The following terms of service (“TOS”) will apply to the agreement to provide service between Marley Analytics, LLC (“Company”), and the individual or business entity identified on the order form for said services (“Customer”), as well as any users of the company’s services or products. These terms shall hereinafter be referred to as the “Agreement” between the two above mentioned parties.
Account Setup / Email on file
It is Customer’s responsibility to provide the Company with a correct Investment Name (&Ticker) for Report while paying for services and/or reports, as well as a correct Delivery Email Address to which they want to have their reports or services sent and how they shall be contacted.
Customer must both an existing investment name and ticker in order for analysis to begin. This is to avoid confusion for projects or tickers that may individually correspond to more than one equity, index, or cryptocurrency.
In the absence of a working email address input on the form, billing email address will be used for primary contact and delivery of services and/or reports. If Company needs to contact Customer, either email address may be used for this purpose.
Service Rates
Customer acknowledges that they have been made adequately aware of the initial rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered. Customer also acknowledges that the Company reserves the right to change the specified rates and charges from time to time. Any promotional offers made by the Company are contingent upon the Company maintaining its cost of service goals, including but not limited to rates charged by its suppliers.
Payments and Fees
Customer acknowledges that the Company is under no obligation to provide services under the terms of this Agreement until all stated charges have been paid-in-full, and the Company has been able to adequately verify the validity of said payment.
Recurring Payments
Recurring payments will become due and payable 30 days following the completion of the first invoice term, and will continue as such for all subsequent invoices. You agree to supply appropriate payment for the services received from Marley Analytics, LLC, in advance of the time period during which such services are provided. You agree that until and unless you notify Marley Analytics, LLC of your desire to cancel any or all recurring services received, those services will be billed on a recurring basis. This includes when accounts are suspended.
Any account that becomes past-due may be suspended or disabled for non-payment at any time at the sole discretion of the Company. Accounts suspended or disabled for non-payment may be subject to a restoration charge due and payable prior to service being restored. Any accounts that are not collectible by the Company will be turned over to an outside collection agency. If your account is turned over for collection, you agree to pay the Company a “Collection Fee” of not less than $150, in addition to any fees that may be imposed by the outside collection agency or its legal representation. All services that the Company offers are considered to be provided on a strictly prepaid basis.
Payment Information
As a client of Marley Analytics, LLC, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify the Company of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by the Company. Marley Analytics, LLC reserves the right to bill your credit card or billing information on file with us.
Timelines for Delivery
For customers who have purchased a report (Tier 1, Tier 2, and Tier 3), standard delivery deadline is generally within 5 business days of payment received, but they may come earlier depending on workload and scheduling. For example, if a report is requested and paid for on a Friday at 3pm EST, Customer can expect the report to be delivered between the time they have paid for the report and Friday at 3pm EST the following week.
Cancellations and Refunds
Marley Analytics, LLC reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Customers who have paid for pro forma and/or reports from the Company must request cancellation no later than twelve (12) hours after Company has received payment. After this, they cannot be cancelled. In the event that the Customer cancels less than twelve (12) hours after payment has been received, the Customer will not receive a refund nor will the Customer be guaranteed an opportunity to change pro forma or report requests. The Company is under no obligation to offer changes to report or pro forma requests.
For recurring payments, cancellation requests must be sent no later than 5 days prior to renewal.
Refunds issued are at the discretion of the Company and are not guaranteed. If a refund is approved and issued, the Customer will be refunded the original purchase price. Refunds requests will be evaluated and processed within 30 days of request date. The Customer will receive an email from the company outlining the determination of the refund request. The Company is not liable for delays in refunds made by the payment processing company.
Under no circumstances is the Company or its staff obligated to cancel or change reports or pro forma requests for the Customer. The Customer may request such assistance which will be provided as a courtesy to the Customer when available.
Cancellations must be done in writing via email specifying the product, service, or account Customer wishes to cancel. Once we receive the cancellation request and have confirmed all necessary information with Customer via e-mail, we will inform Customer in writing (typically email) that their account, product, or service, respective of cancellation request, has been canceled.
In order for the customer to be considered for a refund for cancellations, the customer must submit a refund request by email to marleyanalyticsllc@gmail.com
Refund Policy
All services rendered by the Company are provided on a non-refundable basis. This includes, but it not limited to, session fees, package fees, seminar fees, webinar fees, monthly fees, upgrade fees, professional services fees, and bandwidth overage fees, regardless of usage. In addition, if your account is canceled by the company for violation of this Agreement or the attached Acceptable Use Policy, all payments made to the Company become completely non-refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action as described in the “Payments and Fees” section above.
