Please read the following terms of use (“Terms Of Use”) before accessing or using mezziapp.com or any related apps or services (collectively the “Site”). Regardless of whether or not you register for an account, by using the Site you agree to the terms herein, which constitute a legally binding agreement between you and Stocktalk, Inc., doing business under the name Mezzi (and is referred to as “Mezzi” in this document). If you do not agree to these terms, you should not use the Site.
Mezzi can amend, remove, or add to the Terms of Use without notice and at our sole discretion, and such amendments are effective immediately. As such it is your responsibility to review the Terms of Use when using the Site to ensure your use is in compliance with these terms. Using the Site after the terms have been modified constitutes your acceptance of the modified Terms of Use. Mezzi does not accept any modifications of these Terms of Use. If you do not agree with the Terms of Use, you must stop using the Site.
These Terms of Use govern how and under what conditions you may access and use this Site and the content within it (collectively, the “Content”). These Terms of Use establish the legally binding terms users must accept to use the Site, including users who are unregistered users, registered users, or paying subscribers. The term “Subscriber” means a person who provides information to Mezzi to use the Site in any manner, whether such person uses the Site for free as an unregistered user, a registered user, or a paying subscriber. These Terms of Use incorporate by reference (i) our Privacy Policy, and (ii) additional terms, if any, disclosed and agreed to by you if you become a registered user or paying subscriber. By accessing the Site, you accept these Terms of Use and consent to have these Terms of Use and any applicable notices referenced herein provided to you in electronic form. This Site, and the Content contained therein, is the exclusive property of Mezzi, its affiliates and/or their suppliers and licensors.
You may register and create an account at no cost. You may also use Mezzi without registering. As an unregistered user or a registered user who has not subscribed, you may use some, but not all, of the features, services and Content available through the Site. To access or use additional features, services and Content, you must become a paying subscriber to the Site. The subscription terms that are disclosed to you when you subscribe to the Site are a part of these Terms of Use. You acknowledge and agree that if you are an unregistered user or registered user who has not paid, you will not have access to the full features, services, and Content of the Site.
As a user Mezzi may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, email address, and portfolio information (where relevant). You agree that maintaining and updating this Personal Information with us is a prerequisite for receiving the Content on Mezzi and take responsibility for its accuracy.
Mezzi is not registered with the U.S. Securities and Exchange Commission (or with the securities regulatory authority or body of any state or any other jurisdiction) as an investment adviser, broker-dealer or in any other capacity, and does not purport to provide investment advice or make investment recommendations by or through the Content found on the Site or otherwise. The Site and the Content are provided for the sole purpose of enabling you to conduct investment research. Other uses of the Site and the Content are expressly prohibited.
You agree and acknowledge that:
All Content accessed through this site is the Intellectual Property of Mezzi, or of the party that created and/or licensed the Content to Mezzi, and such Content is protected by copyright, trademark, trade dress and other intellectual property laws. No rights or title to any of the Intellectual Property contained on this site shall be considered transferred or assigned to you at any time. Subject to all applicable laws, you expressly agree that you will only use the Content for its limited purpose and will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Mezzi in each instance, except that you may share Content via the Mezzi sharing feature where applicable.
Any and all such Intellectual Property rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, trade dress rights, rights to trade names, service marks and other product and service names and logos) associated with the Content are, and shall remain, the sole and exclusive property of Mezzi, its affiliates and/or their suppliers and licensors.
All graphics, icons, and other items that appear on the Site may be registered or unregistered trademarks, service marks or trade dress (collectively, the “Marks”) of Mezzi, or other entities that have granted Mezzi the right and license to use such Marks, and may not be used or interfered with in any manner without the express written consent of Mezzi or the appropriate third-party owner of such Marks. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Intellectual Property of the Site in any way without Mezzi’ or the appropriate third party’s prior written consent. Except as expressly provided herein, Mezzi does not grant to you any express or implied rights to Mezzi’ or any third party’s Intellectual Property.
Any breach hereof by you may be enforced by Mezzi, its affiliates and/or their suppliers and licensors by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies that may be available. Actual or attempted illegal or unauthorized use of the Site, Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.
