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TERMS OF USE
--------------------------------------------------------------------------------
Updated on: August 9, 2022
PLEASE SCROLL DOWN AND CAREFULLY READ THE TERMS OF USE BELOW.
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (THIS “AGREEMENT”), SET FORTH
THE TERMS OF YOUR USE OF THE SERVICES (DEFINED BELOW) OF MOAT RESEARCH, LLC
(“WE,” “US,” AND/OR “OUR”). THIS IS A BINDING CONTRACT BETWEEN YOU, AS A USER OF
THE SERVICES (“YOU,” “YOUR,” AND/OR “USER”) AND MOAT RESEARCH, LLC, THE PROVIDER
OF THE SERVICES. THIS AGREEMENT INCORPORATES BY REFERENCE OUR PRIVACY POLICY,
DMCA POLICY, ANY SPECIFIC TERMS OF SERVICE, AND ANY OTHER RULES OR GUIDELINES
POSTED REGARDING OUR SERVICES (EACH, AN “ANNEX”), AS MAY BE AMENDED BY US FROM
TIME TO TIME.
YOUR ACCESS, PURCHASE AND/OR USE OF ANY OF THE SERVICES CONSTITUTES YOUR
AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT
AGREE, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICES. YOU MAY ALSO ELECT
TO PURCHASE ADDITIONAL SERVICES FROM OUR AFFILIATES, PARTNERS AND/OR OTHER THIRD
PARTIES, WHICH MAY HAVE THEIR OWN TERMS OF USE AND/OR SERVICE AGREEMENTS, AND IT
IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE TERMS OF USE AND/OR
SERVICE AGREEMENTS OR OTHER RELATED TERMS AND CONDITIONS, AS WELL AS THIS
AGREEMENT.
SOME OF THE SERVICES ARE DELIVERED ELECTRONICALLY, AND MAY INCLUDE ELECTRONIC
TRANSACTIONS. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU WILL BE
BOUND BY ANY ELECTRONIC SUBMISSIONS, COMMUNICATIONS OR TRANSACTIONS MADE USING
YOUR CREDENTIALS (DEFINED BELOW), INCLUDING YOUR ACCEPTANCE OF THIS AGREEMENT,
AND YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US, INCLUDING, BUT NOT
LIMITED TO, NOTICES OF CANCELLATION AND RENEWALS, POLICIES, CONTRACTS AND
APPLICATIONS.
1. 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. Note that
when we add or modify a Premium Service (defined below), we may modify this
Agreement with respect to such Premium Service. If you have the Agreement
cached on a browser, the applicable Agreement is the most recent version of
the Agreement that appears on a non-cached browser. You should review the
Agreement on our Platforms (defined below) frequently.
2. THE SERVICES
The Services include our written and digital publications and materials,
websites (including, but not limited to, widemoatresearch .com), 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, subscription fee,
maintenance fee or other fee in order to have access, including, but not
limited to, premium Content and memberships (collectively “Premium
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). For the avoidance of doubt, this
Agreement applies to Services that are made available on a Platform that may
be accessed only by a User to whom we have issued Credentials (defined
below), as well as those Services made available by email, through Platforms
that do not require Credentials, or through other processes.
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. See the Section 12 for additional details
on this subject.
3. DISCLAIMERS CONCERNING THE CONTENT WE PROVIDE
You acknowledge and agree to the following:
cmxcix. Moat Research, LLC 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;
cmxcix. None of our personnel, including, but not limited to, editorial
staff, employees or independent contractors (collectively, “Our
Representatives”), will provide you with personalized advice
regarding the value or suitability of, or advisability of investing
in, purchasing or selling, any particular investment, security,
portfolio, commodity, transaction, investment strategy or any other
matter, and you further agree not to request or contact us for such
advice;
cmxcix. From time to time the Services provide the opinion and commentary of
Our Representatives, as well as well as opinion and commentary of
third parties that are not controlled by Moat Research, LLC,
including, but not limited to, interviewees, guests, analysts and
other third-party Content providers (collectively, “Outside
Contributors”), as well as opinions and commentary provided in the
products and services of our affiliates. The Services may contain
opinions and commentary with regard to investments that may differ
from opinions and commentary provided by and in other Services,
Outside Contributors and/or our affiliates. The Services and/or
Content are not to be used or construed as a recommendation or offer
to buy or sell, or a solicitation of an offer to buy or sell, any
security, company, financial product or instrument, or to
participate in any particular investment strategy, by any of the
Moat Research, LLC Entities (defined below) or any third party. The
Services and all Content are for informational purposes only and are
not intended to provide you with tax, legal, investment or
accounting advice. None of Moat Research, LLC Entities shall be
liable for any investment decisions based upon or results obtained
from the Services and/or Content. Trading in investments involves
risk and volatility, and any of the investments discussed in the
Services may lose their value after purchase. Past investment
results are not necessarily indicative of future performance;
cmxcix. Although we have certain trading restrictions for Our
Representatives relating to investments or securities that are
recommended in the Services, from time to time, one or more Outside
Contributors or their affiliates may have a position in the
investment or securities written about in the Services. In cases
where the position is held at the time of publication, Outside
Contributors may make a related disclosure; however, Moat Research,
LLC has no duty or obligation to investigate or determine whether
Outside Contributors or their affiliates hold a position in an
investment or security written about in the Services or to ensure
that Outside Contributors make any such disclosure. In addition,
Outside Contributors may be subject to certain restrictions on
trading for their own account. In addition, certain of Our
Representatives and other persons from our affiliates may, from time
to time, have positions in, or buy or sell, the investments,
securities or derivatives thereof that are referenced in the Content
and may take positions inconsistent with the views expressed
therein;
cmxcix. Where Services and/or Content provided by Moat Research, LLC
consists of pricing or performance data, such data has been obtained
from third-party sources reasonably believed to be reliable.
