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Terms and Conditions

Please read these terms and conditions before using our website.

Introduction

Market Winnow. ("Market Winnow," "we," or "us") provides its website (Site), Market Winnow, located at www.marketwinnow.com, to you, an individual user ("you"), for your usage, subject to compliance with the terms and conditions set forth herein.
 

By using the Site, you agree to be bound by the the Terms of Use (the "TOU") in this document. If you do not agree to the terms and conditions of the TOU, please do not access or otherwise use the Site or any information contained herein.

Disclaimer and Limitations of Liability

The information on the Site is provided for educational purposes only. The Site does not offer tax, legal, insurance, or investment advice. We do not control or endorse other websites or information published on the Site created by third parties, nor have we reviewed or approved any information that appears on such other websites or our Site. The Site contains links to these other internet websites for your convenience only. You are responsible for using such links to all third-party sites, and we are not responsible for any loss or damages resulting from or alleged to have been caused by the use or reliance on any such information.


The Site is directed solely to individuals residing in jurisdictions in which the provision of the Site's information is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the Site's availability to any person, geographic area, or jurisdiction we desire at any time and in our sole discretion and to limit the quantities of any such service or product we provide.


You understand that no information published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy, suits any specific person. An investment in any security is subject to several risks, and information about any security published on the Site will not contain a complete list or description of all relevant risk factors. Past performance is no guarantee of future results, and you should not assume that the future performance of any specific investment or investment strategy mentioned on the Site will be profitable or equal to corresponding past performance levels.


We use data supplied by third parties to provide you with information on the Site, including information derived through computations, but we do not guarantee that such data is reliable or error-free. You acknowledge that we may make mistakes when using such data, or when calculating and displaying information to you.


The Site, and any product or service obtained or accessed through the Site, are provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express, implied, or statutory, including, but not limited to, warranties of title and non-infringement, implied warranties of merchantability and fitness for a particular purpose, and all warranties relating to the originality, adequacy, accuracy, timeliness, merchantability, or completeness of any information on our Site.


We and our affiliates, suppliers, agents, sponsors, information providers, and any other third party involved in or related to the making or compiling of the Site are not liable for lost profits, lost savings, or any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way to the Site and any information contained therein or any product or service used or purchased through Market Winnow. Your sole remedy for dissatisfaction with the Site is to stop using it. Our sole and exclusive maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise, shall not exceed the total amount paid to us by you, if any, for access to the Site or any services, during the previous six (6) months before bringing the claim.


We reserve the right to terminate your access to and use of the Site under certain circumstances and without prior notice. Cause for such termination shall include, but not be limited to breaches or violations of the TOU or other agreements or guidelines, requests by law enforcement or other government or regulatory authorities or repeat violators of third-party copyrights or other intellectual property.


No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.


The TOU and all Market Winnow policies referred to herein constitute the entire agreement between you and Market Winnow relating to your use of the Site and supersede all prior or contemporaneous written or oral agreements between us. The TOU, privacy policy, and the relationship between you and Market Winnow are governed by and construed by the laws of Denmark without regard to its principles of conflict of laws. You and Market Winnow agree to submit to Denmark's exclusive jurisdiction and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.

Indemnification

As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents, representatives, information providers, and any other third party involved in or related to the making or compiling of the Site harmless from and against any claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from

 

  1. Your violation of the TOU;

  2. Your use or any third party's use of, or inability to use, the Site; or

  3. Your violation of the rights of any third party.

This defence and indemnification obligation will survive these TOU and your use of the Site.

Intellectual Property

The Site and the information contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and any other information on the Site and the trademarks, service marks and logos contained therein, are the property of Market Winnow and its third-party licensors or providers.


You may access and use the information and download or print copies of any information from the Site solely for your personal, non-commercial use. If you download or print a copy of the information for personal use, you must retain all copyright and other proprietary notices.


You acknowledge that you do not acquire any ownership rights by using the Site. Market Winnow reserves all rights not expressly granted in and to the Site.


Market Winnow™ is a trademark and service mark of Market Winnow or an affiliate. All other trademarks, service marks, and logos used on our websites are their respective owners' trademarks, service marks, or logos.


You may link to any information on the Site. If you are interested in reprinting, republishing, or distributing information from Market Winnow, please get in touch with Market Winnow to obtain written consent.

User Conduct

This User Conduct section shall survive any termination of these TOU.


You affirm that you are over 18, as we do not intend the Site for children under 18. If we receive reliable information that a registered user is a child under 18, we will cancel that user's account.


You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit information from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the information or use of the information for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.


