such User Content.
We may remove content alleged to infringe intellectual property rights and may terminate repeat infringers. If you believe content on the Services infringes your copyright, you may contact us with a proper notice at letters@wallstreetstimes.com.
From time to time, we may offer subscribers or registered users additional benefits such as access to events, special editorial products, discounts, promotions, or partner offers. Such benefits may be modified, suspended, or discontinued at any time.
Unless explicitly stated otherwise, these benefits are provided on an as-available basis and may be subject to additional terms.
We, our advertisers, or our partners may offer contests, sweepstakes, giveaways, or promotions through the Services. Any such promotion may be governed by separate rules, eligibility requirements, and disclosures, which will be made available in connection with that promotion.
The Services may contain links to third-party websites, products, services, software, or content. We do not control and are not responsible for any third-party content, functionality, offers, or privacy practices.
Your interactions with third parties are solely between you and the third party. You should review their terms and privacy notices before using them.
THE SERVICES AND ALL CONTENT, FEATURES, PRODUCTS, TOOLS, BENEFITS, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHTRENDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHTRENDS AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO TECHTRENDS FOR THE APPLICABLE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $100.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless TechTrends and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, your User Content, and any violation of these services.
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship between you and TechTrends (each, a “Dispute”), the party seeking relief must first send the other party a written notice describing the Dispute, including the sender’s name, address, contact information, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”).
Dispute Notices to TechTrends must be sent to:
TechTrends, Inc.
Attn: Legal Department
Boston, Massachusetts, USA
Email: letters@techtrends.com
For a period of sixty (60) calendar days after receipt of a Dispute Notice, the parties agree to attempt in good faith to resolve the Dispute informally. This period may be extended by mutual agreement. During this time, any applicable statute of limitations or filing deadlines will be tolled to the extent permitted by law. Either party may request an informal dispute resolution conference, which both parties agree to attend personally, by videoconference or other mutually agreed means.
Compliance with this Section 16.1 is a condition precedent to initiating arbitration or a small claims action. If the Dispute is not resolved within the 60-day period, either party may proceed as set forth below. This Section 16.1 does not apply to disputes involving intellectual property rights or claims relating to unauthorized access to, scraping of, or misuse of TechTrends content or services.
Except as otherwise provided in Sections 16.3 and 16.4, and except for claims involving intellectual property, claims relating to unauthorized use of TechTrends content or services, and claims that qualify for small claims court (collectively, “Excluded Claims”), all Disputes shall be resolved by binding individual arbitration.
BY AGREEING TO ARBITRATION, YOU AND TECHTRENDS EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY FOR ALL DISPUTES OTHER THAN EXCLUDED CLAIMS. Arbitration is before a neutral arbitrator, not a judge or jury, and court review of an arbitration award is limited.
To the fullest extent permitted by applicable law, you and TechTrends each waive the right to a jury trial and waive the right to bring or participate in any class action, class arbitration, private attorney general action, or other representative proceeding.
All Disputes must be brought solely in an individual capacity and not as a plaintiff or class member in any purported class or representative action.
If this class action waiver is found unenforceable as to any claim or request for relief, then that claim or request for relief shall proceed in court and not in arbitration, and the remainder of this Section 16 shall remain enforceable to the fullest extent permitted by law.
You and TechTrends agree that neither party may participate in a Mass Arbitration Filing. A “Mass Arbitration Filing” means a situation in which twenty-five (25) or more substantially similar arbitration demands are filed against the same party by the same law firm, group of law firms, or coordinated counsel within a 180-day period, and those claims are intended to be arbitrated in a coordinated or simultaneous manner.
No arbitrator shall have authority to hear or administer any Mass Arbitration Filing. If this waiver is found to be unenforceable, then the affected Disputes shall proceed in court, subject to the class action waiver in Section 16.3 to the fullest extent permitted by law.
All arbitrations shall be filed with and administered by JAMS under its applicable Streamlined Arbitration Rules and Procedures, as modified by this Agreement. The arbitration demand must be personally signed by the party initiating arbitration and must certify compliance with Section 16.1.
The arbitrator may award any relief available under applicable law on an individual basis and may award sanctions or other relief for claims or conduct deemed frivolous or brought for an improper purpose.
Except for issues relating to the interpretation, applicability, or enforceability of the class action waiver or mass arbitration waiver in Sections 16.3 and 16.4, which shall be decided by a court of competent jurisdiction, the arbitrator shall decide all issues relating to the Dispute, including arbitrability.
This Agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
You may request an in-person arbitration hearing in the county or parish where you reside, or arbitration may proceed by video, telephone, written submissions, or in another mutually agreed format, consistent with applicable JAMS rules.
If the arbitrator determines that the costs of arbitration would be prohibitive compared to litigation in court, TechTrends will pay as much of the filing fees and arbitrator fees as the arbitrator determines is necessary to prevent arbitration from being cost-prohibitive, subject to applicable JAMS rules.
You may opt out of this arbitration agreement by sending written notice of your decision to opt out within thirty (30) days after first becoming subject to this arbitration provision. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.
Opt-out notices must be sent to:
TechTrends, Inc.
Attn: Legal Department
Boston, Massachusetts, USA
Email: letters@techtrends.com
If you opt out of arbitration, all other parts of this Agreement will continue to apply, including the class action waiver to the fullest extent permitted by law unless otherwise prohibited.
Judgment on any arbitration award may be entered in any court of competent jurisdiction.
Except as otherwise expressly provided in this Agreement, this Agreement constitutes the complete and exclusive agreement between you and TechTrends regarding your use of the Services and supersedes all prior or contemporaneous communications, understandings, and agreements, whether oral or written, relating to the Services.
We may modify, suspend, discontinue, or restrict access to any part of the Services at any time, with or without notice, subject to applicable law.
This Agreement is personal to you and may not be assigned or transferred by you without our prior written consent. TechTrends may assign or transfer this Agreement, in whole or in part, without restriction.
No third party is a beneficiary of this Agreement except as expressly stated herein. All rights not expressly granted to you are reserved by TechTrends and its licensors.
Any failure by TechTrends to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision.
TechTrends shall not be liable for any delay, interruption, or failure in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, embargoes, pandemics, governmental actions, interruptions in telecommunications or internet services, cyberattacks, power outages, shortages of materials or transportation, or other events beyond our reasonable control.
Subject to Sections 16.3 and 16.4, if any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
Wall Street Times uses cookies and similar technologies. Please review the Wall Street Times Cookie Notice for more information about our use of cookies and related technologies.
Certain content, features, tools, data feeds, newsletters, services, or third-party materials made available through the Services may be subject to additional terms, conditions, or notices, which are incorporated into this Agreement by reference where applicable.
This Agreement, and any Dispute arising out of or relating to this Agreement or the Services, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
For any Dispute not subject to arbitration, including Excluded Claims, or for any matter where arbitration is found unavailable or unenforceable, the exclusive jurisdiction and venue shall be the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
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