Terms of Use
Date: February 2024
Important! The following terms of use (also “Terms” or “TOU”) govern your use of this site, and the subscription service made available by Moebs $ervices, Inc. and affiliated Moebs $ervices, LLC (collectively “M$”, “Company”, or “us”, “our”, or “we”). Please read this information carefully. By accessing this site, you are notifying us you acknowledge and accept these Terms and conditions. If you do not accept the terms, then you may not access or use the website. These Terms are subject to change by us at any time in our discretion. Your use of this site, after such changes are implemented, constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. Access to this site: you must be eighteen (18) years or older to access this web site. If you are under eighteen years of age, you are not permitted to access this web site for any reason. Because of the age restrictions for use of this web site, no information obtained by this web site falls within the child online privacy act (“COPA”) and is not monitored for that purpose.
Welcome to the M$ website! Please note M$ reserves the right to modify any of the services and information available on this website, to make changes or updates to this website, or to the services, products or programs described in this website, or to these Terms at any time without further notice.
To access this site or some of the resources we offer through it, you may be asked to provide certain details or other information. If it is a condition of your use of certain resources offered by M$ you provide certain details or other information, those details and information you submit must be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
1. M$ And Its Products And Services
M$ is well known for its research regarding the financial service industry and the information M$ generates from this research. While M$ strives to access reliable sources for its research, M$ cannot guarantee the accuracy or completeness of the sources and thereby the information M$ develops from it. The results of this research and the information M$ generates from it is the property of M$. These property rights include the following:
• Copyright
All information available through this website is the copyright-protected property of M$, or of its related company (individually and collectively, “M$”). You are allowed to exercise only certain uses of this information. The authorized uses of the information are detailed below and elsewhere in these TOU.
• Trademark
M$ has established a variety of components to identify it to the public as the source of a variety of services and products (“M$ Marks”). M$ has obtained a variety of registrations from the U.S. Patent and Trademark Office for a number of these M$ Marks. On the M$ website, the M$ Marks appear as possibly the trademarks of third parties. By reserving M$’s legal rights to these components, M$ seeks to ensure confusion in the marketplace is not created with other product- or service-providers. These marks are the property of their respective owners. You acknowledge the rights of M$ and respective third parties in those marks. You have no right or authorization to copy or use any of those trademarks, service marks, logos, or trade names in any way except to the extent it constitutes legal fair use.
• M$ provides information to the public under certain circumstances and subject to these terms and conditions.
2. Access to the Website
To use the Website, you may be assigned a user identification ("ID") and password ("Password"). You are responsible for all activity occurring through the use of your Password. In addition, you are responsible for keeping your ID and Password confidential and you agree not to disclose your ID or Password to another or others. You agree to notify M$ immediately of the suspected or actual unauthorized use, unauthorized disclosure, or theft of your Password. You agree M$ is not responsible for any loss arising from the breach by you of your obligations.
3. Information You Provide
You represent and warrant that you are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) you post or transmit for use in public areas on the Website (including without limitation posting on discussion boards or placing in announcements) (collectively, "Public Areas"). You hereby grant M$ an irrevocable, royalty free, non-exclusive worldwide license to use, copy, display, create derivative works from, and distribute any information or materials you post on Public Areas. As provided in the Privacy Policy, any submissions to Public Areas will be public and M$ is not responsible for the action of other users of the Website with respect to any information or materials you post in Public Areas. M$ is not responsible for any claims or damages relating to any inaccurate, untimely, or incomplete information you provide to M$.
4. Permitted Use of M$ Properties
Provided you are in and remain in compliance with the Terms, you are granted only a limited, non-exclusive, revocable license to access the Website and to view, download, copy, and print documents and the graphics forming a portion of content ("Materials") solely for your private, non-commercial purposes. You are not granted any right to reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any Materials or use them in conjunction with the creation, promotion, trading, or marketing of any product directed to the financial service industry without the prior, express written consent of M$. For avoidance of doubt, your use of this website is subject to the following restrictions:
1) the Materials may be used solely by you for your own personal informational, educational, or other non-commercial purposes unless otherwise expressly indicated;
2) all copies you make must properly attribute M$ as the appropriate source and include all copyright and other proprietary notices originally shown or included in the Materials;
3) you may not modify any of the materials found at this website unless otherwise expressly indicated, nor attempt to pass off any materials found at this website as your own or another;
4) you may not use, reproduce, or publicly display or perform, or distribute any of the materials within this website for any commercial or public purpose, unless you first obtain written permission from M$ to do so;
5) you may not "mirror" or "frame" any portions of this website in any other environment without prior written consent from M$; and
6) you may not display or transmit M$ RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable official M$ URL, and you may not insert any intermediate page, splash page, or other content between the M$ link and the applicable official M$ URL. You may not transmit, copy, photo make available to your employer or any other source any material including graphs or photos of any type on the website. The permission granted by M$ to you make the defined uses of the Materials is automatically terminated if you engage in conduct with respect to the Materials not authorized.