Mezzi grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site and the Content only in the manner presented by Mezzi and conditioned upon your compliance with these Terms of Use. The Site and the Content contained therein may only be used for your personal use. Except to the extent required by law, or as expressly provided herein, none of the Content or any component of the Site may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form by any means, resold or redistributed without the prior written consent of Mezzi. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Mezzi.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to notify Mezzi immediately upon your becoming aware of any unauthorized use of your username and password or any other breach of security involving your account. You further agree to keep any registration information you provide Mezzi current, complete and accurate.
Mezzi bills you through your online account (your “Billing Account”) for subscribing to the Site. You agree to pay Mezzi all charges at the prices you agreed to for subscribing to the Site by using your Billing Account, and you authorize Mezzi to charge your chosen payment provider (your “Payment Method”) for subscribing to the Site. You agree to make payment using that selected Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Mezzi may in its discretion terminate your account immediately.
Your subscription will continue indefinitely until canceled by you. After your initial subscription period, your subscription will automatically renew for an additional equivalent period, at the price you agreed to when subscribing; provided, however, Mezzi reserves the right to increase the subscription fee at any time upon 30 days’ notice to you. By subscribing, you authorize Mezzi to charge your Payment Method at the beginning of your initial subscription period and any subsequent subscription period. Your subscription will not begin until all charges have been processed. You also authorize Mezzi to charge you for any sales or similar taxes that may be imposed on your subscription payments. If you do not wish for your subscription to automatically renew or if you wish to cancel your subscription, you may cancel your subscription through the subscription management link under the Profile menu of the Site, or by providing us with written notice at support@mezziapp.com, no less than 30 days in advance of any renewal subscription period.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as change in billing address, card number or expiration date), and you must promptly notify Mezzi if your Payment Method is canceled, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password).
You retain ownership of all Content that you submit, post, display, or otherwise make available on the Site. All content you post on the Site is public by default unless the Site indicates that it is private information.
If in the course of providing technical support or other maintenance of the Site it becomes necessary for Mezzi to view your private information, such viewing will be restricted to the very specific technical purpose.
By posting your Content in on the Site, you hereby grant to us and other Subscribers a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to use, reproduce, modify, translate, distribute, create derivative works of, perform, display, import, and otherwise exploit, without the requirement to make any payment to you or the need to seek any third party permission, such Content in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same, but at all times, in accordance with Mezzi’s Privacy Policy. You represent that (i) you have the right to provide the Content to Mezzi for purposes of your grant of the license that you have granted to Mezzi and other Subscribers in the preceding sentence of this paragraph and (ii) all Content is true, accurate, current and complete.
You agree to use the Site in strict compliance with all applicable laws, rulings and regulations. Mezzi does not represent that the materials on the Site, including the Content, are appropriate or available for use in any particular location. If you access the Site including the Content therein, you are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.
In addition to other restrictions set forth in these Terms of Use, you agree that (a) you will not use the Content or any portion of the Site as part of any intranet or other internal network; (b) you will not create archival or derivative works based on the Content or any portion thereof; (c) you will not use or access the Site, in Mezzi’ judgment, that adversely affects the performance or function of the Site, or interferes with the ability of authorized parties to access the Site; (d) you will not use or attempt to use any “deep-link”, “scraper”, “robot”, “bot”, “spider” “data-mining”, “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, the Content found on or accessed through the Site, or any user content without the prior express written consent of Mezzi; (e) you will not obtain or attempt to obtain through any means any Content on the Site that has not been intentionally made publicly available, either by their public display on the Site or through their accessibility by a visible link on the Site; (f) you will not violate any measure employed to limit to prevent access to the Site or the Content; (g) you will not violate the security of the Site or attempt to gain unauthorized access to the Site, the Content, or data, materials, information, computer systems or networks connected to any Mezzi server, through hacking, password mining or any other means; (h) you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any Content prior to the time that it is intended to be available to the public on the Site; (i) you will not take or attempt to take any action that, in the sole discretion of Mezzi, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the Mezzi infrastructure; and (j) certain areas of the Site are restricted to paying customers of Mezzi.
