Terms Of Service

Last updated: April 2023

This website is owned and operated by EH Business Associates, LLC., a New York State corporation (referred to hereafter as “TheMarketAdvantage.com,” “we,” “us,” or “our”). We offer this website, including all information, tools, and services available from and related to this website (“the Site”), subject to the terms, conditions and notices contained in these Terms of Service and the Privacy Statement (collectively, “these Terms”). Please read these Terms carefully. By accessing and using the Site in any way, you are acknowledging that you have read, understood, and agreed to these Terms and you represent and warrant that: (1) you are at least 18 years old and capable of forming a binding contract with TheMarketAdvantage.com and are not barred from using our site under applicable law or (2) that your parent or guardian has consented on your behalf to your use of our site. Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms.

MODIFICATION OF THESE TERMS AND CONDITIONS

TheMarketAdvantage.com reserves the right to change this Terms of Service agreement at any time by revising the terms and conditions herein, including, but not limited to, adding and changing fees and charges for use. You are responsible for regularly reviewing these terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on TheMarketAdvantage.com website, or by electronic or conventional mail. You can access the latest version of this agreement at the bottom of any page on the TheMarketAdvantage.com website. Continued use of this TheMarketAdvantage.com website following any such changes shall constitute your acceptance of such changes. If you do not accept these terms and any subsequent changes, you must cease using the Site.

THEMARKETADVANTAGE.COM RIGHTS

All right, title, and interest in and to the Site are and will remain the exclusive property of TheMarketAdvantage.com and its licensors. The Site and related services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use TheMarketAdvantage.com‘s name, trademarks, logos, domain names, or other distinctive brand features.

RESTRICTIONS ON USE

All materials published by TheMarketAdvantage.com, including, but not limited to charts, images, illustrations, price information, reviews and email newsletters, information accessed through username/ password combinations (“Information”) are protected by copyright, and owned or controlled by TheMarketAdvantage.com or its third-party providers. You must access the Information manually via a web browser. You cannot use automated programs, scripts, bots or similar tools to periodically collect data or other content from our systems. You may not use the contents for any unlawful purpose. You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, TheMarketAdvantage.com‘s computer systems, or the technical delivery systems of TheMarketAdvantage.com‘s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site.

LIMITED LICENSE

With the exception of the separate limitations that we place on physical or electronic reprinting of charts described below, we grant you permission to use the Information available from this TheMarketAdvantage.com website, provided that (1) the copyright notice below and permission notice below appear in all copies visibly and unmodified, (2) use of Information available from this TheMarketAdvantage.com website is for informational and non-commercial or personal use only, and (3) no Information available from this TheMarketAdvantage.com website is modified in any way. Except for the specified uses above and reprint uses described below, no part of the Information available from this TheMarketAdvantage.com website may be captured, photographed, copied, photocopied, reproduced, republished, licensed, distributed, performed, displayed, uploaded, posted, translated, altered, retransmitted, broadcast in any way, exploited, used to create derivative works, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of TheMarketAdvantage.com.

We do not allow our data to be embedded in other websites.

If you capture, photograph, print off, copy, or download, or transmit any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return, or destroy, or recall any copies of the materials you have made.

ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS.

To request consent for other matters, please contact TheMarketAdvantage.com at support@TheMarketAdvantage.com.

IP & COPYRIGHT NOTICE

We are the owner or the licensee of all intellectual property rights in our Site and in the material published on it. Except where indicated, all content on this site is Copyright © by TheMarketAdvantage.com, Inc., Buffalo New York. All rights reserved. When reprinting charts physically or electronically or copying content for other purposes where providing TheMarketAdvantage.com‘s copyright notice is required, you may provide this copyright notice by placing “© TheMarketAdvantage.com” somewhere near the reprinted chart. For our charts, “© TheMarketAdvantage.com” automatically appears within the image, and therefore you must simply avoid cropping that notice out of the image.

PERMISSION NOTICE

When reprinting data physically or electronically or copying content for other purposes, TheMarketAdvantage.com‘s permission notice is required to appear near the reproduced content.

