Terms and Conditions

(Last update January 30, 2008)

THANK YOU FOR CHOOSING MARKETGURU!

1. What the Contract Covers.
This is a contract between you and the MarketGuru Inc. In this document, MarketGuru is sometimes referred to as "MarketGuru," "we," "us" or "our" and the URL http://www.MarketGuru.com and our services are sometimes referred to as our "site" or our "website". This contract applies to any the use or our website and the software, services or information you obtain through our website or an email sent by our system. All of such software, services or information are referred to in this contract as the "service."


2. The Service
The website is designated to provide a platform for an anonymous community of members engaging in discussion and sharing of investment ideas. Neither we nor our employees are investment advisors nor are license to give any advice.

The website hosts a wide array of ideas and opinions of members, visitors and editors. These opinions represent ideas and thoughts of these individuals and are not to be viewed under any circumstances as a recommendation to engage in any investment of any kind. Investment decisions must be based on your individual situation, we publishes general information that is not suited for any specific investor.

Since MarketGuru is a content platform repository, member generated content, or any other content published on the site should not be viewed as the opinion or recommendation of MarketGuru or any of it's directors or associates. Users agree that if they find any content on the site, or sites linked to form MarketGuru, to be offensive, misleading or inaccurate in any way, that their only recourse will be to stop using MarketGuru.com users agree that all content willfully published on MarketGuru.com may be used by us for aggregate community trend analysis or use in advertising, excepts or content affiliations of any kind.

Please note that we do not provide warranties of any kind. The contract also limits our liability. These terms are in sections ‎12 and ‎13, and we ask you to read them carefully.


3. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process


4. How You May Use the Service.
In using the service, you will:
• obey the law including any securities laws and investment advisory laws;
• obey any codes of conduct or other notices we provide;
• obey the MarketGuru Anti-spam Policy, which is available at
• keep your service account password secret; and
• promptly notify us if you learn of a security breach related to the service.

5. How You May Not Use the Service.
In using the service, you may not
• use the service in a way that harms us or our affiliates or the other users of the service;
• engage in, facilitate, or further unlawful conduct;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• use any unauthorized third party software or service to access the services;
• use any automated process or service to access and/or use the service;
• use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
• damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
• resell or redistribute the service, or any part of the service.
Please contact us at Care@MarketGuru.com if you want to check if the software you intend to use is authorized by us.


6. You Are Responsible For Your Service Account.
Only you may use your account. You are responsible for all activity that takes place with your account. You may not authorize any third party to access and/or use the service on your behalf.


7. If You Pay MarketGuru.
7.1 Charges. This section ‎7 applies in all situations in which you directly pay us. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.


7.2 Payment. When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You will pay service charges in advance. We may bill you for more than one of your prior billing periods together. We may automatically renew your service and charge you for any renewal term.


7.3 Updates to Your Billing Account. You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You can make changes to your billing account on the website. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. Any changes you made will not come into effect before we reasonably could act on your request.


7.4 Trial Period Offers. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.


7.5 Prices and Price Increases. The price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.


7.6 Refund Policies. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns will be at your expense.

7.7 Online Statement; Errors. We will provide you with an online billing statement at your user account. This is the only billing statement that we provide. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 60 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 60 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.

7.8 Canceling the Service. You may cancel the service at any time, with or without cause. Cancellation of the service by you will not alter your obligation to pay all past charges made to your billing account.

7.9 Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.

7.10 Payments to You. Your right to any payment due you under a service is conditioned upon our payment terms and conditions and upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.

8. Your Materials.
You may be able to submit materials or opinion for use in connection with the service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public free permission to:
• use, copy, distribute, display, publish and modify your submission, each in connection with the service;
• publish your name in connection with your submission; and
• grant these permissions to other persons.
This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this section.


9. Privacy.
In order to operate and provide the service, we collect certain information about you. We may access or disclose information about you, including the content of your communications, as provided in our website and in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of MarketGuru or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of MarketGuru employees, customers or the public.
We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.
In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy policy at http://www.marketguru.com/privacy/3,2.


10. Software.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. We reserve all other rights to the software.
Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.


11. How We May Change the Contract.
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.


12. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.


13. LIABILITY LIMITATION.
You can recover from MarketGuru only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
• the service,
• content (including code) on third party Internet sites, third party programs or third party conduct,
• viruses or other disabling features that affect your access to or use of the service,
• incompatibility between the service and other services, software and hardware,
• delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:
• this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• MarketGuru knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.


14. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.


15. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.


16. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

17. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.


18. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.


19. Your Notices to Us.
You may notify us as stated in the customer support or "help" area for the service. We do not accept e-mail notices.


20. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
• by e-mail at the e-mail address you specified when you signed up for your service; or
• Through the web site
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.


21. Contracting Party, Choice of Law and Location for Resolving Disputes.

This contract is between you and MarketGuru Inc. The Israeli law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of Tel Aviv, Israel for any and all disputes arising out of or relating to this contract..


22. Notices and Procedure for Making Claims of Copyright Infringement
Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.


23. Copyright and Trademark Notices
We or our suppliers own the title, copyright, and other intellectual property rights in the services, all content in the website, software or content products and services referenced herein may also be either trademarks or registered trademarks of MarketGuru in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.


24. Stock Quotes and E-mail Alerts
Stock quotes appearing on the service are supplied by QuoteMedia, Inc. ("QuoteMedia").Unless otherwise indicated, stock quotes are delayed at least 20 minutes. Stock quotes indicated as "real-time quotes" are made available without delay following their receipt from QuoteMedia. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with "time of last trade" to indicate the timeliness of the data.
All information provided by QuoteMedia and its affiliates (the "QuoteMedia Information") included in the service is owned by or licensed to QuoteMedia and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the QuoteMedia Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any QuoteMedia Information in any format to anyone, and no user shall use any QuoteMedia Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a security trade based upon the QuoteMedia Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither QuoteMedia nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the QuoteMedia Information. The QuoteMedia Information is provided to the users "as is." Neither QuoteMedia nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the QuoteMedia Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.


25. Financial Notice
MarketGuru is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the service constitute an offer or solicitation to buy or sell any security. MarketGuru does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.
You should always make investment decisions after seeking advice and guidance from trained and trusted professionals of your choice. You are encouraged to always consider, risk, liquidity and tax implications before committing to any investment decision.
When we provide information about any of our members' holdings or investment preference we provide such information using generally accepted mathematical formulas however we cannot assert for the accuracy of such formulas.
Our sentiment is based on the sales and purchases made by the members of our community any such information is subject to the accuracy of the information provided by the members but is not linked or relayed upon any activities made by such members in their actual portfolio.


26. Support
Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.