However, the accuracy, completeness or timeliness of any such data
or data calculations are not guaranteed by the Third-Party Providers
(defined below) of such data or by Moat Research, LLC, or any other
third party. You acknowledge and agree that we do not have control
over the quality, accuracy, completeness, veracity or legality of
Content provided by Third-Party Providers and Outside Contributors;
cmxcix. From time to time, reference may be made in our marketing materials
to prior articles and opinions we have published. These references
may be selective, may reference only a portion of an article or
recommendation, and may not be current. As markets change
continuously, previously published information and data may not be
current and should not be relied upon;
cmxcix. When U.S., international, cryptocurrency and/or other similar
exchanges are open, any quotes that we may provide through our
Platforms are delayed (other than those obtained through any
real-time quote services we make available to users of certain
Services). When such exchanges are not open, quotes are only current
as of the close of the last day of trading. You acknowledge and
agree that neither Moat Research, LLC nor any Third-Party Provider
of these quotes or related data shall be liable to you or any third
party for any damage or loss resulting from your reliance or trading
on the quotes, information or data contained or referenced in the
Content or Services;
cmxcix. To the extent any of the Services involve a model portfolio of
investments, such portfolio provides investment ideas and/or
provides information regarding investments, and is chosen by Our
Representatives or Outside Contributors in accordance with our or
their stated investment strategy and is for informational purposes
only. Your actual results may differ from results reported for the
portfolio for many reasons, including, but not limited to, trading
commissions or pricing differences due to timing of a purchase or
sale of an investment in the portfolio; and
cmxcix. The information, research and opinions and other Content that Moat
Research, LLC provides as part of the Services are obtained or
derived from sources believed to be reliable, but we cannot
guarantee their accuracy and completeness nor the opinions based
thereon. You should not rely solely upon such information, research
and opinions for purposes of transacting securities or other
investments, and you are encouraged to conduct your own research and
due diligence, and to seek the advice of a qualified investment
professional before you make any investment. None of the information
provided as part of our Services constitutes, or is intended to
constitute, a recommendation by us of any particular security or
other investment or trading strategy or a determination by us that
any security or other investment or trading strategy is suitable for
any specific person. Investing in securities or other investments,
including those chosen in any of Moat Research, LLC’s model
portfolio products or in any of the other Services, is speculative
in nature and involves substantial risk of loss of the money
invested.
4. CONTENT
We reserve the right to change, modify or discontinue any Content or any
portion or feature of the Services. Such changes may include, but are not
limited to, adding or removing particular Outside Contributors or Our
Representatives, ceasing to provide access to a Service (and/or providing an
alternative Service to you as a replacement), or changing the terms of
engagement for a Service. We may make these changes or modifications at our
sole discretion, either temporarily or permanently, at any time or from time
to time, with or without notice to you. You agree that Moat Research, LLC
shall not be liable to you or any third party for any such change or
modification of the Content and/or Services and that your continued use of
the changed or modified Content and/or Services, and/or continued access to
the changed or modified Content and/or Services, constitutes your acceptance
of any such changes or modifications.
Certain Content or other features of the Services may also have their own
specific terms and conditions that you agree to when you sign up for, or
use, that particular product, function, or service (“Specific Terms of
Service”). Specific Terms of Services may be described in an Annex to this
Agreement and/or may be provided to you through the Services at the time you
elect to sign up for, or use, that particular Service. Each Specific Terms
of Service supplements and is made part of this Agreement, but if any term
of this Agreement expressly conflicts with any term of a Specific Terms of
Service, the conflicting term in the Specific Terms of Service will control
but only with respect to the applicable Service. All other terms and
conditions in both this Agreement and the Specific Terms of Service will
remain in force.
5. LICENSE; USER REPRESENTATIONS AND WARRANTIES
. LICENSE TO USE THE SERVICES
Moat Research, LLC grants to you a limited, revocable, non-exclusive,
non-sublicensable and non-transferable license to access and use the
Services, and to use the Content provided within each Service, in each
case solely as expressly permitted hereunder and solely for your own
personal, non-commercial purposes. Your right to use the Content is
limited to downloading and/or printing one (1) copy of any Content for
your own personal, non-commercial use. If you download or print a copy of
the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You acknowledge that you do not
acquire any ownership rights by accessing or using the Services or
Content. In no event shall you use any Content available through the
Services for any other purpose, or provide access to any Service, or
copy, disclose, share or redistribute any such Content to any third party
for any other use. Moat Research, LLC reserves all rights not expressly
granted in and to the Services and/or the Content.
. USER REPRESENTATIONS & WARRANTIES AND USE RESTRICTIONS
In consideration of your use of the Services and/or the Platforms, you
hereby represent and warrant as follows (whereby you agree that your
failure to perform these responsibilities shall be deemed a material
breach of this Agreement):
cmxcix. You can form legally binding contracts under applicable law and
are not a person barred from receiving the Services under the
laws of the United States or other applicable jurisdictions;
cmxcix. You are at least eighteen (18) years old or the age of majority
in the jurisdiction in which you reside so that you can form a
binding contract with Moat Research, LLC, and are responsible for
supervising the activities of any under-age User;
cmxcix. To your knowledge, there is no action, proceeding or
investigation pending or threatened which questions, directly or
indirectly, the validity or enforceability of this Agreement;
cmxcix. Entering into this Agreement or otherwise purchasing, using or
accessing the Services will not conflict with, or result in a
breach of, the terms, conditions or provisions of, or constitute
a default or result in a termination of, any agreement or
instrument to which you are a party;
cmxcix. You have taken all actions required by applicable law and have
obtained all consents which are necessary to authorize or enable
you to enter into this Agreement and/or purchase, use or access
the Services;
cmxcix. You will provide/maintain your User Account with current,
accurate and updated information for registration purposes and
for our use in contacting you regarding the Services and
otherwise for notices and/or updates from us, and you will check
such points of contact frequently throughout the term of this
Agreement for notices and/or updates from us;
cmxcix. You shall not use the Services in any manner that either directly
or indirectly infringes any rights of Moat Research, LLC or any
third party;
cmxcix. Your use of the Services will in all respects conform to all
applicable laws, rules and regulations and you accept sole and
absolute liability for harm caused by the wrongful use of the
Services;
cmxcix. You agree not to engage in any of the following prohibited
activities: (A) copying, republishing, re-purposing distributing
or disclosing any part of the Services and/or Content, in any
medium, including, but not limited to, by any automated or
non-automated “scraping”; (B) using any automated system,
including, but not limited to, “robots,” “spiders,” “offline
readers,” etc., to access the Services in a manner that sends
more request messages to the Moat Research, LLC servers than a
human can reasonably produce in the same period of time by using
a conventional online web browser (except that Moat Research, LLC
grants the operators of public search engines revocable
permission to use spiders to copy materials from the Platform for
the sole purpose of, and solely to the extent necessary for,
creating publicly available searchable indices of the materials,
but not caches or archives of such materials); (C) transmitting
spam, chain letters or other unsolicited communications; (D)
attempting to interfere with, compromise the system integrity or
security of, or decipher any transmissions to or from, the
servers running the Services; (E) taking any action against
condition(s) that imposes or may impose an unreasonable or
disproportionately large load on our infrastructure based on our
sole discretion; (F) uploading invalid data, viruses, worms or
other software agents through the Services; (G) collecting or
harvesting any User’s personal information from the Services; (H)
using the Services for any commercial solicitation purposes; (I)
impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or
attempting to hide your identity; (J) interfering with the proper
working of the Services; (K) restricting or inhibiting any other
User from using the Services, including, but not limited to, by
means of “hacking” or blocking access to any portion of our
Platform; (L) accessing any Content on the Services through any
technology or means other than those provided or authorized by
the Services; (M) bypassing the measures we may use to prevent or
restrict access to the Services, including, but not limited to,
features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Services or the Content
therein; (N) disclosing or sharing Credentials; (O) modifying,
adapting, sublicensing, translating, selling, reverse
engineering, decompiling or disassembling any parts of the
Services; (P) framing or linking to any information or Content on
the Services; (Q) posting or submitting any inaccurate,
incomplete or false biographical information or another person’s
information; or (R) posting or submitting any material that is
unlawful, illegal, defamatory, offensive, discriminatory,
threatening or obscene as determined by Moat Research, LLC in its
sole discretion;
cmxcix. You are solely responsible for all statements made and acts or
omissions that occur on your User Account;
cmxcix. A maximum of three simultaneous log-ins are allowed per User
Account. This simultaneous login limit applies to the total
number of logins at any given time regardless of device type (g.,
computers, tablets, mobile devices, etc.);
cmxcix. You agree that you are solely responsible for contacting us,
consistent with and pursuant to the terms of this Agreement, with
notice of your decision to cancel or discontinue the Services. IF
NO SUCH NOTIFICATION IS GIVEN TO US BY YOU, WE WILL ASSUME YOU
ARE SATISFIED WITH AND ACCEPT ALL SERVICES, AND WE WILL BILL ANY
RELATED SERVICE FEES DIRECTLY TO YOUR PAYMENT ACCOUNT (DEFINED
BELOW).
