Terms & Conditions
Last Updated: February 21, 2023
This subscription agreement (the “Agreement”) is a contract between the user of the Service (as defined below) (the “Subscriber”) and MarketDesk Research LLC (“MDR”), a Missouri limited liability company. The terms “us”, “we”, or “our” refer to MarketDesk Research LLC. The terms “you” and “your” refer to the Subscriber.
1. Service; Subscriber’s Acknowledgment and Acceptance of Terms.
1.1 Our Service. MDR provides the following services, products and content to our Subscribers: (i) our weekly newsletter known as “The Quant Pack” that is delivered via email and covers global macroeconomic and market trends (the “Quant Pack”), and (ii) our website located at quantpack.com (the “Site”). The term “Service” includes, but is not limited to, the text, reports, graphics, and charts produced by MDR and appearing in the Quant Pack and other reports as may be released from time to time. MDR reserves the right to change, with or without notice to Subscriber, the: (i) prices of any products or subscriptions provided by the Service and (ii) the subject matter and frequency of the Service. MDR shall not be liable to Subscriber or any third party should MDR exercise such right.
1.2 Scope. The Service is not intended for broad consumption. To get the most out of the Quant Pack, Subscribers must possess at least some understanding of economics and financial markets. While we make every effort to provide links to supplemental reading materials, a great deal of what we present and discuss may be difficult to follow for novice readers with limited prior knowledge of the topics, concepts, and jargon and acronyms used. Samples are available on the Site.
The Quant Pack contains quantitative indicators (the “Indicators”) to aid Subscribers in forecasting economic and financial market trends. The Indicators are intended to forecast future trends by incorporating recent macro data and other inputs and projecting the data forward in a systematic and pre-determined manner based on historical, statistical relationships. The Indicators are not built to predict economic and financial market trends to the exact decimal point and should not be relied on as such. You acknowledge that historical relationships between the variable an Indicator forecasts and the inputs it uses may change, which can prevent the Indicators from accurately forecasting future trends. You agree that MDR will not be liable for actual trends that differ materially from the Indicators’ forecasts, including, without limitation, due to the emergence of unforeseeable economic and financial market events. Charts included in the Quant Pack are for illustration purposes only and may not fully capture the extent and scope of economic and market movements and trends.
2. Subscription Term; Renewal; No Earl Termination
2.1 Term. The subscription period (the “Subscription Term”) shall start on the date Subscriber pays for the Service and continue for one (1) year and any Renewal Terms (each, an “Expiration Date”).
2.2 Renewal. The subscription will automatically renew for the subscription period you originally signed up for until you notify us of your decision to terminate your subscription. You agree that your subscription will be billed automatically at the beginning of each renewal period at the current pricing level listed on the subscription page at the time of your renewal, undiscounted subscription rate to the credit card or billing information you used in your most recent transaction with us. You must notify us of your intent to cancel the subscription in writing by email no less than fifteen (15) days in advance of the end of the Subscription Term. If you decide not to renew, you may send the notice of non-renewal by email to: Support@QuantPack.com.
2.3 No Early Termination; No Refund. All paid subscriptions are final and non-refundable. The Subscription Term will end on the Expiration Date and the subscription cannot be cancelled early. MDR does not provide refunds if you decide to stop using the subscription during your Subscription Term, and there is no refund for actual economic and financial market trends differing materially from the Indicators’ forecasts.
3. Fees and Payment; Suspension.
3.1 Payment and Authorization. If you elect to purchase or subscribe to the Service, a valid credit card will be required for paying accounts and Services will be billed in advance in accordance with the applicable pricing schedule. There will be no refunds or credits for partial months of paid Services. You agree to be billed for the subscription term you originally signed up for or at such other installments as mutually agreed, and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you provide us, including on a recurring basis. You will reimburse us for any fees that we may be charged related to declined payments, and you will keep us informed of all changes to your billing information. You will need to provide us with your name, email address, billing address, and credit card information. You certify that all information you provide is accurate. You also agree to update your information as necessary so that it is accurate and current. All payments made to MDR are made through a third-party service. We are not liable for any monies lost during the transaction process, non-payment issues or declination of any credit card.
