OUTLIER TRADES LLC

OUTLIERTRADES.AI TERMS OF SERVICE

 

Effective Date: June 12, 2024

 

OUTLIERTRADES.AI ( OUTLIER , Company , we , our , or us ) is a business under the ownership of OUTLIER TRADES LLC, a Delaware limited liability company. The terms "you," "your," "yours", user , users , Customers , and "Customer" refer to the customer using our Website. The terms "Site", "Website", "Application", App , "Product", Services and "Service" refer to the website and services provided by OUTLIER.

 

OUTLIERTRADES.AI is an informational stock research service that provides trade alert signals to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the Terms of Service ), as well as any other written agreement between us and you. In addition, when using services or materials on this website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in this Terms of Service Agreement. All such guidelines or rules are hereby incorporated by reference into this Terms of Service Agreement.

 

This Terms of Service agreement is a binding contract between you and OUTLIER TRADES LLC.

 

OUTLIER is NOT registered, licensed, or supervised as a broker dealer or investment advisor by the SEC, the Financial Industry Regulatory Authority (FINRA), or any other financial regulatory authority or licensed to provide any financial advice or services. OUTLIER strongly recommends ALL users consult with professional tax, legal, and financial advisors before buying and selling stocks or any other type of publicly traded financial security. YOU ARE SOLELY RESPONSIBLE FOR WHAT YOU DO OR DO NOT DO WITH THE INFORMATION PROVIDED BY OUTLIER, INCLUDING BUT NOT LIMITED TO EXECUTING TRADES FOR FINANCIAL SECURITIES.

 

There is no guarantee of profits, and all investments involve risk, including the risk of the loss of 100% of your invested capital. Past performance does not in any way represent or guarantee expected future performance.

 

 

The information published by OUTLIER is based on our proprietary artificial intelligence system plus statistical, technical, and financial data and independent research. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendations to buy, hold, or sell securities, or to engage in any trading strategy. Such recommendations may only be made by a personal advisor or a licensed financial advisor.

 

All information provided herein is made to customers, investors, and speculators in general strictly for informational purposes without regard to their individual investment goals, financial circumstances, investment knowledge and abilities or personal attitudes toward investing or trading. Customers can and do lose money from buying and selling financial securities such as stocks.

 

None of the information contained on the OUTLIERTRADES.AI website, email alerts, social media alerts, or SMS text message alerts constitutes a recommendation that any particular security, portfolio, transaction, or investment strategy should be purchased or sold. YOU ARE SOLELY RESPONSIBLE FOR WHAT YOU DO OR DO NOT DO WITH THE INFORMATION THAT OUTLIER PROVIDES TO YOU AS THE CUSTOMER. We do not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio, transaction, investment strategy or other matter. As such, customers agree that under no circumstances will OUTLIER be held liable for any loss or damage caused by your reliance on information obtained from this website including but not limited to any emails, text messages, communications, social media posts, internet posts, or any other materials. Buying and selling stocks involves risk and trading financial securities is not suitable for all investors.

 

This is neither a solicitation nor an offer to Buy or Sell equities. No representation is being made that any customer will or is likely to achieve profits or losses similar to those published on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. YOU ARE SOLELY REPSONSIBLE FOR THE TRADES THAT YOU EXECUTE.

 

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE THIS TERMS OF SERVICE AGREEMENT, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS TERMS OF SERVICE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

 

This Terms of Service Agreement are effective as of June 12, 2024. We expressly reserve the right to change this Terms of Service agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this website and the Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

 

 

DESCRIPTION OF SERVICES

OUTLIER offers stock market research services at its website https://outliertrades.ai/ with trade alerts delivered via email, X (Twitter), SMS text message and API connection.

 

The service includes but is not limited to: stock market trade alerts that are sent in real-time via email, social media, and SMS text messages; and the OUTLIER website or software applications provided by OUTLIER.

 

You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, smartphone, modem, and Internet access (including payment of all fees associated with such access).

 

We reserve the sole right to either modify or discontinue the website, including any of the website s features, at any time with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. Any new features that augment or enhance the then current services on this website shall also be subject to this Terms of Service Agreement. We also reserve the right, in our sole discretion, to reject or remove any material that you upload, send or receive, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

 

 

RISK DISCLAIMERS

OUTLIER is not a licensed financial advisor and no information provided by OUTLIER should be construed as investment advice. OUTLIER is not a registered broker-dealer and does not handle or manage portfolio funds.