We may permanently or temporarily limit, condition, terminate or suspend
your access to the Services or any features thereof for any reason, with
or without notice and without any liability to you or any third party,
including if in our sole determination you breach or violate any
provision of this Agreement, commit fraud or other abuse in your use of
the Services, if we believe that such suspension or termination is
necessary for the security of the Services, Content or any User Data
(defined below), or for no reason.
You are solely responsible for your interactions, if any, with other
Users. We reserve the right, but have no obligation, to monitor
communications and disputes between you and other Users. Moat Research,
LLC shall have no liability for your interactions with other Users, or
for any User's action or inaction. Moat Research, LLC shall have no
obligation to you to enforce this Agreement against any other User.
You shall be responsible for obtaining the requisite communication lines
and internet connections to interface with the Services and you shall
bear all risks of failing to make concurrent modifications to your
devices and equipment.
You expressly waive any and all rights against Moat Research, LLC and
hold us harmless in connection with any claims relating to any action
taken by us as part of our investigation or remediation of a suspected
violation or result of our conclusion that a violation of this Agreement
has occurred, including, but not limited to, the suspension or
termination of your User Account.
6. REGISTRATION AND PRIVACY
. REGISTRATION; CONFIDENTIALITY
In order to access certain Services, you must apply and register for an
account for the Service (“User Account”). When you register for a User
Account, you will be issued a user ID, associated password, or other
login credentials (“Credentials”), which will be assigned specifically to
you. Moat Research, LLC, in its sole discretion, may deny User Account
registration to you for any or no reason.
Unless otherwise provided in this Agreement, you may only activate one
(1) User Account. Moat Research, LLC may rely on the accuracy of such
information provided by you in your User Account and on any activity on
the Service conducted through the use of Credentials.
You are solely responsible for maintaining strict confidentiality of your
Credentials and ensuring that Credentials are used only by you and not
used by or disclosed to any third party. All Users must keep their User
Account passwords secure and we encourage you to use “strong” passwords
(passwords that use a combination of upper and lowercase letters, numbers
and symbols). You must immediately notify Moat Research, LLC by calling
us or emailing us at (or other email address we designate) when you
become aware of any possible unauthorized use of your User Account, or
any possible breach of security, including loss, theft or unauthorized
disclosure of your Credentials. Upon receipt of the foregoing notice,
Moat Research, LLC may, in our sole discretion, undertake commercially
reasonable efforts to suspend or disable the applicable Credentials and
you shall be responsible for any actions taken prior to such
notification. You are solely responsible for all activities that occur
under your User Account whether by you or any other person who gains
access to the Service by use of your Credentials or otherwise as a result
of your failure to use reasonable security precautions. You agree that in
no event shall Moat Research, LLC be responsible for any losses directly
or indirectly caused by the unauthorized use or misuse of your User
Account or Credentials. You are not permitted to transfer to or re-sell
your use of or access to the Services or Content to any third party.
. PRIVACY
Please see our Privacy Policy which describes how we collect, use and share
your personal information and which sets forth our policies regarding how we
and our affiliates, partners, vendors and service providers may contact you.
7. TERMS APPLICABLE TO PREMIUM SERVICES
THE FOLLOWING PROVISIONS APPLY ONLY TO PREMIUM SERVICES. YOU SHOULD READ
THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE TO A PREMIUM SERVICE.
. SUBSCRIPTIONS, FEES AND PAYMENTS
Premium Services are made available on a subscription basis. As
consideration for the Premium Services you purchase you agree to promptly
pay Moat Research, LLC all applicable prices and fees (collectively, the
“Fees”) as designated in the related order process, with such Fees
subject to change as provided in this Agreement. All Fees are due
immediately or upon ordering and are non-refundable, except as otherwise
expressly provided in this Agreement, as required by applicable law, or
as such Fees are billed by us under an invoice or order confirmation for
Premium Services issued to you that expressly permits payment within
thirty (30) days (or other time period if so expressly provided) after we
have sent you such invoice or order confirmation.
We reserve the right, in our sole discretion, to change or modify the
Fees, charges or other conditions for use of the Premium Services upon
reasonable notice to you. You are responsible for the payment of, and
accordingly agree to promptly pay, all applicable taxes (other than based
on Moat Research, LLC’s income) relating to the Services or payments made
by you hereunder including, but not limited to, sales tax, use tax, value
added tax (“VAT”), and other taxes and governmental charges, whether
federal, state or foreign as well as all duties and charges on your
payment for the purchase of Premium Services arising from any Fees. All
payments of Fees shall be made in U.S. dollars. Taxes will be calculated
based on where you receive services determined by your User Account
address. All taxes charged will be reflected in your invoice upon
payment.
