Terms of Use and User Agreement

 

Introduction

Marco Polo XTF Inc. ("XTF") makes information, materials, and products available on this website subject to the terms and conditions herein and as may be changed by XTF from time to time ("Terms"). XTF reserves the sole and absolute right to change the Terms at any time without notice.

BY USING XTF.COM (“THE WEBSITE” or “WEBSITE”), REGISTERING WITH THE WEBSITE, EITHER AS A FREE OR A PREMIUM MEMBER OF THE WEBSITE OR ACCEPTING ANY RELATED SERVICES FROM XTF, YOU REPRESENT AND AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS AGREEMENT; AND (2) WILL BE BOUND BY THE TERMS.

 

 Use of this Web Site

The XTF Information is provided only for personal or professional use to one licensed individual. Any access to the XTF Website that is provided to you through a corporation or institution must be provided through a valid site license or group account. All forms of sub-licensing, reselling, republication or other form of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to other parties of any XTF Website, including username and password information, are strictly prohibited.

XTF reserves the right at any time, in its discretion and without prior notice to users, to change, revise, modify, add, upgrade, remove or discontinue web sites or content or information. XTF may also impose limitations or restrictions upon and may revoke  access to and use of web sites, content or information, in whole or in part, without prior notice to users.

While browsers may allow users to reject cookies, the web sites may require users to accept all cookies in order for its features and security mechanisms to function fully. XTF uses cookies on web sites to service accounts and keep trading activities secure. A cookie is an electronic note created by a web site and stored on computers.

Information made available by and through web sites is made available by XTF as a general reference for informational and educational purposes. Users will not use the web sites, their content, or information for any purpose that is unlawful, violates the rights of any third party, or which is otherwise prohibited by this Agreement. Users will not transmit through the web sites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable and which encourages conduct that would constitute a criminal offensive or give rise to civil or criminal liability.

Users acknowledge that not all investment products and strategies discussed in the web sites, their contents or information, are suitable for every investor, and that it is a user’s sole responsibility to determine the suitability of such products and strategies for their own investment objectives. Neither XTF nor Providers shall be liable for any loss resulting from use of the web sites, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of my electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any "force majeure" (e.g., severe weather, earthquakes, flood, fire or other acts of God), strikes or other labor problems, or to any other cause beyond the reasonable control of XTF or any third party.

The availability of the web sites or information does not constitute an offer or solicitation to buy or sell any investment product.

 

Copyright

You may download or print hard copies of pages or reports from the Website or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice:

"Copyright (c) 2009 Marco Polo XTF Inc. All rights reserved."

 

Marco Polo XTF Rating Service

Each ETF rating is based on proprietary XTF research and technology. The information provided herein is for informational purposes only and nothing herein is an offer or solicitation nor is it a solicitation of securities products and services. Not all products or services described are available for purchase or sale in all states or countries. Information provided is obtained from sources deemed to be reliable. However XTF does not guarantee the accuracy or completeness of the information nor does it make any warranties regarding its suitability for any particular person, entity or situation.  While the rankings in the XTF Ratings Service are intended to be predictive of future relative performance of an issuer's securities, the XTF Ratings Service is not intended to constitute a recommendation of any specific security. Neither XTF nor its Information Providers SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, for the accuracy, completeness, timeliness, or correct sequencing of any of the Information on the Website, including, but not limited to Information originated by XTF, licensed by XTF from Information Providers, or gathered by XTF from publicly available sources. There may be delays, omissions, or inaccuracies in the Information.The past performance of an ETF, mutual fund, stock, or investment strategy cannot guarantee its future performance. You should always consult your financial, legal and tax advisors regarding your individual situation.

Officers, directors, employees of Marco Polo Network Inc. the parent company of XTF and its affiliates (hereinafter “MPN”), may hold stocks that are reviewed in this service or may use the rankings in this service as part of their investment strategies. These accounts, as well as the officers, directors, and employees of MPN, may dispose of a security notwithstanding the fact that The XTF Ratings Service ranks the stock favorably; conversely, such accounts or persons may purchase or hold a security that is poorly ranked by the XTF Ratings Service.

XTF, or its licensors, or its assignees, are the sole and exclusive owners of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights, in the XTF Research and Ratings Information. You may not otherwise copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, sublicense or assign any aspect of the XTF Information delivered or accessed via this service.

 

Trademarks and Logos

Trademarks, logos, and service marks ("Marks") which appear on this site are either the property of XTF or are under license from other parties. Use of the Marks is not permitted without the prior written consent of either XTF and/or the party to whom the mark belongs.