 

OUTLIER offers independent investment opinions, market research and stock market trade alerts.

 

Trading financial securities of any type includes inherent risks. Users should always check with their licensed financial advisor, including their tax advisor, to determine the suitability of any investment. OUTLIER strongly recommends that any customer trading securities should do so with extreme caution. Prior to the execution of a security trade based on the information provided by OUTLIER, all customers should always first consult with their licensed financial advisor, broker, or other financial representative.

 

All customers are solely responsible for performing their own due diligence prior to investing in the financial securities mentioned by OUTLIER. Customers should obtain the company's annual financial report and other publicly available information to complete their own due diligence prior to buying or selling any financial securities. OUTLIER strongly recommends that all customers visit the Securities and Exchange Commission website (www.sec.gov) to access due diligence materials including, but not limited to, financial reports, financial statements, proxy information, and other information that is filed by publicly traded companies with the Securities and Exchange Commission. Additionally, the National Association of Securities Dealers Regulation provides perspectives and information on how to invest carefully online at www.finra.org.

 

OUTLIER is not responsible for any investment decision made by any customer. You are solely responsible for any and all investment decisions you make, including buying and selling financial securities of any type. OUTLIER simply provides information to customers. You as a customer are solely responsible for what you do with that information, including but not limited to buying and selling stocks or other financial securities.

 

Opinions and trade alerts published by OUTLIER should not be construed as investment advice in any capacity. Do not assume that any trade alerts, insights, charts, theories, or philosophies will guarantee profitable investment from your use of the OUTLIER services. OUTLIER does not endorse any recommendation or opinion made by a customer, nor does OUTLIER advocate or recommend the purchase or sale of any security or any other investment.

 

Customers agree that under no circumstances will OUTLIER be held liable for any loss or damage caused by your reliance on information obtained from this website including any SMS text messages, emails, or any other materials. Investing and trading financial securities include inherent risks and should not be undertaken without professional advice.

 

By agreeing to this Terms of Service Agreement, you agree to release and hold OUTLIER TRADES LLC completely harmless from any and all losses that may occur for any reason or cause including negligence on the part of OUTLIERTRADES.AI and/or OUTLIER TRADES LLC as a result of reading this website, using the OUTLIER service in any capacity, using or relying on any information contained herein, or in any communications including but not limited to SMS text messages, emails, social media, website information or internet posts.

 

 

AUTO TRADING SERVICE

OUTLIER offers an automated trading feature that allows you to connect your OUTLIER account to your Tradier brokerage account. When the OUTLIER system sends out a new real-time trade alert, that information will also be automatically sent to your Tradier brokerage account so that you can manually approve each trade order for execution. You must have a Tradier brokerage account to use the automated trading service. OUTLIER does not charge any extra fees for linking your OUTLIER account to your Tradier account for automated trading. Please contact Tradier directly for more information about automated trading. Whether you use Tradier or manually execute trades with any other brokerage, you are solely responsible for every trade that you execute.

 

 

TRADE EXECUTION

OUTLIER is not an investment advisor or a registered securities broker/dealer. OUTLIER provides simple information in the form of trade alerts. You are solely responsible for actually executing the trades on your own from your own trading brokerage account. OUTLIER does offer an auto trading feature that automatically sends the trade alerts from your OUTLIER account to your Tradier brokerage account, but you still must manually approve each trade order before the trade actually gets executed on the Tradier side. Please contact Tradier directly for more information about auto trading.

 

 

REAL-TIME DELIVERY SPEEDS

New trade alerts are sent via email, social media, and SMS text message in real-time or as close to real-time as possible. You must enter a valid email address and X (Twitter) username in the OUTLIER customer account dashboard to receive the trade alerts. Your notification settings within your OUTLIER customer dashboard must be enabled to ensure delivery to your email address and mobile phone number. Due to the nature of how emails and text messages are sent and processed through your email provider and mobile phone carrier, it could take up to 10-90 seconds or more from the original event timestamp before you actually receive the trade alert notifications on your device. We know that seconds matter when you're trading and our engineering team is constantly monitoring and optimizing our system to deliver all trade alert data to you as quickly as possible. OUTLIER makes no guarantees or representations with respect to delivery speed for the length of time it takes for the trade alert to be sent from the OUTLIER system to your email and/or mobile phone number.