Our transaction processing is supported only in U.S. dollars and the
pricing displayed during the checkout process will be an estimated
conversion price at the time of purchase. If the currency of your bank or
credit card account is not in U.S. dollars, you may be charged exchange
rate conversion fees by your bank or credit card company. In addition,
due to time differences between (i) the time you complete the checkout
process; (ii) the time the transaction is processed; and (iii) the time
the transaction posts to your bank or credit card, the conversion rates
may fluctuate and we make no representations or warranties that (a) the
amount submitted to your bank or credit card for payment will be the same
amount that is posted to your bank or credit card statement or (b) the
estimated conversion price will be the same as either the amount
processed or the amount posted to your bank or credit card statement, and
you agree to waive any and all claims against Moat Research, LLC based
upon such discrepancies (including any and all claims for a refund based
on the foregoing). You acknowledge and agree that you may be charged VAT
based on the country indicated in the User Account’s address information
associated with your account.
Unless otherwise stipulated in the related order process, payment for the
Premium Services are to be made via a charge to your credit card, bank
account, or other payment methods we deem acceptable that you provide to
us (the “Payment Account”). You are solely and absolutely responsible for
any information related to the Payment Account that you provide to Moat
Research, LLC and must promptly inform us of any changes or updates to
the method of payment. By submitting an order to purchase a Premium
Service, you authorize us to charge the order to the Payment Account or
to otherwise immediately bill you for such Premium Services. You
acknowledge and agree that unless otherwise expressly stated in the order
process or otherwise changed afterwards in accordance with the applicable
process, all annual, monthly or other recurring Fees related to the
Premium Services or otherwise referenced in this Agreement are to be
recurring transactions that will be billed on an ongoing basis until such
Premium Services are terminated in accordance with this Agreement. If you
have provided billing information sufficient for automatic billing, then
we will bill you automatically in accordance with the applicable billing
frequency. You are obligated to pay for the full amount of the Agreement,
even if such full amount is scheduled to be paid in installments. If you
elect to pay for the Premium Services in installments, provided such a
payment schedule is expressly permitted and accepted by us, all
installments must be received on or before the applicable due date.
You agree to pay all Fees and other charges incurred in connection with
your Payment Account (including, but not limited to, any applicable
taxes) at the rates in effect when the charges were incurred. You agree
to pay all amounts due upon our demand. Without limiting any of Moat
Research, LLC’s rights hereunder, should any Fee payment become
delinquent, we may suspend or cancel your Services; provided, however,
related charges will continue to accrue. You acknowledge and agree that
Moat Research, LLC is not responsible whatsoever for any effect the
suspension of Services might have on you or any third party. If Moat
Research, LLC provides any Service discount to you and you default on
payments or obligations as outlined herein, Moat Research, LLC may
rescind all discounts and require full payment for the Services. All sums
due and payable that remain unpaid after any applicable cure period
herein will accrue interest as a late charge of 1.5% per month or the
maximum amount allowed by law, whichever is less. Moat Research, LLC
further reserves the right to refer any amounts owed hereunder to a third
party for collection in the event of default. In the event your account
is sent to collection, you agree to pay all costs of collection,
including costs, litigation and attorneys’ fees. A collection fee may be
charged for all dishonored checks. Moreover, an additional fee may also
be assessed for the following reasons: (i) late payment; (ii) payment
with insufficient funds; (iii) denied or invalid credit card number; or
(iv) the re-starting or reinstating of Services terminated for
nonpayment. Moat Research, LLC will re-start or reinstate any such
Service in our sole and absolute discretion and subject to our receipt of
the applicable Fee.
If you pay for the Services by credit card or other applicable method,
you permanently and irrevocably waive any and all right to enact an
improper “chargeback” (that is, a disputed, reversed or contested charge
with the applicable bank card, credit card or other payment method)
against these Fee payments for any reason whatsoever against Moat
Research, LLC. If for any reason Moat Research, LLC is unable to charge
your Payment Account for the full amount of the Fee owed for the Services
provided, or if we receive notification of an improper chargeback,
reversal, payment dispute or are charged a penalty for any Fee previously
charged to your Payment Account, you agree that we may pursue all
available lawful remedies in order to obtain payment, including, but not
limited to, immediate cancellation, without notice to you, of any or all
of your Services. We also reserve the right to charge you reasonable
“administrative fees” or “processing fees” for (i) additional tasks we
may perform outside the normal scope of the Services; (ii) additional
time and/or costs we may incur in providing the Services, and/or (iii)
your noncompliance with this Agreement (as determined by us in our sole
and absolute discretion). Typical administrative or processing fee
scenarios include, but are not limited to: (i) customer service issues
that require additional personal time or attention; (ii) recouping any
and all costs and fees incurred by Moat Research, LLC as the result of
improper chargebacks or other payment disputes brought by you, your bank
or other payment method processor. These administrative fees or
processing fees will be billed to the Payment Account you have on file
with Moat Research, LLC.
Information regarding current subscription rates for our Premium Services
can be found on the applicable Premium Service’s webpage and/or by
contacting our Customer Service Department at 888-415-6046 Monday through
Friday between the hours of 9:00 a.m. and 5:00 p.m.
YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT Moat
Research, LLC MAY CHANGE ANY PRICE, FEE, RATE OR PLAN AT ANY TIME UPON
NOTICE TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT.
. TERM; SUBSCRIPTION RENEWALS
Your subscription will continue for the period referenced during
registration (the "Term"), and renew automatically at the end of the
Term, unless you notify us that you are not renewing your subscription by
calling our Customer Service Department at 888-415-6046 Monday through
Friday between the hours of 9:00 a.m. and 5:00 p.m. ET, by emailing us at
memberservices@widemoatresearch.com (or other email address we designate)
or by another designated cancellation method. You must notify us by using
one of the foregoing methods at least one day before the renewal date in
order to avoid being charged for the renewal of your subscription. You
may not notify us of a decision not to renew your subscription by any
other means. No action by you or your failure to notify us as stated
above will result in the then-applicable monthly, periodic or annual
subscription Fee being billed automatically to your Payment Account.
Please note that in connection with recurring billing for subscription
renewals for such Premium Services, you authorize Moat Research, LLC to
bill the payment method(s) associated with your Payment Account,
regardless of whether information associated with your subscription has
changed, such as the expiration date of the credit card with which you
initially subscribed.
Services to which you subscribe to on a recurring basis will
automatically renew on a recurring basis until the Agreement is properly
terminated in accordance with its terms. You agree that if you are
enrolled in or otherwise utilizing our automatic renewal service, we will
attempt to renew your service at some point less than ninety (90) days
prior to its expiration with notice to you. You further agree that, to
turn off the automatic renewal service for any of your Services, you must
call our Customer Service Department by telephone at 888-415-6046 Monday
through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET, or you
may be able to turn off the automatic renewal Service through the online
account associated with your Services. You acknowledge and agree that the
renewal price may be higher or lower than the price you paid for the then
current term of the Services, and that we are authorized to charge your
Payment Account for the renewal of the Services. In any event, you are
solely and absolutely responsible for the credit card or payment
information you provide to Moat Research, LLC and must promptly inform us
of any changes thereto (e.g., change of expiration date or account
number). You acknowledge and agree that Moat Research, LLC may extend the
expiration date on your credit card on file with us in order to protect
against unwanted expiration of your Services and to allow for the
automatic renewal thereof.