No Lease Implied
Customer acknowledges that the Company is providing a service, and no binding lease of physical equipment or real estate is in any way implied as part of this agreement.
Privacy Policy
Company will not sell, lease, borrow, give, or otherwise dispose of any type of customer provided information to any third party unless compelled to do so by law or in cooperation with any law enforcement investigation. Company reserves the right to collect and utilize any customer information, including, but not limited to email addresses and web site cookies, for internal tracking and/or marketing purposes.
Violation of Terms
Should Customer violate any of these terms, the Company will attempt to contact the customer by email or telephone before taking any action where avoidable. However, the Company will pursue whatever action is necessary to serve its best interest in these cases, even if that should necessitate the suspension or termination of Customer’s services without any type of notification.
LEGAL CONSIDERATIONS, RISKS AND DISCLAIMER
IMPORTANT NOTICE: PLEASE READ THE ENTIRETY OF THIS “Legal Considerations, Risks and Disclaimer” SECTION CAREFULLY. WE RECOMMEND YOU CONSULT A LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) OR EXPERTS FOR FURTHER GUIDANCE PRIOR TO PARTICIPATING IN THE EDUCATIONAL & COACHING SESSIONS/COMMUNICATIONS PROVIDED BY Marley Analytics.
You must read the following “Legal Considerations, Risks and Disclaimer” section before: (i) making use of services provided by Marley Analytics, LLC (the “Company”) and any and all information available on the website(s) of Marley Analytics, LLC located at www.marleyanalyticsllc.com (the “Website”). This “Legal Considerations, Risks and Disclaimer” section applies to services provided and any and all information available on the Website or through communications with Marley Analytics, LLC. The contents of this “Legal Considerations, Risks and Disclaimer” section outlines the terms and conditions applicable to you in connection with (i) your use of Marley Analytics, LLC services and of any and all information available on the Website; and/or (ii) your participation in any educational/coaching reports, pro forma, sessions or seminars offered. In each case in addition to any other terms and conditions that we may publish from time to time relating to stocks, equities, virtual currency, blockchain technology and financial transactions (such terms hereinafter referred to as the “Terms”). This “Legal Considerations, Risks and Disclaimer” section may be updated from time to time and will be published as part of the latest version of the Website which shall be available on the Website. You shall be obliged to check the latest available version of the Website prior to participating in any Marley Analytics, LLC services, including but not limited to educational/coaching sessions, seminars, reports, pro forma, telephone/email/other communications.
The information set forth in this “Legal Considerations, Risks and Disclaimer” section may not be exhaustive and does not imply any elements of a contractual relationship. While we make every reasonable effort to ensure that all information provided to clients and available on the Website (all the information provided/available to customers through communications or on the Website hereinafter referred to as the “Available Information”) is accurate and up to date, such material in no way constitutes professional advice. The Company neither guarantees nor accepts responsibility for the accuracy, reliability, current state or completeness of the Available Information. Individuals intending to participate in financial transactions or investments should seek professional advice prior to acting on any of the Available Information.
LEGAL CONSIDERATIONS
Given the uncertain and largely unregulated status of distributed ledger technologies, businesses and activities as well as cryptocurrencies and cryptocurrency-related businesses and activities, the Company has spent a significant amount of time and resources to vet valid information to provide to customers.
The Company does not recommend purchasing Tokens, Coins or other forms of currency or property for speculative investment purposes. Cryptocurrency, virtual/digital currency, and Tokens are sold as digital assets, similar to downloadable software, digital music and the like. The Company does not recommend that you make such purchases unless you have prior experience with cryptographic tokens, blockchain-based software and distributed ledger technology and unless you have taken independent professional advice.
The Company does not provide any opinion or any advice to purchase, sell, or otherwise transact with virtual/digital currency and the presentation, publication or communication of all or any part of the Available Information shall not form the basis of, or be relied upon in connection with, any contract or investment decision.
NO ADVICE
No part of the Available Information should be considered to be business, legal, financial or tax advice regarding the Company, the coins/tokens/digital currency/virtual currency or any of the matters to which all or any part of the Available Information relates. You should consult your own legal, financial, tax or other professional advisor regarding the Available Information.
Products or services provided by Marley Analytics, LLC should be considered educational only and not financial advice.