 

 

SERVICE USAGE TERMS

You may be required to sign up for an account and select a password and username ( User ID ). You promise to provide us with accurate, complete, and updated registration information about yourself. For your User ID, you may not select a name that you do not have the right to use, or another person s name with the intent to impersonate that person.

 

You represent and warrant that you are of legal age to form a binding contract. If you re agreeing to this Terms of Service Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Terms of Service Agreement on that organization or entity s behalf and bind them to this Terms of Service Agreement (in which case, the references to you and your in this Terms of Service Agreement, except for in this sentence, refer to that organization or entity).

 

You will only use the Services for your own personal use and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren t authorized to use the Services. We can t and won t be responsible for your use of the Services in a way that breaks the law.

 

You are solely responsible for protecting the security of your account and your password. You are responsible for any activity associated with your account.

 

We retain the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of text messages you send and receive, the total number of email messages you receive, or messages you use that are not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action and allow a reasonable period to allow you to modify your use.

 

Illegal or Inappropriate Behavior. You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with OUTLIER's ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages OUTLIER's or other customers' property. If OUTLIER finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, OUTLIER may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses include, but are not limited to: (1) Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another's privacy; (2) Harvesting or otherwise collecting information about others, including email addresses, without their consent; (3) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous; (4) Using any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; (5) Using the Services, or permit it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without OUTLIER s prior written consent; (6) Using the Services to develop or enhance any software, software code, or any derivative works of any software without OUTLIER s prior written consent; (7) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (8) Utilizing the Services in excess of what, in OUTLIER's sole discretion, would be expected of normal use, including publicly or privately sharing trade alerts generated by the OUTLIER system; and (9) Using the Services in any way that interferes with other customers' and third parties' use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.

 

You further understand and agree that:

 

Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). In addition, unusually high usage of the Services may impair OUTLIER's ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, OUTLIER may suspend or terminate Your Account or, upon prior notice. OUTLIER reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.

 

 

RESTRICTIONS

You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:

 

i.               Violates any law or regulation;

ii.             Infringes or violates the intellectual property rights or any other rights of anyone else (including OUTLIER);

iii.            Jeopardizes the security of your OUTLIER account or anyone else s (such as allowing someone else to log in to the Services as you);

iv.            Attempts, in any manner, to obtain the password, account, or other security information from any other user;

v.             Violates the security of any computer network, or cracks any passwords or security encryption codes;

vi.            Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

vii.           Uses any intellectual property rights protected by applicable laws and contained in or accessible through the Services;

viii.          Uses the Services, or permits it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without prior written consent from OUTLIER;

ix.            Uses the Services to develop or enhance any software, software code, or any derivative works of any software without prior written consent from OUTLIER;

x.             Runs any form of auto-responder or spam on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services infrastructure);

xi.            Copies or stores any significant portion of the Content;

xii.           "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

xiii.          Publicly or private share trade alerts generated by the OUTLIER system.

 

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

 

 

TERMINATION

OUTLIER is free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of this Terms of Service Agreement. OUTLIER has the sole right to decide whether you are in violation of any of the restrictions set forth in this Terms of Service Agreement.

 

Account termination may result in destruction of any content associated with your account, including any usage records being stored on your OUTLIER account. IF YOU CANCEL YOUR OUTLIER ACCOUNT, YOU WILL IMMEDIATELY LOSE ACCESS TO YOUR OUTLIER ACCOUNT AND THE TRADE ALERTS GENERATED BY THE OUTLIER SYSTEM. THERE ARE NO PRORATED REFUNDS.

 

If you have cancelled your OUTLIER account by mistake, contact us immediately at SUPPORT@OUTLIERTRADES.AI. We will try to help, but unfortunately, we can t guarantee that we can recover or restore anything.

 

OUTLIER reserves the right to suspend or terminate your account and associated Service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to OUTLIER when OUTLIER believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to OUTLIER.