The Site may contain links to websites and resources, through hypertext or other computer links, operated by third parties other than Mezzi (collectively, the “Linked Sites”). These Linked Sites are provided solely for your reference and convenience, and not as an endorsement by Mezzi of the content on such Linked Sites or the operator or operation of such Linked Sites. Mezzi makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content found on any Linked Site. Mezzi is not responsible for the availability of the Linked Sites or the content or activities of such Linked Sites. If you decide to access Linked Sites, you do so at your own risk. You agree that Mezzi shall have no liability to you or any other person or entity for the use of third party Linked Sites. In addition, your use of Linked Sites may be subject to any applicable policies and terms and conditions of use posted on such Linked Sites.
A portion of the Content contained on the Site may be supplied by third parties, including Subscribers (“Third Party Content”). Mezzi is a distributor (and not a publisher) of such Third Party Content. Except to the extent that Mezzi seeks to enforce its rights under any of the terms of these Terms of Use, Mezzi does not have editorial control over any Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the Site, are those of the respective author(s) or distributor(s) and not of Mezzi. Any reliance you place on Third Party Content is therefore at your own risk. Neither Mezzi nor any third-party provider or distributor of information guarantees the accuracy, completeness, or usefulness of any Content accessible through the Site, nor its merchantability or fitness for any particular purpose. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content accessible through the Site.
These Terms of Use will remain in full force and effect while you use the Site and/or are a Subscriber. You agree that Mezzi, in its sole discretion, may terminate or suspend your use of the Site or your subscription, at any time if Mezzi has a reasonable basis to believe that you are accessing or using the Site and/or Content in violation of these Terms of Use. Upon such suspension or termination, you will not be entitled to any refund of unused subscription fees. Upon suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site or the Content. Accessing the Site after such termination or suspension shall constitute an act of trespass. Further, you agree that Mezzi shall not be liable to you or any third party for any termination or suspension of your access to the Site and/or the Content. The Terms of Use shall survive any such termination or suspension. If you cancel your subscription in accordance with these Terms of Use, you will maintain your subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription period.
MEZZI, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MEZZI, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PERFORMANCE, ADEQUACY, ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, THE CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT THE SITE OR CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”. FURTHER, THE CONTENT, MADE AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THIS SITE OR ITS CONTENTS ARE UNAVAILABLE. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE CONTENT MADE AVAILABLE ON THE SITE.
NEITHER MEZZI, NOR ITS AFFILIATES, NOR THEIR THIRD PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE SITE, INCLUDING THE CONTENT. MEZZI, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, INCLUDING INFORMATION, DATA, SOFTWARE, SERVICES, PRODUCTS, INFORMATION OR THE CONTENT CONTAINED THEREIN. THE SITE, THE CONTENT AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN ‘AS-IS’ BASIS AND YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. MEZZI, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DO NOT ACT NOR SHALL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SITE OR THE CONTENT. THE CONTENT SHOULD NOT BE RELIED ON AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND YOUR EXPERIENCE OR THE EXPERIENCE OF YOUR ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL MEZZI, ITS AFFILIATES, THEIR THIRD PARTY PROVIDERS, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND OPPORTUNITY COSTS, TRADING LOSSES, OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER MEZZI, ITS AFFILIATES NOR ANY OF THEIR THIRD PARTY PROVIDERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON MEZZI, ITS AFFILIATES OR THEIR THIRD PARTY PROVIDERS, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF MEZZI, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS IN CONNECTION WITH THE SITE, THE CONTENT AND/OR THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF THE SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR BROWSING AND USE OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Mezzi with respect to the use of the Site, including the Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend Mezzi, its affiliates and their respective directors, officers, employees and agents from and against any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs) arising out of your use of the Site, the Content, and/or material entered in to the Site by you and/or breach by you of these Terms of Use. These Terms of Use are personal to you, and you may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Use. Your use of the Site may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms of Use. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
Under California Civil Code Section 1789.3, Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about these Terms of Use, please email us at support@mezziapp.com