Terms of Service

Date Effective: October 2024

General

This website (the "Site") is owned and operated by Accretive Capital LLC d/b/a Benzinga (“COMPANY” "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. 

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for  us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to COMPANY from their creation.  Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.  

You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from Your use of the site and any information or data that You provide to Company and its affiliates, partners and licensors (“Information”).  Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information or data, in an aggregate (not user level) form:  search requests, patterns, data and suggestions based on user actions.  The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information, other than as set forth in our Privacy Policy from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction,  we will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing and marketing products and services incorporating such information.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. 

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein. 

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Third-Party Content Accessible on Benzinga.com

  • You acknowledge that Benzinga.com permits access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
  • You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the site  Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services.  Company hereby disclaims any representation warranty or guaranty regarding the Third-Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.
  • You acknowledge and agree that Your access to and use of the Third-Party Content and Services and any correspondence or business dealings between You and any third party are governed by and require Your acceptance of the terms of service of such third party, including without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.  Furthermore, You acknowledge and agree that the Third-Party Content and Services and any related third-party terms of service are subject to change by the applicable third party at its sole discretion and without any notice.  You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers.  Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
  • You acknowledge and agree that the provision of access to any Third-Party Content and Service shall not constitute or imply any endorsement by Company or its affiliates of such Third-Party Content and Services otherwise accessible through the Software, although Company has no obligation to restrict or deny access even if requested by You.
  • You understand that by accessing and using the Third-Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material.  Notwithstanding the foregoing, You agree to use the Third-Party Content and Services at Your sole risk, and that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
  • You agree that the Third-Party Content and Services contain proprietary information and material that is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third-Party Content and Services.  No portion of the Third-Party Content and Services may be reproduced in any form or by any means.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third-Party Content and Services, in any manner, and You shall not exploit the Third-Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity.  You agree that You will not use any Third-Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by You.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site. 
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. 
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site. 
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. 
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means. 
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. 
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. 
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. 
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component. 
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. 
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. 
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site. 

COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates. 

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. 

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our  Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. 

WITH REGARDS TO FINANCIAL CONTENT ON THE SITE:

THE SITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED THEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.  WITH REGARD TO FINANCIAL CONTENT CONTAINED THEREIN: NEITHER COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISORS, OR AN INVESTMENT ADVISORY SERVICE, AND NOTHING CONTAINED IN THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE, OR LEGAL, COMPLIANCE, FINANCIAL, TAX, ACCOUNTING OR RELATED ADVICE. 

COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.

NONE OF THE INFORMATION PROVIDED ON THE WEBSITE IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. THE INFORMATION ON THE WEBSITE SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING SECURITIES OR OTHER INVESTMENTS.

THE INFORMATION CONTAINED ON THE SITE IS BASED ON SOURCES AND INFORMATION REASONABLY BELIEVED TO BE ACCURATE AS OF THE TIME IT WAS RECORDED OR CREATED. HOWEVER, THIS MATERIAL DEALS WITH TOPICS THAT ARE CONSTANTLY CHANGING AND ARE SUBJECT TO ONGOING CHANGES RELATED TO TECHNOLOGY AND THE MARKET PLACE AS WELL AS LEGAL AND RELATED COMPLIANCE ISSUES. THEREFORE, THE COMPLETENESS AND CURRENT ACCURACY OF THE IN THE SITE CANNOT BE GUARANTEED. 

THE EDUCATION AND INFORMATION PRESENTED ON THE SITE IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU, AS AN END USER OF THIS INFORMATION MAY THEREFORE USE THIS CONTENT AS A GENERAL GUIDELINE AND NOT AS THE ULTIMATE SOURCE OF CURRENT INFORMATION AND WHEN APPROPRIATE, YOU UNDERSTAND THAT YOU SHOULD CONSULT MY OWN LEGAL, ACCOUNTING OR OTHER ADVISORS.

ANY CASE STUDIES, EXAMPLES, ILLUSTRATIONS, OR TESTIMONIALS CANNOT GUARANTEE THAT YOU WILL ACHIEVE SIMILAR RESULTS. IN FACT, YOUR RESULTS MAY VARY SIGNIFICANTLY AND FACTORS SUCH AS MY MARKET, PERSONAL EFFORT AND MANY OTHER CIRCUMSTANCES MAY AND WILL CAUSE RESULTS TO VARY.

YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED IN THE SITE. YOU WILL SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THE SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.  THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.

MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. COMPANY HAS NO WAY OF KNOWING HOW WELL YOU WILL DO, AS THEY DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE, COMPANY DOES NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR THAT YOU WILL MAKE ANY MONEY AT ALL. IF YOU RELY UPON FIGURES PROVIDED IN THE SITE; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE INFORMATION, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE 

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED HEREIN. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Payment Terms 

Our no-obligation, free trial is exactly that – a FREE opportunity to explore the world of Benzinga without cost. Free trials are limited to one per customer. Duplicate trials created from the same IP address will be identified as 'bad faith' actors and are not eligible for refunds or account credit following any Benzinga Pro purchase. 