 

If, for any reason, OUTLIER believes that You are using the Service for a prohibited purpose and/or Your usage violates the Terms of Service Policy, then OUTLIER may, in its sole discretion with or without notice, terminate Your service.

PAYMENT AND CHARGES

You agree to pay all charges for your use of the Service in accordance with the pricing plan you were offered and agreed to upon signing up for the Service. OUTLIER reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Service as it deems appropriate and OUTLIER reserves the right to change prices or institute new charges for access to or use of the Service.

 

OUTLIER may amend your pricing plan, including any charges thereto, at any time either by posting pricing plan changes on the OUTLIER Website, or sending information regarding the pricing plan changes to the email address you provided to OUTLIER. You are responsible for regularly reviewing such pricing information. Continued use of the Service, or non-termination of your OUTLIER account, after changes are either posted or emailed to you constitutes your acceptance of the prices as modified.

 

a.     Your monthly subscription fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, OUTLIER may submit charges for your monthly service fee each month. You agree that OUTLIER may (at its discretion) accumulate Service fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that OUTLIER may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated Service fee charges may appear on the statement you receive from your card issuer.

 

Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that OUTLIER is authorized to charge your designated card(s). Your card issuer's agreement governs your use of your designated card in connection with payment for the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.

 

b.     Refund Policy Terms: OUTLIER DOES NOT OFFER REFUNDS. If you are unsure about trying the service, OUTLIER offers a FREE subscription plan. No credit card is required to sign up for the FREE subscription plan. PLEASE DO NOT SIGN UP FOR A PAID SUBSCRIPTION PLAN IF YOU HAVE ANY EXPECTATIONS OF GETTING A REFUND. For all PAID subscription plans, your monthly subscription plan fee will be CHARGED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT AT THE TIME OF SIGN UP (meaning the amounts charged will not be considered available credit or debit funds in such account). These fees will be immediately charged to your credit or debit card at the time of sign up, without further authorization from you, unless you provide prior notice that you have terminated your OUTLIER account. Such notice will not affect charges submitted before OUTLIER reasonably could act on your notice. THERE ARE NO PRORATED REFUNDS. IF YOU SIGN UP ON MONDAY AND CANCEL THE SERVICE NEXT DAY, YOUR ACCOUNT ACCESS WILL BE TERMINATED ON TUESDAY AT THE TIME YOU CLOSE YOUR ACCOUNT. You can cancel your OUTLIER account at any time by submitting an email request to SUPPORT@OUTLIERTRADES.AI or by logging into the OUTLIER Account Dashboard and clicking the CLOSE ACCOUNT button on the Settings Page.

 

c.     Changed Billing Information: You must promptly notify OUTLIER of changes to: (a) the account number, security code or expiration date of your designated credit or debit cards; (b) your billing address for the designated credit or debit card. You must also promptly notify OUTLIER if your card is canceled for any reason, including loss or theft. In order to avoid Service interruptions caused by declined credit or debit card charges, you are solely responsible for updating your billing information on the Billing Settings page of your OUTLIER account dashboard.

 

ACCOUNT CANCELLATION

You may cancel your subscription for our service at any time for any reason. However, OUTLIER does not prorate any fees, charges, or applicable taxes associated with our service upon any termination or cancellation and does not refund any such amounts for any billing invoices already charged under any circumstances. When you cancel your OUTLIER subscription, your access to your OUTLIER account and access to the trade alerts ends immediately after you cancel the service. There are no pro-rated refunds if you cancel during your current billing cycle. Your account will be closed, and you will no longer receive access to the trade alerts, effective immediately on the same day that you cancel your subscription from the OUTLIER account dashboard or contact customer support with a request to cancel your subscription.

 

 

FREE SUBSCRIPTION PLAN AND PAID SUBSCRIPTION PLANS

OUTLIER offers a FREE subscription plan. No credit card is required to sign up for the FREE subscription plan. There will never be any charges due for the FREE subscription plan. OUTLIER requires all users signed up for the FREE subscription plan to login to your OUTLIER account once every 180 days to keep the account active. If you do NOT login to your OUTLIER account at least once every 180 days, your OUTLIER account will be automatically closed.