In the event that you are not enrolled in our automatic renewal service,
or have opted out of the automatic renewal service, and want to renew
your Services, you acknowledge and agree you are responsible for actively
renewing your Services and you further assume all risk and consequences
of not enrolling in the automatic renewal service. If any Service is not
successfully renewed prior to the expiration of its then current Term,
all your rights to such Service will terminate, and we will have no
obligation to allow you to renew a Service once its expiration date has
passed. You are solely and absolutely responsible for ensuring the
Services are renewed. We shall have no liability to you or any third
party in connection with the renewal as described herein, including, but
not limited to, any failure or errors in renewing the Services whether
due to you, us or a third party. In order to process a renewal under our
automatic renewal service, we may receive information from financial
institutions or use third-party vendors for the purpose of updating the
expiration date and account number of your credit card or other payment
method on file relating to you Payment Account. Such financial
institutions and third-party vendors maintain relationships with various
credit card issuers and may be able to provide us with the updated
information relating to your Payment Account by comparing the information
we have on file with the information the financial institution or
third-party vendor has on file. By using our automatic renewal service,
you acknowledge and agree that we may share your credit card or other
payment method information relating to you Payment Account with such
financial institutions or third-party vendors for the purpose of
obtaining any updates to your credit card expiration date, account number
or any other information relating to your Payment Account.
. CANCELLATION; REFUNDS
To cancel certain purchases of Moat Research, LLC products or Free
Services, you may cancel by changing your preferences in your User
Account, contacting us by email at memberservices@widemoatresearch.com,
or by another designated cancellation method. Premium Services may be
cancelled as set forth below.
During any free trial portion of your subscription you may cancel your
subscription to the Premium Service at any time and not be billed by
notifying us as described above. You must cancel one (1) day before the
free trial period expires in order to avoid being converted to a paid
subscription.
When your initial subscription commences (which occurs at the expiration
of your free trial, or if you are not receiving a free trial, upon your
registration for a subscription) your Payment Account will be billed the
applicable subscription Fee and your paid subscription will commence.
Once your initial subscription commences, we do not provide refunds for
initial orders or recurring monthly payments. If you cancel your monthly
subscription for a specific Premium Service, you will not receive a
refund or reimbursement of your monthly subscription Fee; however, you
will not be charged any future monthly subscription Fees relating to such
Service. If you are a User for a Term longer than a month (including, but
not limited to, annual subscriptions) and you cancel within the first
thirty (30) days of your initial subscription, you may receive a refund
of your subscription fee minus the equivalent of one-month pro-rated
charge. Please note that if you cancel your subscription at any time
after the first thirty (30) day period of your initial subscription for
which the Term is longer than one (1) month, you will not be entitled to
any refund or reimbursement on account of the cancellation of your
subscription, regardless of whether you have used your subscription.
You can cancel your subscription by calling our Customer Service
Department at 888-415-6046 Monday through Friday between the hours of
9:00 a.m. and 5:00 p.m. ET or by any other designated cancellation
method. You may not cancel a subscription by any other means. If you are
entitled to a refund, we will seek to credit your Payment Account within
seven to fourteen (7-14) business days following your mandatory
notification to us.
If you order any Services by telephone and do not agree to be legally
bound by this Agreement at that time, you must notify Moat Research, LLC
within seventy-two (72) hours from the time that Moat Research, LLC has
sent you an introductory e-mail to your User Account e-mail address on
record, that you desire to cancel such Services, whereby the Services
will be cancelled, and a refund of any payments or Fees already paid to
Moat Research, LLC with respect to the order of the Services will be
issued, with no further obligation by either us or you.
8. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
Except as otherwise set forth herein, all right, title and interest in and
to: (A) the Services and the Content; (B) all registered and unregistered
trademarks, service marks and logos; (C) all trade secrets, proprietary
information, our confidential information, and know-how; (D) all registered
and unregistered copyrights including, but not limited to, any text, video,
audio, forms, images, displays, and software; (E) Processed Data (defined
below); (F) Activity Metadata (defined below), (G) Feedback (defined below),
and (H) all other intellectual property, proprietary rights or other rights
related to tangible or intangible property which are used, developed,
comprising, embodied in or practiced in connection with any of the Services
identified herein (collectively, “Moat Research, LLC Intellectual Property
Rights”) are owned by Moat Research, LLC and/or its Outside Contributors,
and you agree to make no claim of interest in or ownership of any such Moat
Research, LLC Intellectual Property Rights. You acknowledge and agree that
no title to the Moat Research, LLC Intellectual Property Rights is
transferred to you, and that you do not obtain any rights, express or
implied, in any of the Services, other than the rights expressly granted in
this Agreement. The right, title, and interest to the User Data is owned by
you.
Except as otherwise provided herein, you may access and use the Content, and
download and/or print out one copy of the Content solely for your personal,
noncommercial use, provided that any material copied remains intact and
includes the following notice: “Copyright [applicable year]. Moat Research,
LLC. All rights reserved.” Any other copying, distribution, storing, or
transmission of any kind, or any commercial use of the Content, is
prohibited without our prior written permission. That means you may not
sell, transfer or barter your subscription, our Services or Content, or any
individual publication. You acknowledge and agree that you do not acquire
any ownership rights in the Content by using the Services. You agree not to
create any modification or derivative work based on or containing the
Services and/or Content.
“Moat Research, LLC” and certain other marks used on the Services are
trademarks and/or service marks of Moat Research, LLC. All other trademarks,
service marks, and logos used on the Services are the trademarks, service
marks, or logos of their respective owners.
If you provide any feedback or suggest any changes or modifications to any
Service (“Feedback”), Moat Research, LLC will own all right, title, and
interest in, and shall have all rights to use, such Feedback. You hereby
irrevocably assign to us all right, title, and interest in and to the
Feedback and agree to provide us any assistance we may require to document,
perfect and maintain our rights in the Feedback. You may not remove, modify
or obscure any copyright, trademark or other proprietary rights notices that
appear on any Service. You agree that any derivative or transformed data
derived by us in whole or part from User Data that does not include your
personal information (“Processed Data”) shall be the exclusive property of
Moat Research, LLC, and nothing herein shall limit our use or exploitation
thereof.