For other instances in which you reproduce TheMarketAdvantage.com content, consistent with the above terms or with express permission of TheMarketAdvantage.com, you must place “Used with permission from TheMarketAdvantage.com, Inc.” somewhere near the reproduced content.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged, and any copyright, trademark and other proprietary rights notices must appear and remain intact on all copies.

TRADEMARKS

The following terms are trademarks of TheMarketAdvantage.com: “TheMarketAdvantage.com”, “80percentedge”. Other product and company names mentioned herein may be the trademarks of their respective owners.

THIRD-PARTY LINKS AND ADVERTISEMENTS

TheMarketAdvantage.com may integrate advertisements or links to third-party websites on our Site. TheMarketAdvantage.com has no control over nor responsibility for the content found in those advertisements and websites or their accessibility. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or resources.

USER-CONTRIBUTED CONTENT

If you submit ideas, suggestions, and/or proposals to us, you do so voluntarily and with no expectation of confidentiality. By submitting any of the foregoing items, you grant us ownership of the ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation, attribution or payment. You understand that we may have something similar to such ideas, suggestions, and/or proposals under consideration or in development.

Information and materials uploaded by other users of the Site have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

We have the right to remove any posting you make on our Site if we deem your posted content objectionable.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, we will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.”

If you are a copyright and/or trademark owner, or are authorized to act on behalf of one or authorized to act under any exclusive license of such right, please report alleged acts of infringement taking place on or through our site and services by completing the following DMCA Notice of Alleged Infringement through the process described below. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate.

To provide Notice of Alleged Infringement (“Notice”): (1) Identify the copyrighted work(s) and/or trademark(s) that you claim has been infringed; (2) Identify the material(s) and/or link(s) you claim is infringing and that access to which is to be removed or disabled; (3) Provide your mailing address, telephone number, and, if available, email address; (4) Include both of the following statements in the body of the Notice – “I hereby state that I have a good faith belief that the disputed use of the copyrighted and/or trademarked material is not authorized by the owner, its agent, or the law (e.g., as a fair use)” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright and/or trademark or of an exclusive license under such right that is allegedly infringed.”; (5) Provide your full legal name and your electronic or physical signature; (6) Deliver this Notice, with all items completed, to info@TheMarketAdvantage.com.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

We have no obligation to adjudicate IP claims. Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.

ACCURACY OF INFORMATION

All of the information, analysis, materials, opinions, advice, or other statements (collectively, “Content”) on the Site is for entertainment and educational purposes only. TheMarketAdvantage.com and its content licensors do not guarantee the accuracy, completeness, usefulness or timeliness of the Content on the Site. Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. We do not endorse nor have any responsibility for any Content on the Site created by anyone other than our authorized employees or spokespersons while acting in their official capacities.

Any current or historical claims of performance should not be relied upon as accurate. Everyone must do their own due diligence and research when determining whether any data is accurate.

INVESTMENT DECISIONS

The Content on the Site should never be relied upon as the sole basis for making any investment decisions. We and our third-party providers, affiliates, agents, and licensors will not be liable for any investment decisions made based on the Content and/or the Site. Investing is inherently risky, any reliance on the Content on the Site is at your own risk, and you assume any and all risks associated with your investment decisions. We do not advocate the purchase or sale of any individual investment vehicle. We and our third-party providers, affiliates, agents, and licensors may be active investors in the market and may or may not have open positions in any investment vehicle mentioned on the Site. You assume any and all risk associated with your investment decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in investment vehicles mentioned on the Site. Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representative to verify pricing and other information.

Results are not typical or guaranteed. Past performance is not indicative of future returns and financial investing is inherently risky. All content is provided subject to the qualifications and limitations set forth in our Terms of Service.

This is for informational purposes only as TheMarketAdvantage.com is not registered as a securities broker-dealer or an investment adviser. No information herein is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.

TheMarketAdvantage.com cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The reader bears responsibility for his/her own investment research and decisions, should seek the advice of a qualified securities professional before making any investment, and investigate and fully understand any and all risks before investing.

TheMarketAdvantage.com in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned in communications or websites. In addition, TheMarketAdvantage.com accepts no liability whatsoever for any direct or consequential loss arising from any use of this information. This information is not intended to be used as the sole basis of any investment decision, should it be construed as advice designed to meet the investment needs of any particular investor. Past performance is not necessarily indicative of future returns.