 

OUTLIER offers several PAID subscription plans. For all paid subscription plans, OUTLIER requires all new customers to submit a credit card number during the checkout process. This is a subscription service and YOUR CREDIT CARD WILL BE CHARGED UPFRONT AT THE TIME OF SIGN UP for your first monthly billing cycle. Your credit card will continue to be billed monthly for your recurring subscription charges until you cancel your account. You can cancel at any time for any reason. Just submit a help ticket from the Contact Us page or click the Close Account button on the Settings page within the customer account dashboard.

 

 

NO RESALE OF THE SERVICE

You are prohibited from selling, reselling, renting, distributing, or leasing the use of the Service in any capacity. If any customer distributes any content from any of the OUTLIER customer dashboard pages, forwards any social media posts, SMS text messages, or emails sent by OUTLIER without OUTLIER s explicit written permission will have their subscription terminated without refund. Customers are prohibited from forwarding OUTLIER emails, social media posts, or SMS Text Messages. The sharing of OUTLIER account passwords is strictly prohibited. Posting any content from OUTLIERTRADES.ai via social media or other means is strictly prohibited. If any customer is to be found in violation of the rules listed in this section, your OUTLIER account will be immediately terminated without refund and a permanent ban will be applied, preventing you from signing up again in the future under a different email address. You agree that OUTLIER will file a legal complaint with the Courts of Delaware against any customer that attempts to resell the OUTLIER services in any capacity or distribute OUTLIER information for free to other people. OUTLIER will seek maximum damages and penalties under the law for those that attempt to defraud OUTLIER or violate the terms within this Terms of Service agreement. Nothing in this Terms of Service Agreement gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in any capacity without OUTLIER s explicit written permission.

 

 

ACCOUNT OWNERSHIP

The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with OUTLIER. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation. OUTLIER shall not adjudicate ownership-related disputes, or any other internal business disputes. If OUTLIER is unable to determine the valid owner of the Account, OUTLIER reserves the right to suspend or terminate the Account and Services.

 

 

INDEMNIFICATION

To the fullest extent allowed by applicable law, You agree to indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages (actual and consequential), losses and expenses (including attorneys fees), and liability caused by your use of the Services and Service Content, your violation of this Terms of Service Agreement, or your violation of any rights of a third party through use of the Services or Service Content.

 

 

ASSIGNMENT

You may not assign, delegate or transfer this Terms of Service Agreement or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without OUTLIER s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

 

WARRANTY DISCLAIMER

OUTLIER does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided AS IS and without any warranty of any kind from OUTLIER or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).

 

YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

Any rights not expressly granted herein are reserved by us.

 

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT.

 

 

GENERAL

 

Enforcement of this Terms of Service Agreement will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Terms of Service Agreement or your use of the Services or Service Content will lie in the state and federal courts located in New Castle County, Delaware, and each party irrevocably agrees to submit to the jurisdiction of such courts. Notwithstanding this, you agree that we will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Our failure to enforce any right or provision in this Terms of Service Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of this Terms of Service Agreement to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. This Terms of Service Agreement constitutes the whole legal agreement between the parties in connection with your use of the Sites and Services, and governs such use. This Terms of Service Agreement completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Website and Services. Except as expressly provided in this Terms of Service Agreement, any modification of or changes to this Terms of Service Agreement must be in a writing duly authorized by an authorized representative of ours.

MISCELLANEOUS

Survival. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, use policies and restrictions, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.

 

Force Majeure. OUTLIER shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond OUTLIER s reasonable control.

 

Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and OUTLIER ("Dispute"), You and OUTLIER shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of OUTLIER s legal department (or other representative of OUTLIER designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor OUTLIER shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.

 

Non-disparagement. You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages OUTLIER or the Applications or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, OUTLIER may terminate Your access to the Applications or Services if You breach the requirements of this section. We are under no obligation to, and do not, review content transmitted, sent, or received using the Applications or Services for purposes of determining copyright infringement. However, OUTLIER reserves the right to terminate access to its Applications or Services if a user infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Applications or Services if OUTLIER determines that a user is a repeat infringer.

CONTACT INFORMATION

If you have any questions, comments, or concerns regarding this Terms of Service Agreement or our Service, you may contact us at SUPPORT@OUTLIERTRADES.AI.