LIMITATION OF LIABILITY
In no event shall the Company or any current or former employees, officers, directors, partners, trustees, representative, agents, advisors, contractors, or volunteers of the Company (hereinafter the “Company Representatives”) be liable for: (i) any loss of profits, lost savings or incidental, indirect, special or consequential damages, arising out of your use or inability to use the services or products offered by the Company or the breach of any of these Terms by you or by any third party; (ii) any security risk such as hacker attacks, loss of password, loss of private key, or similar; (iii) mistakes or errors in code, text, or images involved in the in any of the Available Information; or (iv) any information contained in the Available Information or any expectation promise representation or warranty arising (or purportedly arising) therefrom; (v) any losses resulting from the volatility in pricing of Coins, Securities, Equities, Tokens, Cryptocurrency, Virtual/Digital Currency or other currency in any countries and on any exchange or market (regulated, unregulated, primary, secondary or otherwise); (vi) any losses or damages arising out of or in connection with the purchase, use, sale or otherwise of the Coins, Securities, Equities, Tokens, Cryptocurrency, Virtual/Digital Currency or other currency; or (vii) arising out of or in any way connected to your failure to properly secure any private key to a wallet containing Coins, Securities, Equities, Tokens, Cryptocurrency, Virtual/Digital Currency or other currency, (collectively, the “Excluded Liability Matters”). Marley Analytics, LLC is not responsible for any losses — whether financial or otherwise — incurred as a result of any materials it or its Company Representatives may produce, disseminated, or make accessible.
Customer agrees that it shall defend, indemnify, save and hold Marley Analytics, LLC and Company Representatives harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Marley Analytics, LLC, its Company Representatives that may arise or result from any service provided or performed or agreed to be performed. Customer agrees to defend, indemnify and hold harmless Marley Analytics, LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Marley Analytics, LLC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright infringement.
The Available Information is provided on an “as is” basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to your use of the Available Information and purchasing of any amount of Coins, Securities, Equities, Tokens, Cryptocurrency, Virtual/Digital Currency and their use. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, you hereby irrevocably and unconditionally waive: (i) all and any claims (whether actual or contingent and whether as an employee, office holder, trustee or in any other capacity whatsoever or howsoever arising) including, without limitation, claims for or relating to the Excluded Liability Matters, any payment or repayment of monies, indemnity or otherwise that you may have against the Company or against any of the Company Representatives; and (ii) release and discharge the Company and all of the Company Representatives from any and all liability (of whatsoever nature or howsoever arising) it or they may have to you. If for any reason you hereafter bring or commence any action or legal proceeding in respect of any claim purported to be released and discharged pursuant to this paragraph or these Terms, or otherwise attempt to pursue any such claim against the Company or any Company Representative then you hereby irrevocably and unconditionally undertake to indemnify, and keep indemnified the Company and all Company Representatives fully on demand from and against: (a) all liabilities or losses suffered by the Company or any Company Representative; and (b) all reasonable costs, charges and reasonable expenses (including without limitation reasonable legal costs and expenses) reasonably and properly incurred by the Company or any Company Representative, in each case by reason of or in connection with the bringing or commencement of such action or pursuit of such claim by you. If any provision or part-provision of this “Legal Considerations, Risks and Disclaimer” section is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this “Legal Considerations, Risks and Disclaimer” section shall not affect the validity and enforceability of the rest of this “Legal Considerations, Risks and Disclaimer” section.
NO REPRESENTATION & WARRANTIES
The Company does not make or purport to make, and hereby disclaims, any representation, warranty or undertaking in any form whatsoever to any entity or person, including any representation, warranty or undertaking in relation to the truth, accuracy and completeness of any of the information set out in the Available Information.
REPRESENTATION & WARRANTIES BY YOU
By howsoever accessing and/or accepting possession or communication of all or any part of the Available Information, you represent and warrant (and shall be deemed to represent and warrant) to the Company on the date of such access or on the latest date on which you retain possession of all or any part of the Available Information as follows: (a) you are over 18 (eighteen) years of age; (b) you agree and acknowledge that the Available Information does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities and you are not bound to enter into any contract or binding legal commitment (c) you agree and acknowledge that no regulatory authority has examined or approved of the Available Information, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of all or any part of the Available Information to you does not imply that the applicable laws, regulatory requirements or rules have been complied with; (d) you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, securities, equities, blockchain based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology; (e) you agree and acknowledge that the Company is not liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, or loss of use or data, or loss of reputation, or loss of any economic or other opportunity of whatsoever nature or howsoever arising), arising out of or in connection with any acceptance of or reliance on the Available Information or any part thereof by you; and (f) all of the above representations and warranties are true, complete, accurate and not misleading from the time of your last access to and/or possession of (as the case may be) the Available Information.
