MARKETS PRO TERMS OF SERVICE

TERMS OF USE

These Terms of Use (the "TOU"), as amended from time to time (This “Agreement”), governs Your use of the Services (as defined below) that Cointelegraph Markets Pro, a brand name of CT Editorial Group, LLC ( herein sometimes referred to as “Markets Pro,”, “Cointelegraph”, “Cointelegraph Markets Pro”, “We,”, “Us,” and/or “Our”) provide to you, the individual user of the service, (referred to herein as "You" or "Your") through Cointelegraph Markets Pro and various communication tools, including email and third-party content delivery methods such as through Cointelegraph Markets Pro-approved mobile applications accessed through any various medium or device now known or hereafter developed (collectively, “Site” or “Website")

Once you start accessing the Service you are fully accepting and agreeing to be legally bound to all of the terms and conditions of this TOU Agreement as well as our Privacy Policy and Legal Disclaimer (collectively sometimes herein referred to as the “Terms”).

CHANGES TO THIS AGREEMENT

We reserve the right, in our sole discretion, to change, modify and/or revise this Agreement (including any Annex) at any time. Any such changes are effective immediately upon our posting of the amended Agreement or other notice to you. You agree that your continued use of the Services following such posting constitutes acceptance of the Agreement as amended.

THE SERVICES

The Services include our written and digital publications and Content, websites (including, but not limited to, Cointelegraph Markets Pro), mobile applications and all other online and other platforms (collectively, the “Platforms”), all Content (defined below) displayed on or delivered through the Platforms, and memberships (collectively, the “Services”). “Content” means data, information, research, e-letters, newsletters, digests, articles and blogs, news aggregate services, emails, images, graphs, videos, podcasts, webinars, conferences, books, audio (including, but not limited to, access to conference calls), software, analytic tools, and any visual, audial or digital content made available on or through a Platform. The Services include certain Services provided free of charge (“Free Services”) as well as Services for which you must pay a one-time fee, periodic subscription fee, maintenance fee or other fee in order to have access, including, but not limited to, premium Content and memberships (collectively “Paid Services”). The terms of this Agreement apply to both Free Services and Premium Services (except where indicated below that the relevant terms apply only to a designated Premium Service).

This Agreement applies to all Services, whether purchased or used separately or as part of a membership package or any solution or bundled package of Services. If you purchase or use Services that are sold or otherwise provided together as a solution or bundled package (as opposed to your purchasing or using Services separately), termination of any part of the Services will result in the termination of all Services provided as part of the solution or bundled package.

HOW YOU MAY USE OUR CONTENT

We use a diverse range of information, text, photographs, designs, graphics, images and other Content on the Markets Pro site. You may only use the Content and Service as expressly permitted by these Terms; all rights not expressly granted to you are reserved by Market Pro its third-party providers and other respective owners if any, as they may exist from time to time.

Accordingly, You may view, use, copy, and distribute the Content found on the Markets Pro site for Your personal, internal, noncommercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Markets Pro site. You may not use the Markets Pro site and you shall not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner. If you breach any of these Terms, your use will terminate automatically. You shall not make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Service or any server or network connected to the Service or negatively affects the quality or availability of any Material , or speed or functionality of the Service.

Except as authorized in this paragraph, You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Content or the products, services, processes or technology described therein. You may only use the Service as expressly permitted by these Terms; all rights not expressly granted to you are reserved by Market Pro, its third-party providers, including without limitation The TIE LLC (hereinafter sometimes referred to as The TIE and expressly included as a third party provider) and other respective owners if any, as they may exist from time to time.

HOW YOU MAY USE OUR MARKS

The Markets Pro name and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from CT Editorial Group LLC, its parent company, or its wholly-owned subsidiaries. All other trademarks and service marks including without limitation that of The TIE, LLC., herein are the property of their respective owners. All copies that you make of the Content or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any Markets Pro name or registered trademark in any advertising, publicity or in any other commercial manner without the prior written consent of Markets Pro. Requests for authorization should be made to marketspro@cointelegraph.com. Furthermore, you shall, notify Us promptly upon becoming aware of any unauthorized access to or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

NO ENDORSEMENTS MADE BY COINTELEGRAPH MARKETS PRO

THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY COIN, CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A PARTICULAR COIN, CURRENCY OR INSTRUMENT) BY US OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO CONTENT ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF A USER. COINTELEGRAPH EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY COIN, CURRENCY, SECURITY OR OTHER INTEREST. WE DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. CONTENT ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PERSONAL USE WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF COINTELEGRAPH. YOU ACKNOWLEDGE THAT ON OCCASION OUR OFFICERS, DIRECTORS, MANAGERS, AND/OR EMPLOYEES MAY OWN, ADVISE, OR OTHERWISE HAVE AN INTEREST IN, THE DIGITAL ASSETS REFERENCED ON THE SITE.

Cointelegraph is a publisher of financial information, not an investment adviser. We rely upon the “publisher’s exclusion” from the definition of investment adviser under Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and corresponding state securities laws. We do not provide personalized or individualized investment advice. Any information provided as part of the Services is impersonal and not specific to any person’s investment needs. You acknowledge and agree that no Content published or otherwise provided as part of any Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy. To the extent that any of the Content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person;

The Site is limited to the dissemination of non-specific, non- individualized and objective investment-related information. The publication of the Site on the Internet and the publication of any content should not be construed by any user and/or prospective user as Markets Pro’s (i) solicitation to effect, or attempt to effect transactions in securities over the Internet, or (ii) provision of any investment related advice or services tailored to any particular individual’s financial situation or investment objective(s).