You acknowledge and agree that we have the right, but do not have the
obligation, to access, archive or monitor metadata generated by your
activity in using the Services, including as reasonably necessary to
operate, maintain, improve and develop the Services and provide the Services
to you or other Users, including to ensure service quality, to evaluate and
maintain the Services and the security thereof, and to evaluate compliance
with this Agreement, applicable laws, rules or regulations (“Activity
Metadata”).
If you have a good faith belief that your work has been copied in a way that
constitutes copyright infringement, please notify us as set forth in our
DMCA Policy.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (AND
ANY RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY
OUTSIDE CONTRIBUTORS) IS SOLELY AND ENTIRELY AT YOUR OWN RISK AND THAT THE
SERVICES (AND ANY RELATED CONTENT) ARE PROVIDED “AS IS,” “AS AVAILABLE” AND
“WITH ALL FAULTS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. MOAT RESEARCH, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES,
SUBSIDIARIES, AFFILIATES, OUTSIDE CONTRIBUTORS, THIRD-PARTY PROVIDERS,
CONTRACTORS, SUPPLIERS, LICENSORS, ADVERTISERS AND AGENTS (COLLECTIVELY, THE
“MOAT RESEARCH, LLC ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
THE MOAT RESEARCH, LLC ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY THAT
YOUR USE OF THE SERVICES AND/OR ANY CONTENT OBTAINED THEREBY WILL BE
COMPLETE, ADEQUATE, TIMELY, ACCURATE, UNINTERRUPTED, ERROR- FREE OR SECURE,
OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE
FREE OF VIRUSES, WORMS, MALICIOUS CODE, TROJAN HORSES, MALWARE OR OTHER
HARMFUL COMPONENTS. THE MOAT RESEARCH, LLC ENTITIES DO NOT WARRANT AND
ACCEPT NO LIABILITY FOR ANY SOFTWARE DOWNLOADED FROM, OR USED AS A COMPONENT
OF, THE SERVICES. NO OPINION, ADVICE OR STATEMENT OF THE MOAT RESEARCH, LLC
ENTITIES, WHETHER PROVIDED THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE
ANY WARRANTY. MOAT RESEARCH, LLC FURTHER DISCLAIMS ALL WARRANTIES THAT THE
SERVICES WILL MEET YOUR REQUIREMENTS, AND MOAT RESEARCH, LLC DOES NOT MAKE
ANY GUARANTEE OR WARRANTY AS TO ANY RESULTS (INCLUDING, BUT NOT LIMITED TO,
ANY INVESTMENT RESULTS, RETURNS, PERFORMANCE OR OTHER OUTCOMES) THAT MAY BE
OBTAINED FROM THE USE OF, IN CONNECTION WITH OR IN FULL OR PARTIAL RELIANCE
UPON, THE SERVICES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
10. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE MOAT RESEARCH, LLC ENTITIES ARE NOT
RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL
THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE
SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED
TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS, FOR ANY LOST PROFITS,
LOSS OF USE OR OTHER ECONOMIC ADVANTAGE OR LOSS OF DATA, WHETHER SUCH
DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT THE MOAT RESEARCH, LLC
ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR
AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED
"INDEMNIFICATION" (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO WHICH A PARTY
IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS
IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED
PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP
USING IT. YOU AGREE THAT, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL
MOAT RESEARCH, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION — WHETHER IN CONTRACT, TORT OR OTHERWISE — EXCEED THE
TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO AND USE OF THE SERVICES DURING
THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
The commencement of any action or proceeding on any claim regarding the
Services must be brought by you within one (1) year from when the claim
arose. The foregoing limitation shall not apply to actions brought by you
for indemnification.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Moat Research, LLC
Entities, their current and former officers, directors, employees, agents
and representatives and their successors and assignees from and against any
and all liabilities, claims (including, but not limited to, third-party
claims), damages, losses, costs (including reasonable attorneys' fees), or
other expenses associated with or incurred as a result of or from:
* Your breach of your warranties, representations and obligations under
this Agreement;
* Your failure to perform in accordance with this Agreement;
* Your use of the Services in any way other than its normal way or in a way
not required or recommended by us;
* Your violation of the rights of any third party;
* Your registration or use of a User Account; or
* the actual or alleged infringement of any third-party proprietary or
intellectual property right arising out of the unauthorized use of the
Services.
If any Service which is subject to this indemnity is claimed, alleged or
determined to infringe a patent issued to, or a copyright registered by, or
either owned by or licensed to, any third party, Moat Research, LLC shall
have the right and option to modify the Services to avoid such
infringement. If, in our sole opinion, such modification cannot practicably
be accomplished to avoid such infringement, we shall have the right to
terminate this Agreement without liability on the part of any Moat
Research, LLC Entity to you. In the event your purchase of a Premium
Service is terminated under this paragraph, we will refund to you the full
price for any unused portion of such Premium Service. In such an event,
Moat Research, LLC shall have the right in our sole discretion to elect to
defend against or to settle any such third-party claim or third-party suit.
You shall, at Moat Research, LLC’s request, but at our expense, cooperate
with us and provide assistance and information with respect to any such
claim or suit. We shall have the right to select counsel, at our expense,
to defend against any such claim or suit. If you shall also elect to be
represented by your chosen counsel, you shall pay the fees and expense of
such counsel. You must receive Moat Research, LLC’s prior written consent
regarding, and in advance of, any related settlement.
This defense and indemnification obligation shall survive this Agreement
and your use of the Services.
12. TERMINATION
. GENERAL
Without limiting the foregoing, Moat Research, LLC may terminate this
Agreement immediately for any or no reason and with or without notice to
you (including by terminating your User Account, Credentials and/or
access to any Service) if: (i) Moat Research, LLC reasonably believes
that the Services are being used in violation of this Agreement or
applicable law; (ii) Moat Research, LLC believes your use of any Service
interferes with the normal operations of the Service or creates any
threat to the security of the Service, Platform, or the Content of any
other User of the Service; (iii) Moat Research, LLC becomes aware of
what it, in its sole discretion, deems a credible claim that the Service
or any portion thereof infringes upon the intellectual property rights
of a third party; (iv) Moat Research, LLC is required to do so by law;
(v) in the case of Free Services, Moat Research, LLC reserves the right
to terminate User Accounts related to Free Services that remain idle for
a period of thirty (30) days or more; or (vi) in the event you contact
your bank or credit card company to decline, chargeback or otherwise
reverse the charge of any Fees payable to Moat Research, LLC. If you
have questions about a payment made to us, contact our Customer Service
Department by telephone at 888-415-6046, Monday through Friday between
the hours of 9:00 a.m. and 5:00 p.m. ET before filing a chargeback. Moat
Research, LLC reserves our right to dispute any chargeback. For the
avoidance of doubt, if you purchase Premium Services which are sold
together as a solution or bundled package of Services, any termination
relating to any one Service or bundled package will terminate all
Services included in such solution or bundled package, provided,
however, that we may, in our sole discretion and subject to your
agreement to be bound by this Agreement and to pay the applicable Fees,
allow you to convert certain Services included in the bundled Services
to stand-alone Services.