In addition, in connection with your use of the Site and its services, you agree not to: 

 

  1. Restrict or inhibit any other visitor from using the Site, including, without limitation, using “hacking” or defacing any portion of the Site; 

  2. Use the Site for any unlawful purpose;

  3. Express or imply that we endorse any statements you make without our prior written consent; 

  4. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site; 

  5. Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising; 

  6. "Frame" or "mirror" any part of the Site without our prior written authorization;

  7. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," "scrape," "harvest," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

  8. Harvest or collect information about visitors to the Site without their express consent;

  9. Send unsolicited or unauthorized advertisements, spam, chain letters, and such to other users of the Site; 

  10. Transmit information containing software viruses or other harmful computer code, files, or programs.

You also agree to comply with all applicable laws, rules, and regulations concerning your use of the Site and the information available. We aim to prevent, detect, and not knowingly facilitate money laundering and terrorism financing activities. You may not use the Site in a manner that violates our anti-money laundering, counter-terrorist financing, or similar regulatory obligations.

Jurisdiction and Governing Law

The Site is directed solely to individuals residing in jurisdictions in which the provision of the Site's information is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable.


We reserve the right to limit the Site's availability to any person, geographic area, or jurisdiction we desire at any time and in our sole discretion and to limit the quantities of any such service or product we provide.


The TOU and all Market Winnow policies referred to herein constitute the entire agreement between you and Market Winnow relating to your use of the Site and supersede all prior or contemporaneous written or oral agreements between us. The TOU, privacy policy, and the relationship between you and Market Winnow are governed by and construed by the laws of Denmark without regard to its principles of conflict of laws.


You and Market Winnow agree to submit to Denmark's exclusive jurisdiction and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.

Account Creation

You must create an account to access some of the Site's services. By creating this account, you agree to the following:

 

  1. You may only maintain a single account;

  2. You may never share your account username or password or knowingly provide or authorize access to your account (including without limitation a "Subscription," as defined below);

  3. You may never use another user's account without permission;

  4. When creating your account, you must provide accurate and complete information;

  5. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure; 

  6. You must notify us immediately of any security breach or unauthorized account use;

  7. You will be liable for any use of your account or password and the losses of Market Winnow or others due to such unauthorized use. We will not be liable for your losses caused by the unauthorized use of your account.

Termination and Modification

We reserve the right at any time to:

 

  1. Change the terms and conditions of the TOU;

  2. Change the Site, including eliminating or discontinuing any information or feature of the Site;

  3. Impose fees, charges, or other requirements for using the Site or parts thereof (with reasonable notice). 

Market Winnow may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.

Subscription and Price Structure

By subscribing to Market Winnow subscription products (the "Subscription"), you agree to pay the applicable Subscription fees set forth on the Site. Market Winnow reserves the right to revise Subscription fees upon reasonable notice.


Unless stated otherwise in writing, Subscription fees are non-refundable. 


You may cancel further purchases of Market Winnow products or complimentary services by emailing us at info@marketwinnow.com.


During any free trial portion of a Market Winnow subscription, you may cancel your trial subscription at any time (and not be billed) by notifying us as provided in the above mentioned paragraph. You must cancel your trial subscription at least one (1) day before the free trial period expires to avoid conversion to a paid subscription.
When you begin your initial paid Subscription, we will charge the relevant subscription fee to your payment account, and your paid Subscription will start.


Once your initial paid Subscription commences, we do not provide refunds for initial orders or recurring payments.


Market Winnow reserves the right to cancel a Subscription at any time. If we cancel a Subscription due to a breach of these Terms of Use, you will not be eligible for any refund.

The Quantitative Model and Returns.

A systematic quantitative model generates market Winnow's ratings without human intervention. The returns we publish on the Site do not reflect those of an actual portfolio or investment product. We compute the returns from different ratings over specified horizons using an equally weighted model portfolio that includes all the stocks our quantitative model ranks. These calculated returns account for dividends. Additionally, the model rebalances the model portfolios daily to reflect changes in ranking and does so with zero transaction costs. Accounting for commission and transaction costs would reduce the model's returns.


Although we obtain information used to compute the returns of our rating system from sources we believe to be reliable, we cannot guarantee their accuracy. Nor do we guarantee that we use such information without error in computing model returns.


The opinions expressed in promoting our ranking system are those of Market Winnow, its editors, marketers, and contributors and may change without notice. Such information may need to be updated, but we have no obligation to update it. We provide such information for information purposes only, and we do not intend for it to constitute individual investment advice or to meet your financial situation. It does not constitute investment, legal, accounting, tax advice, or a recommendation to buy, sell, or hold a security.


We do not recommend or advise whether any investment suits a particular investor or a group of investors. You should not assume that any investments in securities, companies, sectors, or markets identified and described were or will be profitable. We strongly advise you to discuss your investment options with your financial adviser before making any investments, including whether any investment suits your needs.

General Provisions

No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.

Last Updated

March 6, 2023.

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