3.2 Suspension for Non-Payment. MDR will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to the subscription ten (10) days after such notice.
4. License; Copyright Information; Intellectual Property Information.
4.2 Copyright. MDR is protected by the United States and International Copyright laws. All rights reserved. No license is granted to Subscriber except for Subscriber’s personal use. Without the prior written consent of MDR, no person or entity, directly or indirectly, may offer all or any part of our website, its research reports, or any other material belonging to us for sale. Any use of graphs, text, or other material from the Service by Subscriber must acknowledge “Quant Pack” as the source.
4.3 Feedback. By submitting feedback and suggestions to MDR, you agree to grant and hereby do grant a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to MDR to use to improve MDR products or services. You acknowledge that submission of feedback and suggestions is voluntary and MDR may consider or is developing technology that is the same or similar to your feedback or suggestions.
5.1 Disclaimer of Warranties. All information, data, and analysis contained in the Service are provided “AS IS” and without warranty of any kind, either expressed or implied. MDR believes all information, data, and analysis contained in the Service to be accurate but does not guarantee its accuracy. We hereby expressly disclaim any and all representations and warranties that: (i) the content of the Service is correct, accurate, complete, or reliable; (ii) the Service will be available at any particular time or place, or in any particular medium; and (iii) that any omission or error in the Service will be corrected. The data used, or referred to, in the Service was obtained from various sources, which we believe to be reliable, but MDR cannot be held responsible for the accuracy of data used herein. MDR disclaims responsibility for updating information. The use of the Service or the downloading or other acquisition of any materials or content through the Service are done at Subscriber’s own discretion and risk and with Subscriber’s agreement that Subscriber will be solely responsible for any damage arising therefrom, including, without limitation, any damage to Subscriber’s computer system(s) or network(s) or loss of data that results from such activities. In addition, MDR disclaims responsibility for third-party content, including information accessed through hyperlinks.
5.2 Additional Disclaimer – USE AT YOUR OWN RISK . The Service provides Subscribers with access to the Quant Pack and content covering economic and market trends. MDR relies on the publisher exemption and is not a registered investment advisor, and nothing in our Service is intended, and it should not be construed, to be investment, business or tax advice. The information is not intended to be used as the primary basis of investment decisions, and because of individual client objectives, should not be construed as advice designed to meet the particular investment needs of any investor. Should you wish to receive personalized investment advice, please consult a registered investment advisor. Our Service is for informational use only. We do not recommend or endorse any specific investment strategies or investment products or securities that may be mentioned on, referenced by or included in the Service. The data and information accessed by Subscriber via the Service should not be construed as a recommendation by MDR to buy, sell or hold any investment or security or make any other investment decisions.
Subscriber should verify all claims and do its own research before investing in any investments referenced in the Service. Investing in securities and other investments, such as options and futures, carries a high degree of risk and Subscriber may lose money trading and investing in such investments. By use of our Service, you agree that you bear responsibility for your own investment research and investment decisions. You also agree that MDR, its directors, employees, and its agents will not be liable for any investment decision or action taken by you and others based on news, information, opinion, or any other material published in the Service. You expressly agree that you will assume the entire risk as to the quality and the performance of our Service and the accuracy or completeness of its content.
Principals of MDR may or may not hold or be short any of the securities, options, or futures discussed in the report, or any other securities, at any time.
6. Subscriber Requirements & Restrictions.
6.1 Accuracy; Security. Subscriber agrees to: (i) provide true, accurate, current and complete information about Subscriber as prompted by MDR’s forms and in any other related document or agreement and (ii) to maintain and update Subscriber’s information to keep it true, accurate, current, and complete. Subscriber acknowledges that, if any information provided by Subscriber is untrue, inaccurate, not current, or incomplete, MDR reserves the right to terminate Subscriber’s use of the Services and withdraw any offer or agreement.