DISCLAIMER

THE SITE, INCLUDING ITS CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR THIRD-PARTY PROVIDERS, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, TIMELINESS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR COMPUTER, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER VIRUS.

LIMITATION OF LIABILITY

Under no circumstances shall TheMarketAdvantage.com, its officers, directors, agents, third-party providers, affiliates, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation, attorneys’ fees), or any loss of profits or revenues or loss of data, use, good-will, business opportunity, or other intangible losses, whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Site, even if TheMarketAdvantage.com has been advised of such damages. If you are dissatisfied with any TheMarketAdvantage.com Information or other materials, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using TheMarketAdvantage.com. If TheMarketAdvantage.com or any of its third-party providers, affiliates, agents, or licensors are found liable in connection with a claim arising out of or related to the services or the Information, their aggregate liability in such an event shall not exceed the amount you paid TheMarketAdvantage.com, if any, in the past twelve months for the services giving rise to the claim. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from TheMarketAdvantage.com, or its third-party providers, affiliates, agents, or licensors.

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not TheMarketAdvantage.com has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. However, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

MEMBERSHIP

TheMarketAdvantage.com offers an online membership service which is an expanded suite of online tools and services beyond what is currently offered to all visitors of our website. By completing the registration process, paying all required membership fees, or signing up for a free trial, and using your membership (paid or by free trial), you are indicating that you agree to also be bound by all of the additional terms in the following two sections of this agreement.

REGISTRATION, ACCESS, AND SECURITY

Only you can use your account, and no other individual may access your account using the same user ID or password, unless agreed otherwise by TheMarketAdvantage.com.

As part of the registration process, you will be automatically assigned a password and a user ID. You will be required to give us certain registration information, all of which must be accurate and updated. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.

You shall notify TheMarketAdvantage.com, at support@TheMarketAdvantage.com, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

You are solely and fully responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your user ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at TheMarketAdvantage.com‘s sole discretion, and TheMarketAdvantage.com may refer you to appropriate law enforcement agencies.

Your Account. To access the Service, you must create an account associated with a valid e-mail address. You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including a spouse) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time

We may change, discontinue, or downgrade any of the Service (including the Service as a whole) or change or remove features or functionality of the Service from time to time.

PAYMENTS AND TERMINATION/CANCELLATION OF SERVICE

You can always find the current Membership Fees and charges posted in the TheMarketAdvantage.com Subscription Services section of our website. All fees are due in advance. Members can renew their account at any time using our online payment system.

New members may be eligible for a 1-month free trial of our service but is not guaranteed. If you are not satisfied with our service during that trial period, simply visit the “Your Account” page and click the “Cancel Your Account” button on that page. If you cancel within the 1-month trial period, your credit card will not be charged. Note that if you cancel your membership during the free trial period, you will not be able to sign up for another free trial for one full year from the date of cancellation. You will be able to sign up as a regular paying member during that time.

After the 1-month trial period is over and we have charged your credit card, we will be unable to provide a refund for that month if you cancel your account.

All other members are subject to the following payment terms: Month-to-month members will be automatically renewed each month, for an additional month of service; Month-to-month members are not eligible for refunds; Annual members will be automatically renewed each year, for an additional year of service; Annual members may be eligible for refunds of full unused months upon cancellation; All Data Plans are billed monthly and all Data Plan fees are non-refundable.

You may cancel your membership by disabling the automatic renewal feature on the “Your Account” page at any time. If the automatic renewal feature is turned off as of the expiration date, your account will be suspended on the expiration date. You will still have access to TheMarketAdvantage.com‘s free services. Any data stored on TheMarketAdvantage.com‘s servers as part of your account may be lost.