The doctrine of Fair Use provides the public with certain rights, these rights do NOT include:
1. Sharing electronic or photocopied issues in their entirety with 1 or more other individuals.
2. Distributing your login information to the website.
5. Your Conduct
Again, so there is no doubt about the scope of the permission granted to you by M$, the following further identifies what conduct is prohibited. You agree not to use the Website and Materials to:
a. use the Website to obtain access to it and the Materials for the purpose to sell or transfer any Materials to a third party;
b. restrict or inhibit any other user from using and enjoying the Website or interfere or invade the privacy of another or other users of the Website or any third parties;
c. impersonate, or otherwise misrepresent to M$ your affiliation with any other person or entity;
d. modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any Materials or content appearing on the Website;
e. post or transmit any information or software which contains a virus, Trojan horse, worm, or other harmful component;
f. copy, post, publish, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, software, component or other content or Materials obtained through the Website or any M$ services (other than as expressly permitted in these TOU);
g. reverse engineer, decompile, disassemble, or decode the Website, or otherwise derive or attempt to derive any source code or algorithms from the Website;
h. post or transmit information, content, software, components or other content onto the Website or M$ services which will infringe the intellectual property rights or other proprietary rights, of any third party;
i. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct constituting a criminal offense or give rise to civil liability;
j. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by M$) or engage in spamming or flooding;
k. stalk or harass another user or M$ personal;
l. collect or store data about another user or M$ personal;
m. attempt to use any other user's User or M$ personal ID or Password;
n. attempt to transmit to the Site electronic mail messages impairing or interfering with the operations of M$ or its Website;
o. violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance;
p. use the Website to send or post on any place on the Website any message including the unauthorized posting of material, non-public information about companies, an offer to buy or sell any security that violates applicable securities law, including the regulations of governmental agencies including, without limitation the U.S. Securities and Exchange Commission, or violates the rules of any national or other securities exchange, including without limitation the New York Stock Exchange and the NASDAQ.
q. Any conduct by you violating any of the above obligations or is in any way contrary to these Terms results in the immediate termination of your authorization to access the Website or to any of the M$ services, in addition to any other remedies available to M$ in law or equity.
6. Newsletter
These Terms and conditions provide you with access to the services of M$. These services include those permitting users to enter into a subscription to receive the M$ Intelligence™ newsletter. The M$ Intelligence™ newsletter provides information on financial services. From time to time, M$ may change the focus and details of the newsletter.
M$ assumes no responsibility for timeliness, accuracy, or delivery of the newsletter content.
M$ and its writers are not liable for any decision anyone takes based on the information provided in the newsletters.
Please note all subscription purchases are due in advance and are final. No refunds, partial or otherwise, are provided. M$ reserves the right to modify the Subscription fees and institute new charges upon reasonable notice. M$ subscription accounts are set to auto renew. Accordingly, unless otherwise explicitly noted at the time of ordering, the subscription will automatically renew at the previous set rate unless a subscriber notifies us of the decision to change or terminate the prior subscription. EACH SUBSCRIBER AUTHORIZES M$ TO CHARGE THE SUBSCRIBER’S CREDIT OR DEBIT CARD ON FILE FOR ANY SUBSCRIPTION FEE AND RELATED CHARGES UNLESS THE SUBSCRIBER PROVIDES PRIOR NOTICE TO CANCEL. If you are dissatisfied with the Newsletter, please contact us, and let us know the reason for your dissatisfaction so we may attempt to correct the issue.
7. Privacy
Your privacy is of great importance to M$. All information gathered about you and your use of the Site and the Newsletter are subject to the M$ Privacy Policy, available through the Website.
8. Monitoring of the Site
M$ has no obligation to monitor the Website. However, you acknowledge and agree M$ has the right to monitor the Website electronically from time to time and to disclose any information as it deems appropriate to satisfy any law, regulation, or other governmental request, to operate the Website and the Newsletter as authorized, or to protect itself or other users of the Website.
9. Financial Advice
The Website contains information and materials concerning many financial service-related companies. However, M$ is not a financial advisor and does not provide financial advice. You agree you are responsible for your use of the information provided by M$ and the conclusions you reach and the decisions you make about financial matters and you will not hold M$ liable for any damages relating to data, opinion, or other information provided on the Website or Newsletter. M$ has not (1) passed on the merit of any company or the information concerning any company mentioned and (2) endorsed recommended or sponsored any company or the information concerning any such company, or any security, financial product or instrument. M$ does not assume any responsibility for reviewing the accuracy, completeness, or timeliness of any information you may offer or, when available, post to the Website. You understand and agree that M$ does not offer or provide tax, legal or investment advice to anyone. You understand and agree any decision you make will be based solely on your evaluation of the Website information and Newsletter.