CAUTIONARY NOTE ON FORWARD-LOOKING STATEMENTS
All statements contained in the Available Information, statements made in any press releases or in any place accessible by the public and oral statements that may be made by the Company or the Company Representatives (as the case may be), that are not statements of historical fact, constitute “forward looking statements”. Some of these statements can be identified by forward-looking terms such as “aim”, “target”, “anticipate”, “believe”, “could”, “estimate”, “expect”, “if”, “intend”, “may”, “plan”, “possible”, “probable”, “project”, “should”, “would”, “will” or other similar terms. However, these terms are not the exclusive means of identifying forward-looking statements. All statements regarding the Company’s financial position, business strategies, plans and prospects and the future prospects of the industry which the Company is in are forward-looking statements. These forward looking statements, including but not limited to statements as to a company’s revenue profitability and growth, expected revenue profitability and growth, prospects, future plans, other expected industry trends and their matters discussed in the Available Information regarding the Company are matters that are not historic facts, but only estimations and predictions. The Company makes no warranty on having made any predictions or estimates or expectations on the basis of any formula, any mathematical or scientific modelling or forecast, or having made any due and proper enquiries or having undertaken any independent research or studies or otherwise. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results, performance or achievements of a company to be materially different from any future results, performance or achievements expected, expressed or implied by such forward-looking statements. Given that risks and uncertainties that may cause the actual future results, performance or achievements of a company to be materially different from that expected, expressed or implied by the forward-looking statements in the Available Information, undue reliance must not be placed on these statements. Nothing contained in the Available Information is or may be relied upon as a promise, representation or undertaking as to the future performance. Further, the Company disclaims any responsibility to update any of those forward-looking statements or publicly announce any revisions to those forward-looking statements to reflect future developments, events or circumstances, even if new information becomes available or other events occur in the future.
RISK FACTORS
You should carefully consider and evaluate all risk factors and all other information contained in these Terms before deciding to participate in Marley Analytics, LLC services. All risk factors which are material to you in making an informed judgment to participate in cryptocurrency, digital/virtual currency, Token sales and blockchain technology should be evaluated by the customer. The Company takes no liability for such risk.
PRIVACY POLICY
By using the Company’s website and/or participating in the Company’s services, you agree to your personal data, (i.e., your e-mail address, name, address and other details personal to you) being processed by the Company for its business purposes or the purposes of building, promoting, and communicating (about) the Company’s business platform. The Company agrees to keep your email address and other personal data private and not share it with the public (e.g., by selling to any third parties).
RESTRICTIONS ON DISTRIBUTION AND DISSEMINATION OF THE AVAILABLE INFORMATION
The distribution or dissemination howsoever of all or any part of the Available Information may be prohibited or restricted by the laws, regulatory requirements and rules of certain jurisdictions. In the case where any such restriction applies, you are responsible for informing yourself in respect of the same and for observing any such restrictions which are applicable to your possession and/or dissemination of all or any part of the Available Information at your own expense and without liability to the Company. Persons to whom a copy of all or any part of the Available Information which has been distributed or disseminated, provided access to or who otherwise have all or any part of the Available Information in their possession shall not circulate it to any other persons, reproduce or otherwise distribute any information contained herein for any purpose whatsoever nor permit or cause the same to occur.
Complaint Response Times
The Company does not guarantee that support staff will be available on demand before, during or after the Customer’s session time. Customer Service inquiries can be made by emailing marleyanalyticsllc@gmail.com. Requests will be prioritizes at the discretion of the Company. Marley Analytics, LLC makes no guarantee to complaint response times but does make every effort to address Customer requests in a timely manner, typically within 3-5 business days.
Billing Errors
Customer acknowledges that the Company will make it’s best effort to ensure that all invoices are correctly issued. However, should Customer note any possible errors, Customer agrees to notify our Billing department within 15 days of the issuance of the errant invoice. After 15 days, all invoices will be assumed to be correct, and no further billing adjustments will be made.
Billing Department Inquiries: marleyanalyticsllc@gmail.com
Changes to the TOS
Marley Analytics, LLC reserves the right to revise its policies at any time without notice.
Legal venue and applicable law
These Terms are governed by United States law and the laws of the State of Ohio.
MARLEY ANALYICS, LLC