6.2 Restrictions. While using the Service, you agree that you will not:
(i) violate any laws, third-party rights or our policies;
(ii) use the Service or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Service;
(iii) interfere with any other Subscriber’s use of the Service;
(iv) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers;
(v) distribute viruses or any other technologies that may harm us, or the interests or property of our other Subscribers;
(vi) copy, publish, display, reproduce, create derivative content from, modify, sell or distribute rights or content from the Quant Pack or otherwise commercialize any of our content provided with the Service;
(vii) harvest or otherwise collect information about our Subscribers, including email addresses, without their consent;
(viii) use the Service to gain unauthorized access to MDR’s network(s) or server(s);
(ix) interfere with any Subscriber’s use and enjoyment of the Service;
(x) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity.
6.3 Inbox Access Responsibility. The Quant Pack is delivered in PDF format via email and may be marked as spam by various spam filters and network administrators. In many instances, solutions or workarounds are available to overcome these challenges, but ultimately it is the responsibility of the Subscriber to make sure that the Service reaches their inbox.
6.4 Remote Monitoring and Disablement. MDR shall have the right and ability to monitor use of the Service remotely and/or electronically to verify Subscriber’s compliance with the terms of this Agreement. In the event that Subscriber does not pay any fees due for the Service when due or Subscriber is otherwise in material breach of the terms of this Agreement, Subscriber acknowledges and agrees that MDR may remotely disable or terminate access to and use of the Service. In such event, all previously paid fees shall be non-refundable and forfeited.
7. International Use.
Although the Service may be accessible worldwide, MDR makes no representation that (i) use of the Service is appropriate or available for use in locations outside the United States and (ii) use of the Service is compliant with foreign law. Subscribers who choose to access the Service from other locations do so on Subscriber’s own initiative and are responsible for compliance with local laws and requirements. Any offer made in connection with the Service is void where prohibited.
8. Electronic Contracting and Subscriber Notices.
All questions, comments, claims or other notices to MDR shall be in writing to the email address set forth below, or using any contact functions made available via the Site.
10. Limitation of Liability; Indemnification.
10.1 Limitation of Liability. Except in the case of fraud or gross negligence, neither MDR, nor any of its directors, employees, or agents will be liable for any direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from Subscriber’s use of the Service, including, without limitation, trading losses. Subscriber expressly agrees that it is solely responsible for: (i) the manner by which, and the purpose for which it accesses and uses the Service hereunder; (ii) the results it obtains (or not) from such access or use; and (iii) any damages to itself and/or any other third parties arising from its use of the Service.
10.2 Indemnification. You agree to indemnify and hold MDR, its directors, employees, and agents harmless from and against any and all losses, damages, liabilities, obligations, costs, and expenses (including attorneys’ fees) resulting or arising from any claim, action, or proceeding brought by any third party in connection with or relating to your access to or use of the Service (or the use of the Service by another person using your account) in breach of this Agreement. MDR reserves the right, at MDR’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber, in which event Subscriber will cooperate with MDR in asserting any available defenses.
11.1 Governing Law. This Agreement and your use of the Service will be governed by the laws of the State of Missouri. Any dispute arising out of this Agreement or your use of the Service will be heard only in the state or federal courts located in the Eastern District of Missouri, and you consent and submit to the personal jurisdiction of such courts.
11.2 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
11.3 Force Majeure. MDR shall have no responsibility or liability for any delays or interruptions in or failures of its performance under this Agreement beyond its reasonable control, including, but not limited to, acts of God, acts of governmental authority, fire, acts of war, terrorism, flood, pandemic, strikes, severe or adverse weather conditions, power failures, or communications line or network failures.
11.6 Severability. If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect.
11.7 Entire Agreement. This Agreement constitutes the entire agreement between you and MDR regarding the subject matter hereof and supersedes any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.