10. Worldwide Availability
The website may contain direct or indirect references to products, programs, or services which may not be available worldwide. Such references should not be taken as an indication non-domestic products, programs or services are available or will be made available to you.
11. Indemnification
By agreeing to these TOU, you agree to indemnify, defend and hold harmless M$, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively "M$ and Affiliates") from and against any claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by the M$ and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials or content you submit, post to or transmit through the Website, and (ii) your use of the Website or the M$ Services in violation of the TOU or in violation of any applicable law. You further agree you will cooperate as reasonably required in the defense of any such claims. M$ and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of M$. You further agree to hold harmless M$ and Affiliates from any claim arising from a third party's use of information or materials of any kind you post to the Site.
12. DISCLAIMER OF WARRANTIES
THE WEBSITE, NEWSLETTER, AND THE M$ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, M$ AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE M$ SERVICES, (2) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE M$ SERVICES, (3) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT, AND (4) ANY WARRANTIES OF ANY KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE M$ SERVICES. M$ AND AFFILIATES DO NOT WARRANT THE WEBSITE OR THE M$ SERVICES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. M$ IS TAKING REASONABLE MEASURES TO ENSURE INFORMATION PROVIDED BY YOU IS DISCLOSED ONLY TO THOSE SPECIFIED BY YOU IN ACCORDANCE WITH THE PRIVACY POLICY. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND M$ CANNOT AND DOES NOT GUARANTEE THE INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD M$ LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THE WEBSITE OR THE M$ SERVICES.
13. LIMITATION OF LIABILITY
YOU UNDERSTAND, EVEN IF M$ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL M$ AND AFFILIATES BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR THE M$ SERVICES, INCLUDING WITHOUT LIMITATION (A) YOUR USE OR INABILITY TO USE THE WEBSITE AND ANY M$ SERVICES, (B) YOUR USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE OR THE M$ SERVICES, OR (C) ANY PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE OR IN RELATION TO THE M$ SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH M$ IS TO STOP USING THE SITE AND/OR THE M$ SERVICES. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE M$ AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
14. Third-Party References and Materials
The website may contain references to and information regarding third parties including links to third-part websites ("Third-Party Materials"). These are provided solely for your convenience. M$ assumes no responsibility for the content or suitability of the Third-Party Materials and makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such. The inclusion of links does not imply endorsement of the third-party websites by M$ or any association with their operators. Access, use, and download of all Third-Party Materials are subject to the provisions of these Terms including the Warranties and Disclaimers. Permission to use any Third-Party Materials beyond the uses provided in these Terms must be obtained directly from the respective owners. Unless expressly stated otherwise, M$ does not provide technical support for any Materials posted on, downloaded from, or linked to from this website.
15. Unsolicited User Submissions
M$ does not accept or consider unsolicited submissions of ideas of any kind from outside parties. Therefore, please do not send any unsolicited original materials, concepts, or ideas to anyone at M$ either through this website or via any other means of communication. However, should you choose to ignore this request, please be advised any unsolicited information or material sent to M$ or any of its employees will be deemed NOT to be confidential. Additionally, your submission of any unsolicited information or material grants to M$ an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute information or material and any underlying intellectual property. Also, M$ is free to use, without restriction, any unsolicited ideas, concepts, know-how or techniques you send M$ for any purposes. The M$ Privacy Policy will govern the disclosure of your name or any other personal information related to any such submissions.
16. Termination
You acknowledge and agree M$ may suspend or terminate your access or use of the Website or any M$ Services at any time and for any reason, including for no reason at all, without prior notice. The relevant version of these Terms shall continue to apply to all prior use of the Website and any M$ Services. Sections 1, 3-6, 8,9, 11-19 of the TOU shall survive termination of this Agreement for any reason.
17. General Provisions
Failure by M$ to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms, and all other aspects of your use of the Website and/or the M$ Services, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms, or your use of the Website and/or the M$ Services, other than action for specific performance or injunctive relief, shall be brought in the federal, state, or local courts located in Illinois and with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms constitute the entire agreement between you and M$ with respect to the Website and the M$ Services provided on the Website and supersedes all prior agreements or understandings, whether written or oral, between you and M$ with respect to the Website and the M$ Services provided on the Website. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining portions of these Terms shall remain in full force and effect. These Terms shall inure to the benefit of M$, its successors and assigns.
18. Class Action Waiver
You are permitted to resolve disputes with us only on an individual basis. You agree not to bring or be party to a claim as a plaintiff in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
19. Copyright Complaints
In the event you believe, in good faith, any materials on the Website or the Newsletter infringe your copyright rights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (a portion of the "Digital Millennium Copyright Act") and notify M$ of your claim of infringement by sending the following written information to M$’s designated Copyright Agent:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on this website, including the URL and date on which the material was displayed;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner's behalf.
• M$'s Copyright Agent for notice of claims of copyright infringement can be reached at:
Moebs $ervices, Inc.
1140 Highland Avenue
Lake Forest, IL 60045