Without limiting Section 7(C), you may terminate the Agreement at any
time, except that such termination does not relieve you from your
obligation to pay any Fees for Premium Services for the remainder of the
applicable Term.
. EFFECT OF TERMINATION
Upon the effective date of termination, Moat Research, LLC will no
longer provide the Services to you, any licenses granted to you will
immediately terminate, and you must cease using such Services
immediately, and all rights and obligations of the parties hereunder
shall terminate, except that Sections 2, 3, 4, 5.B, 6.B, 8, 9, 10, 11,
12, 13, 15 and 17, as well as any right or obligation in the Agreement,
which, by its express terms or nature and context is intended to survive
expiration or termination of this Agreement, shall survive expiration or
termination of this Agreement.
User agrees that if their User Account is so terminated pursuant to
Sections 12(A)(i)-(iii), the User will not attempt to establish a new
User Account or otherwise engage in infringing our copyrights or other
intellectual property rights under any name, real or assumed.
In order to comply with applicable law or other recordkeeping practices
in the ordinary course of our business, or to otherwise enforce our
rights under this Agreement, we may retain indefinitely for our records
a copy of any and all User Data. We are not responsible for maintaining
any records on your behalf.
13. THIRD-PARTY PROVIDERS & THIRD-PARTY SITES
Moat Research, LLC may retain affiliates and/or other third-party service
providers to assist or support us in providing the Services (including, but
not limited to, any security, technology, support, legal, compliance,
administrative or similar function) (each a “Third-Party Provider”).
The Services may contain links to third-party websites, advertisers,
products, content, information, services or other events or activities that
are not owned or controlled by Moat Research, LLC (collectively,
“Third-Party Sites”). We do not endorse or assume any responsibility for
any such Third-Party Site. If you access a Third-Party Site via a link on
the Platform, the inclusion of any link to a Third-Party Site on the
Platform does not imply that we endorse such Third-Party Site, and your
access and/or use of the link and the Third-Party Site is done at your own
risk. A Third-Party Site may have its own service agreement or other
related terms and conditions, and it is solely your obligation to review,
accept and abide by those service agreements or other related terms and
conditions. You expressly agree that Moat Research, LLC is not responsible
or liable in any way for (i) the availability or accuracy of any such
Third-Party Sites or (ii) the content, terms and conditions, policies,
advertising, practices or products of any such Third-Party Sites.
Additionally, your dealings with or participation in the promotions of any
advertisers found on the Services, including payment and delivery of goods,
and any other terms (such as warranties) are solely between you and such
advertisers. You agree that Moat Research, LLC shall not be responsible for
any loss or damage of any sort relating to your dealings with such
advertisers.
14. DMCA POLICY
Moat Research, LLC shall process alleged copyright infringement of Users in
accordance with our Digital Millennium Copyright Act policy located at
https://www.widemoatresearch .com/dmca-policy/.
15. GOVERNING LAW; VENUE
This Agreement is governed under the laws of Florida and you agree that any
judicial proceeding, suit or other action relating to or arising under this
Agreement, the Services or a breach of any User’s User Data, will be
commenced only in a federal or state court of competent jurisdiction
located in Palm Beach County in the State of Florida. You consent to the
personal and exclusive jurisdiction of such court and waive the right to
challenge the jurisdiction of such court on grounds of lack of personal
jurisdiction or forum non conveniens, or to otherwise seek a change of
venue. You agree to waive the right to trial by jury in any action that
takes place relating to or arising under this Agreement or the Services.
You also agree to waive the right to file a class action claim relating to
or arising under this Agreement or the Services.
In the event you bring a claim against Moat Research, LLC in a foreign
jurisdiction (a court other than in Palm Beach County, Florida), Moat
Research, LLC will move the court to dismiss such claim per your acceptance
of this Agreement existing at the time of your purchase of, use of, or
access to the Services and your continued use of the Services as evidence
of acceptance of the Agreement and this Section.
The parties agree that the foregoing obligation is independent from all
other obligations herein. You acknowledge that, in the event you commence a
judicial proceeding in any court other than the courts in Palm Beach
County, Florida as described herein, Moat Research, LLC may incur costs and
expenses, including attorneys’ fees, to enforce this provision. You
expressly agree that you will reimburse Moat Research, LLC for any such
costs and expenses, including, but not limited to, attorneys’ fees incurred
by us within ten (10) days of receiving a written demand from us for such
reimbursement. You further agree that if you do not timely reimburse Moat
Research, LLC as previously described in this Section, you will be
responsible for, and agree to pay, all costs and expenses, including, but
not limited to, attorneys’ fees incurred by us in seeking to collect or
recover from you the amount subject to reimbursement.
16. ADDITIONAL TERMS FOR SERVICES PROVIDED THROUGH A WEB OR MOBILE APP
With respect to any Services provided through a web or mobile app (an
“App”), we grant you a limited, terminable, non-exclusive license to
download and install a single copy of the App solely on your own computer
or mobile device, for use solely to connect to and use the Services as
permitted under this Agreement. This license is not transferable to any
third party. On termination of this Agreement for any reason, including in
the event you close your User Account, you will delete any downloaded or
installed copies of the App.
You acknowledge that this Agreement is between Moat Research, LLC and you,
and not with the owner or operator of any app store through which the App
is distributed (the “App Store Provider”). In addition to the terms of this
Agreement, your use of the App and any Services provided through the App
will be subject to the terms of any user agreement associated with the App
Store Provider or other venue through which you downloaded or obtained the
App.
Without limiting this Agreement: (a) Moat Research, LLC is solely
responsible for providing any maintenance and support services with respect
to the Platform as provided in this Agreement or under applicable law, and
the App Store Provider has no obligation whatsoever to furnish any
maintenance and support services with respect to the App or the associated
Services; (b) the App Store Provider is not responsible for any product
warranties for the App or the Services. To the maximum extent permitted by
applicable law, the App Store Provider will have no other warranty
obligation whatsoever with respect to the App or the Services, and any
other claims, losses, liabilities, damages, costs or expenses attributable
to any failure to conform to any warranty will be Moat Research, LLC’s sole
responsibility; (c) Moat Research, LLC, and not the App Store Provider, is
responsible for addressing any claims of the you or any third party
relating to the App and the Services.