You may not use, adopt or attempt to register anywhere in the world, alone or together with any other mark, symbol, or name, any XTF trade name or mark or service name or mark that is similar or confusingly similar to the XTF trademarks.For further information on XTF's intellectual property or to report concerns regarding copyrighted work accessible on this site you may contact us at:

Marco Polo XTF Inc.
110 Wall Street, 18th Floor
New York, NY 10005

ATTN: Legal Department

 

Third Party Materials and Hyperlinks

This Website contains references and links to third party websites which are not under the control of XTF. XTF makes no representations about any other site, including those whose services we may describe or offer on this site as well as any such sites you may access either directly or indirectly through hyperlinks or otherwise.

 

Governing Law and Jurisdiction

Your continued use of this Website constitutes your agreement to the Terms. Such agreement shall be governed by the laws of the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court in the county and state of New York.

 

Limitation of Liability

NEITHER XTF NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM XTF MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE USE OF, OR RELIANCE ON, THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY XTF OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.

NEITHER XTF NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF XTF OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

You agree to indemnify, defend, and hold harmless XTF, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys' fees), and/or damages of any kind arising from or relating to: (i) your use of the Website; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Website.

 

User Password

If you register with the Website, you will be required to select a password, which you may then modify at any time as often as you like. You may not select any password that violates any third party's rights or is offensive, improper, or inappropriate. If XTF determines in its sole discretion that any password you select is inappropriate for any reason, XTF may delete that password and/or limit or terminate your access to the Website.

Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone.

YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. XTF may deny you access to all or part of this service without notice if you engage in any conduct or activities that XTF, in its sole AND ABSOLUTE discretion, believes violates applicable law or any term of this agreement.

 

Subscription and Service

You may not use the Standard, Premium, or Platinum, or any other level of an entitlement service (“XTF Service”) without a valid subscription from XTF. To obtain a subscription, you must register for the XTF Service either by completing the online registration form available on the Website or by calling the number listed below under "Customer Service and Product Support." Your subscription will not be valid unless and until XTF accepts your registration. By registering for any entitlement of the XTF Service, you represent and warrant that all registration information that you provide is true, complete, and accurate. You agree to notify XTF promptly of any changes to this registration information. Notification can be made either by editing your user profile in the Membership area of the Website or by calling the number listed below under "Customer Service and Product Support."

You may be offered a free trial subscription to the XTF Service, beginning on the date on which XTF accepts your registration. If you don't terminate your subscription during this trial period, the initial term of your regular paid XTF Service subscription will start immediately after the free trial period ends, and will continue for the length of time that you selected when you registered. If you have received a Membership trial in the past 24 months, you will not receive a free trial and your credit card will be charged immediately for the subscription fee associated with the term you select.

You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be automatically charged for each such renewal at the subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to upgrade your membership, your subscription will automatically renew to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.

XTF RESERVES THE RIGHT TO CHANGE THE XTF SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE XTF SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.

Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers).

 

 Charges and Billing Practices

If offered a free trial period, you will not be charged a subscription fee during that free trial period. Subscription Fees on credit-card transactions will be authorized immediately, but not actually processed. If you remain a member when the free trial period ends, you will be charged for the initial term of your subscription and then, at the beginning of each renewal term, if any, for the subscription fee for that renewal term. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and shall apply whether or not you actually use the XTF Service during that term. You can always find the current retail subscription rates by reviewing the Member Benefits on the Website. Subscription fees are nonrefundable, except as set forth below.

XTF reserves the right to change the fees it charges for products, services or features (collectively "Products") offered in connection with the XTF Service and/or the Website at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay said associated fees, you must cancel your subscription, as set forth below.

Subscription fees and all others fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the XTF Service ("your credit card"). If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to XTF, and if we do receive such information, it will be treated by XTF as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.

You must promptly notify XTF (as set forth below) if any information related to your credit card changes or is no longer valid or of any other change to the information you provided XTF regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, XTF will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, XTF shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys' fees) incurred by XTF in collecting any unpaid subscription fees or other charges from you.

 

Cancellation

You may cancel your subscription by calling the telephone number listed below under "Customer Service and Product Support". XTF will not process cancellations submitted via email.

If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided herein, if you cancel your subscription at any time after your trial period expires, your membership will continue in effect until the monthly anniversary of the effective date of your paid subscription and then terminate on that date. (For example, if your paid subscription start date is on January 1 and you cancel on June 15, your membership continues until July 1, at which time it ends.) Upon termination of your subscription, any subscription fees paid for any unused months will be refunded to you, calculated from the next monthly anniversary of the effective date of your paid subscription.

XTF may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this User Agreement; or (ii) your use of or access to the XTF Service or the Website violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the XTF Service or any other service offered by XTF on the Website. None of the foregoing limits any other legal, equitable, or contractual rights available to XTF.

XTF may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.

 

Customer Service and Product Support

For customer service related to your XTF Service subscription (including information regarding registration and billing), contact XTF via telephone at (646)218-8600 or Toll Free within the continental United States and Canada at (888)-4-MPXTFR.

For technical and product support related to your XTF Service subscription, contact XTF via e-mail only at: http://www.xtf.com/Contact/index.aspx