Users do not receive investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of the user’s individual investment portfolio or individual particular needs. Therefore, no user should assume that his/her/its use serves as a substitute for individual personalized advice from an investment professional of the user's choosing. Rather, the Site is designed solely to provide users with a method to evaluate certain investment-related information and trading methodologies/systems. It is highly recommended that all users seek advice from an investment and/or tax professional before making an investment of any kind.

The user maintains absolute discretion as to whether or not to follow any portion of the Site content. Markets Pro does not offer or provide investment implementation services, nor does it offer or provide initial or ongoing individual personalized advice (neither in person nor via the Internet). It remains the user’s exclusive responsibility to review and evaluate the content and to determine whether to accept or reject any Site content. Markets Pro expresses no opinion as to whether any of the Site content is appropriate for a particular user’s investment portfolio, strategy, financial situation, or investment objective(s).

It is the user’s exclusive responsibility to determine if any portion of the investment-related information and trading methodologies/systems on the Site, if any, is suitable or appropriate for his/her financial situation and/or investment objectives, both initially and on an ongoing basis. No current or prospective user should assume that the future performance of any specific investment, investment strategy (including the investments or trading methodologies/systems discussed on the Site) or any other Site content will be suitable or profitable for a user’s portfolio, equal historical or anticipated performance level(s), or prove to be correct.

Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a user or prospective user’s investment portfolio. Investments in cryptocurrencies or digital assets such as tokens are particularly risky and speculative investments. Users do not receive investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of the user’s individual investment portfolio or individual particular needs. Therefore, no user should assume that his/her/its use serves as a substitute for individual personalized advice from an investment professional of the user’s choosing.

The information contained on this website and Markets Pro may include, or incorporate by reference, forward-looking statements, which would include any statements that are not statements of historical fact. No representations or warranties are made as to the accuracy of such forward-looking statements. Any projections, forecasts and estimates contained on this website, our reports, or newsletters are necessarily speculative in nature and are based upon certain assumptions. These forward-looking statements may turn out to be wrong and can be affected by inaccurate assumptions or by known or unknown risks, uncertainties and other factors, most of which are beyond our control. This may include misrepresentations by the project teams, faulty due diligence, or the vagaries and volatility of the nascent cryptocurrencies market and early use stages of blockchain technology. It can be expected that some or all of such forward-looking assumptions will not materialize or will vary significantly from actual results.

RELEASE: Each user or prospective user acknowledges and accepts the limitations of the Site and Markets Pro and agrees, as a condition precedent to his/her/its access to the Site, to release and hold harmless Cointelegraph, The TIE, its members, officers, directors, owners, employees, advisors, affiliates, and agents from any and all claims and adverse consequences resulting from his/her/its use, including, but not limited to, losses resulting from the user’s implementation of any of investment-related information, recommendations and/or trading methodologies/systems.

CONTENT DISCLAIMER

THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR. THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THETIE.IO OR ANY OTHER PERSONS CREATING OR TRANSMITTING SUCH INFORMATION. IN ADDITION, WE CANNOT VERIFY THE DATA FROM EXTERNAL VENDORS AND THIRD PARTIES IS ALWAYS ACCURATE AND OUR LIMITATIONS APPLY EQUALLY TO INFORMATION RECEIVED FROM THEM.

This site cannot assist you with respect to any regulatory complaint. If you have a specific complaint about the trading of a cryptocurrency, or about an exchange, please register your complaint with an appropriate regulatory entity. For example, for more information, see www.sec.gov (U.S. Securities and exchange Commission), www.finra.org (Financial Industry Regulatory Authority) or www.nasaa.org (North American Securities Administrators Association).

THE COMPANY HAS DISCLAIMED ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE INFORMATION CONTAINED ON THIS SITE. NEITHER THE COMPANY NOR ANY INFORMATION PROVIDER(S) SHALL UNDER ANY CIRCUMSTANCE BE LIABLE TO ANY USER (AND/OR ANY THIRD PARTY) FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER.

DISCLAIMER OF WARRANTIES

The Services, and any content obtained or accessed through the Services, including without limitation third party content, is provided "as is" without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Markets Pro, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services.

Markets Pro and its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, third party content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or any other potentially harmful components. Markets Pro and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of Markets Pro or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the Site, the content contained therein, and Content provided through the site, are entirely at Your own risk. Markets Pro and its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.

INDEMNIFICATION

You agree to indemnify and hold Us and (as applicable) our parent, The TIE, LLC, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of these Terms, Your violation of any law, or Your violation of the rights of a third party, including the infringement by You of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Under no circumstances shall Cointelegraph Markets Pro be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or Content, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

LIMITATION OF LIABILITY

COINTELEGRAPH MARKETS PRO and The TIE, LLC DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, CONTENT, OR OPPORTUNITIES OBTAINED THROUGH, POSTED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL Markets Pro OR THE TIE BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Markets Pro IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE CONTENT OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. Markets Pro DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, Content OR OPPORTUNITIES DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.

If You believe in good faith that materials displayed on Markets Pro infringes Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, CT Editorial Group, LLC, 21 West 46th Street, New York, NY 10036. with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf. Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.

ARBITRATION NOTICE

YOU AGREE THAT DISPUTES OR CONTROVERSIES ARISING BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. BY AGREEING TO ARBITRATE YOU WAIVE THE RIGHT TO HAVE ANY DISPUTES OR CONTROVERSIES ARISING BETWEEN YOU AND US DECIDED BY A JURY. IN ADDITION, PLEASE BE ADVISED THAT ARBITRATIONS ARE CONDUCTED WITH LIMITED DISCOVERY, FACT FINDING AND MOTION PRACTICE.

LEGAL NOTICES

If you are a California resident, please be advised that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.