Moat Research, LLC and you acknowledge and agree that the App Store
Provider is a third-party beneficiary of the provision of this Section and
other provisions this Agreement applicable to the App Store Provider
hereunder and upon your acceptance of the terms and conditions of this
Agreement, the App Store Provider will have the right (and will be deemed
to have accepted the right) to enforce such provisions of this Agreement
against you as a third-party beneficiary thereof.
17. MISCELLANOUS
. WAIVER
No waiver of any provision of this Agreement is effective unless it is
in writing and signed by an authorized representative of Moat Research,
LLC. Our remedies under this Agreement are cumulative and not
alternative, and the election of one remedy for a breach does not
preclude the pursuit of other remedies. The failure of Moat Research,
LLC to require your performance of any Agreement provision does not
affect the full right to require such performance at any time in the
future. The waiver by Moat Research, LLC of any rights arising out of
any breach of any Agreement provision shall not be taken or held to be a
waiver of the provision itself. Any failure by Moat Research, LLC to
enforce any of its rights under this Agreement or any applicable laws
does not constitute a waiver of such right.
No party will be deemed to have waived any of its rights under this
Agreement by lapse of time or by any statement or representation other
than (i) by an authorized representative and (ii) in an explicit written
waiver. No waiver of any rights arising out of a breach of this
Agreement will constitute a waiver of rights relating to any prior or
subsequent breach of this Agreement.
. SEVERABILITY
If a court of competent jurisdiction holds any provision (or portion of
a provision) of this Agreement to be illegal, invalid or otherwise
unenforceable, the remaining provisions (or portions of provisions) of
this Agreement shall not be affected thereby and shall be found to be
valid and enforceable to the fullest extent permitted by law. This
Agreement will be deemed amended to the extent necessary to make this
Agreement enforceable, valid and, to the maximum extent possible,
consistent with applicable law and consistent with the original
intention of the parties, and the remaining terms and provisions will
remain in full force and effect.
. FORCE MAJEURE
Under no circumstances shall Moat Research, LLC be held liable for any
cessation, interruption, delay or failure in performance of the Services
or any obligations under this Agreement resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control,
including, but not limited to, Internet failures, computer equipment
failures, telecommunication equipment failures, failures of internet
service providers (ISPs) or cloud-hosting providers, other equipment
failures, electrical power failures, strikes, labor disputes, lockouts
or boycotts, riots, terrorism, insurrections, civil disturbances,
shortages of labor or materials, hurricanes, earthquakes, fire, floods,
storms, natural disaster, explosions, acts of God, armed conflict, war,
governmental actions, orders of domestic or foreign courts or tribunals.
. ENTIRE AGREEMENT
This Agreement, as well as any additional Moat Research, LLC agreements,
terms and conditions, rules, policies and agreements, together with all
modifications thereto, constitute the entire agreement between you and
Moat Research, LLC concerning your use of the Services and any other
subject matter related to this Agreement. This Agreement supersedes and
governs all prior proposals, agreements or other communications between
you and Moat Research, LLC (including, but not limited to, any prior
versions of this Agreement). You may not waive, modify or supplement
this Agreement, in whole or in part, except by written permission or
amendment by Moat Research, LLC.
. TITLES AND HEADINGS; INTERPRETATION
The titles and headings of this Agreement are inserted for ease of
reference only and do not affect in any way the meaning or
interpretation of this Agreement. Also, in all references herein to any
parties, persons, entities or corporations, the use of any particular
gender or the plural or singular number is intended to include the
appropriate gender and number as the text of this Agreement may require.
. ASSIGNMENT
You may not assign or transfer, either directly or through a third
party, this Agreement or any of its interests, rights or obligations
hereunder, without the prior written consent of Moat Research, LLC;
provided, however, that members of the Wide Moat Lifetime (“Wide Moat
Members”) may assign this Agreement without prior written consent from
Moat Research, LLC provided further that such Wide Moat Members shall
provide us with written notice prior to any assignment. Any attempted
assignment in violation of the foregoing provision will be null and void
and of no force or effect whatsoever. We may assign our rights and
obligations under this Agreement and may engage subcontractors or agents
in performing our duties and exercising our rights hereunder, without
notice to you or your consent. Where applicable, this Agreement is
binding upon and shall inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
. AGENCY
This Agreement does not create any agency, employment, partnership,
joint venture, franchise or other similar or special relationship
between you and Moat Research, LLC. No party has the right or authority
to assume or create any obligations or to make any representations,
warranties or commitments on behalf of the other party or its
affiliates, whether express or implied, or to bind the other party or
its affiliates in any respect whatsoever. The relationship between you
and Moat Research, LLC is limited to the responsibilities and
obligations of both parties as established in this entire Agreement.
. NO THIRD-PARTY BENEFICIARIES
You acknowledge and agree that nothing herein, express or implied, is
intended to nor is to be construed to confer upon or give to any person,
other than you, any interests, rights, remedies or other benefits
conveyed to you herein.
. ACCESS TO THE SERVICE FROM OTHER LOCATIONS
The Services are directed solely to individuals and entities residing in
the United States. We make no representation that materials provided
through the Services are appropriate or available for use in other
locations. Those who choose to access the Services from other locations
do so on their own 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 availability of the Services to any
person, geographic area, or jurisdiction we so desire, at any time and
in our sole discretion, and to limit the quantities of any such service
that we provide.
. NOTICE
Moat Research, LLC may provide notifications, whether such notifications
are required by law or are for marketing, to disclose changes or
additions to our Services, or for other business-related purposes, to
you via email associated with your User Account, written or hard copy
notice, or through conspicuous posting of such notice on our Services.
We reserve the right to determine the form and means of providing
notifications to Users, provided that you may opt out of certain means
of notification as described in this Agreement. We are not responsible
for any automatic filtering you or your network provider may apply to
email notifications we send to any email address you provide us.
All mail notices from Moat Research, LLC to you are deemed effective
when: (i) sent by certified mail, return receipt requested or by Federal
Express or other recognized overnight delivery service to your last
known mailing address; (ii) sent via email to the email address
associated with your User Account; or (iii) posted on the login page of
the Website and/or any of the applicable pages linked thereto and
immediately after you login to the Website. When you provide contact
information to Moat Research, LLC, you agree that we may use this
information to contact you in any format or manner we choose and that we
may rely on contact information provided by you to us. Moat Research,
LLC may, but has no obligation to, send a single notice by various means
of delivery (e.g., email, certified mail or express mail). In no event
shall Moat Research, LLC be liable to you for choosing to send notice in
one manner or format over another.
You shall give notice to Moat Research, LLC by contacting our Customer
Service Department by telephone at 888-415-6046 , Monday through Friday
between the hours of 9:00 a.m. and 5:00 p.m. ET or via email to
memberservices@widemoatresearch.com.
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.
Domestic/International
1-888-415-6046
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