• Payment. TheMarketAdvantage.com will charge the subscription fee and any other additional fees or charges you authorize on the credit card provided by you and starting on the date stated by your subscription invoice or other previous payment agreement established between us and you.
• Credit Card Authorization.  By authorizing TheMarketAdvantage.com to charge a credit card for the fees associated with your Service, you are authorizing TheMarketAdvantage.com to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs TheMarketAdvantage.com of the new replacement card account) for all fees or charges associated with your subscription to the Service including any renewal fees as described below. Credit cards that are declined for any reason are subject to a thirty-dollar ($30.00) declination fee. TheMarketAdvantage.com may elect to interrupt Service for fees that reach ten (5) days past due. Service interrupted for nonpayment is subject to a twenty percent (20%) out of outstanding amount as a reconnection charge. Accounts not paid by due date are subject to a ten dollar ($10) late fee. Accounts that are not collectable by TheMarketAdvantage.com may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay TheMarketAdvantage.com  a processing and collection fee the lesser of one hundred and fifty dollars ($150.00) or as allowed by applicable law.
• Automatic Renewal of Subscription.  When you subscribe to the Service your subscription will be set to automatically renew upon its expiration. This means that unless you explicitly cancel the Service prior to its expiration date, your Service will automatically renew for the same term. At the time of renewal, we will charge your credit card, or invoice you, the then-current fees to renew the Service.
• Cancellations and Refunds.  All fees and charges paid by you in relation to the Service are non-refundable, except (i) you may cancel this Agreement at any time prior to midnight of the third business day as provided for in your Subscription Order following the renewal date or (ii) if we terminate this Agreement for convenience. Following cancellation, TheMarketAdvantage.com reserves the right to (i) limit or restrict access to the Service and (ii) delete all Your Content.
• Changes in Price. TheMarketAdvantage.com may, at any time, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during an existing subscription term for the Service will apply to subsequent subscription terms and to all new members after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
• Taxes. Charges for Services hereunder do not include any federal, state, local or foreign taxes, duties or levies of any nature (“Taxes”).  Any Taxes required to be paid by TheMarketAdvantage.com as a result of your use of the Service (other than Taxes based on TheMarketAdvantage.com’s income) shall be billed to and paid by you.
• Fee Disputes. You agree that if there are problems or questions regarding the Service that you will contact TheMarketAdvantage.com for assistance and not dispute any charges from us unless you terminate for breach as provided in this Agreement. You agree to inform TheMarketAdvantage.com of any credit card information changes, including expiration date. You represent and warrant that you are legally authorized to enter into Agreement including use of the credit associated with the account. You agree to provide TheMarketAdvantage.com with at least three (3) days prior written notice to request termination of any recurring credit card authorization and transition to another form of billing.

CHANGES TO CONTENT & AVAILABILITY OF SERVICE

We may make improvements and/or changes to the Content and/or the Site at any time in our sole discretion. And while it is unlikely, we may also choose to cease publication at any time in our sole discretion. Periodic updates to the Site are not guaranteed and we cannot guarantee that the Site will be up or fully operational at all times.

We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

ENDING THESE TERMS

The Terms will continue to apply until they are terminated by either you or TheMarketAdvantage.com in accordance with this section. You may end your legal agreement with TheMarketAdvantage.com at any time for any reason by deactivating your account and discontinuing your use of the Site. You do not need to specifically inform TheMarketAdvantage.com if you stop using the Site. We may suspend or terminate your account or cease providing you with all or part of the Site at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Site to you is no longer commercially viable. Nothing in this section shall affect TheMarketAdvantage.com‘s rights to change, limit or stop the provision of the Site without prior notice.

INDEMNIFICATION

You hereby indemnify, defend and hold harmless TheMarketAdvantage.com and all officers, directors, owners, agents, information third-party providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. TheMarketAdvantage.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

GENERAL

This agreement is governed by the laws of the State of New York, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Erie County, New York, U.S.A. in all disputes arising out of or relating to the use of this TheMarketAdvantage.com website. Use of this TheMarketAdvantage.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. However, if you are a federal, state, or local government entity in the United States using the Site in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).

WAIVER

TheMarketAdvantage.com‘s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

SEVERABILITY

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ENTIRE AGREEMENT

This agreement, in concert with the Privacy Statement, constitutes the entire agreement between you and TheMarketAdvantage.com with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TheMarketAdvantage.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Contact us if you have any questions about this agreement.