All subscription purchases are final. No cash refunds, partial or otherwise, will be given. All Benzinga Pro accounts are set to auto renew. Cancellations must be in writing to complete subscription termination. If you are dissatisfied with Benzinga Pro within the first 7 days of payment (initial purchase period only), send us a chat from the blue chat bubble in the bottom right corner of your platform, or email us at vipaccounts@benzinga.com. Briefly let us know why you are looking to leave so we can issue you an account credit and continue improving and evolving our offerings for future users.

“Lifetime” Subscriptions

As a lifetime subscriber to Benzinga Pro, you are part of our most exclusive membership group. We will give you access to all current and future tools on Benzinga Pro as long as we do not incur additional costs. For example, you may need to pay for access to certain data feeds not currently available. We appreciate your business and look forward to powering your success!

In the rare event that Benzinga is acquired by another company and/or ceases Benzinga Pro operations within 5 years of your purchase, Lifetime subscribers would be entitled to a prorated refund for each full year not yet used. For example, if you purchased the Lifetime membership 2.5 years before operations cease, then you would be entitled to a 40% refund of your payment. No other refunds are permitted for Lifetime subscriptions.
 

Benzinga Pro Refund Policy

If you are dissatisfied with Benzinga Pro within the first 7 days after paying for your account (the "Initial Purchase Period" for purposes of this paragraph), then please contact us by phone at (877) 440-9464 or by email at vipaccounts@benzinga.com and let us know that you would like to terminate your account. If you terminate your account during the Initial Purchase Period, we will apply to your account a credit equal in value of your initial Benzinga Pro subscription fee.
 

All sales are final on promotional packages, such as bundles, introductory pricing (i.e., a reduced cost for the first month, year etc.) or the New-Era Wealth Kit. Subscribers may request a credit of equal value to their current subscription to put toward any other Benzinga service.  

Paid Newsletter Payment Terms

All accounts are set to auto renew. Cancellations must be in writing to complete subscription termination. If you are dissatisfied with Stocks To Watch within the first 14 days of payment (initial purchase period only), email us at vipaccounts@benzinga.com.

Briefly let us know why you are looking to leave so we can keep improving and evolving our offerings for future subscribers.

Paid Newsletter Refund Policy

If you are dissatisfied with Stocks To Watch within the first 14 days after paying for your account (the "Initial Purchase Period" for purposes of this paragraph), then please contact us by phone at (877) 440-9464 or by email at vipaccounts@benzinga.com and let us know that you would like to terminate your account. If you terminate your account during the Initial Purchase Period, we will apply to your account a credit of equal value to your inital subscription fee. 

For all other subscriptions (excluding Benzinga Pro and Stocks to Watch), you can cancel your membership at any time and you will continue to have access to the Benzinga service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Benzinga content. 

 All sales are final on promotional packages, such as bundles, introductory pricing (i.e., a reduced cost for the first month, year etc.) or the New-Era Wealth Kit. Subscribers may request a credit of equal value to their current subscription to put toward any other Benzinga service.  

Benzinga Premium Ideas Alerts – SMS Alerts

A. Benzinga Premium Ideas subscribers, upon opting into the text alert service, will receive sms alerts of new trade ideas as they are added to the Premium Ideas membership site.

Products included:

  • Benzinga Options
  • Benzinga Stock
  • Picks Benzinga
  • Breakout Benzinga
  • Penny Stocks

B. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

C. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at newsletters@benzinga.com

D. Carriers are not liable for delayed or undelivered messages

E. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 10 messages per week, depending on your subscription tier. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

F. If you have any questions regarding privacy, please visit our Privacy Policy [LINK].

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy. 

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be support@benzinga.com

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Michigan and any dispute shall be subject to binding arbitration by NAM (National Arbitration and Mediation) in Detroit, Michigan If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The parties agree that any arbitration is subject to these Terms of Use and not any prior arbitration agreement.

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure

These procedures are intended to increase the likelihood of prompt and low-cost resolutions to any dispute between the parties. All the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are jurisdictional in nature.

  • Before a party commences an arbitration with NAM with respect to a claim, the party must first send a written notice of dispute (“Notice”). The Notice must (1) be sent by certified mail, return receipt requested or FedEx; (2) be addressed to: Accretive Capital LLC d/b/a Benzinga 1 Campus Martius, Ste. 200, Detroit, Michigan 48226 3) contain the party’s name, address, email address and date/time of website visit; (4) include a short summary of the dispute, including any relevant facts regarding the use of the Products with specific relief sought;
  • The party must attend a video conference to discuss the dispute with a representative from Accretive Capital LLC d/b/a Benzinga. The party’s attorney may be present;
  • Accretive Capital LLC d/b/a Benzinga then shall have 45 days from the date of the video conference to analyze the nature of the dispute before the filing of an arbitration with NAM by the party.
  • If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, NAM Arbitration Practice Administrator/Case Manager must dismiss any arbitration claims brought by a party that has failed to follow the required steps in the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedure, NAM cannot accept any fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Nothing in this paragraph limits the right of Accretive Capital LLC d/b/a Benzinga to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
  • If after the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure has been completed, any claim or dispute arising from use of the Products shall be settled only through binding arbitration. Any complaint or lawsuit filed in a court of law shall be dismissed and the arbitration shall commence. Nothing in this paragraph limits the right of Accretive Capital LLC d/b/a Benzinga to seek damages if a party files a complaint or lawsuit.

Class Action Waiver

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this Dispute Resolution provision will be unenforceable and the dispute will be decided by a court.

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