Welcome to The MarvinMatrix™.com Web Site. By using our Site, you are agreeing to comply with and be bound by this Agreement. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. The term “MarvinMatrix™” or “MarvinMatrix Strategy” or “us” or “we” or “our” refers to MarvinMatrix™ Publishers LLC, the owner of the Web Site. The term “you” or “investor” or “member” or “client” or “user” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
2. Limited License; Permitted Uses.
Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright notices and other policies contained therein. No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances, except for arbitration solely between you and us.
3. Restrictions and Prohibitions on Use.
MarvinMatrix Publishers LLC is not an investment advisor and does not give individualized advice.
5. Useful Information:
The purpose of this site is to provide useful information and quality content for the User.
6. Free usage of Website:
Presently, there is no fee for the use of this Website.
No current User will be automatically moved from a free status to a fee paying status without specific permission from the User.
7. Risk of Loss.
User understands that investing in small-cap stocks and micro-cap stocks are often more speculative, and may carry a higher degree of risk of loss, than other stocks. User represents that these are risks that the User is willing to assume, and does so assume when using this Website.
The content, material, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 2 above, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right to any such information and materials. Some of the content on the Site is the copyrighted work of third parties.
9. Service Marks.
“MarvinMatrix™” and “MarvinMatrix Strategy” and “MarvinMatrix.com” and other marks displayed at the Site are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
10. Forms, Agreements & Documents.
We may make available through the Site or through other Web Sites various questions, calculations, checklists, and other documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign, or transfer such license. Documents are presently provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE CALCULATIONS AND DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The calculations may be inappropriate for your particular circumstances. Furthermore, you may require different or additional provisions to ensure the desired result. You should consult with your own Investment Adviser to determine the appropriate calculations necessary for your particular transactions, as the calculations are only samples and may not be applicable to a particular situation.
11. No Legal Advice and No Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to and does not constitute legal advice, investment advice, recommendations, or counseling under any circumstance, and no Attorney-client and no advisor-client relationship is formed. Since each individual’s situation is unique, a qualified professional should be consulted before making tax, legal or investment decisions. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE INFORMATION CONTAINED IN OR LINKED TO THE SITE. YOUR USE OF ANY INFORMATION ON ANY OF THE SITE OR MATERIALS LINKED TO THE SITE IS ENTIRELY AT YOUR OWN RISK. Also, see other caveats on the site.
12. Do You Want to Link to Our Site?
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site; (b) you do not, and your Site does not indicate, imply or suggest that we have authorized your Site; or your linkage to our Site, or that our Site is affiliated with your Site; (c) your Site does not engage in illegal, obscene, sexual, or pornographic activities; and (d) you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that their material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
15. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the software, systems, functionality, or information available on or through the Site will be free of defects, correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
16. Third-Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehoods, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
17. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, licensors, licensees, successors, assigns, third- party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT (INCLUDING CALCULATIONS AND OTHER INFORMATION AND COMMENTS), AND DOCUMENTS FROM OR THROUGH THE Site ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”; AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, SOFTWARE, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, SOFTWARE, OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INVESTMENT, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS Site AND THE PRODUCTS, SERVICES, SOFTWARE, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE Site OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY ERRORS OR VIRUSES CONTAINED WITHIN THIS ELECTRONIC FILE CONTAINING A CALCULATION OR DOCUMENT IS DISCLAIMED.
The information contained in this website may not be accurate or reliable.
We do not represent that the information on this site is accurate or reliable, but are to be used only as a guide to be reviewed and confirmed by the investor with the aid and help of the investor’s own personal investment adviser.
No result of any discussion or analysis on this website shall be construed as investment advice, and no such information should be relied upon by the User in making investment decisions.
21. Limitation of Liability.
- We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site; (d) the content contained on the Site; or (e) any delay or failure in performance beyond the control of any party.
- THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE Site AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED 3 times the amount of fees paid to us by client; AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND/OR ANY AFFILIATED PARTY.
22. Use of Information.
23. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OR FROM OUR SITE.
24. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
27. Securities Laws.
The Site may include statements concerning our operations and the operations of other companies, and prospects, strategies, financial condition, and future economic performance, as well as intentions, plans, and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will,” “guidance,” “P/E Multiples,” “P.E.G.,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law “safe harbors” for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.
28. Links to other Web Sites.
The Site may contain links to other Web Sites. We are not responsible for the content, accuracy, or opinions expressed in such Web Sites, and such Web Sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web Site on our Site does not imply approval or endorsement of the linked Web Site by us. If you decide to leave our Site and access these third-party Sites, you do so at your own risk.
29. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us by notice to our Copyright Agent (identified below) with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at customerservice@MarvinMatrix.com.
30. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours, contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
31. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
32. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of your notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. You may request a refund by contacting us by e-mail at customerservice@MarvinMatrix.com. Provided, however, that such refund request shall be honored only if such refund request is made to us by e-mail or writing within 5 business days of purchase. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us at customerservice@MarvinMatrix.com. Please note, however, that certain products and services mentioned on our Site are sold by third-parties or are linked to third-party Web Sites, and we have no responsibility or liability for those products or services.
33. Code of Ethics
We will not make use of the Database of calculations for personal benefit of buying or selling stocks, unless that same information is available to users. We may make use of the Database for statistical purposes and for articles.
We may continue to make the Database available to the public, even if you are no longer a user or member.
34. Accuracy of Information
It is understood and agreed that MarvinMatrix Publishers LLC, in the maintenance of records for its own purposes, or in making such records available to Client or any other person at the direction of client, does not assume responsibility for the accuracy of information furnished by Client or any other person, firm, or corporation.
35. No violations of other obligations
The execution and delivery of this Agreement by Client shall constitute the representations by Client that the terms hereof do not violate any obligation by which Client is bound, whether arising by contract, operation of law or otherwise. Client will indemnify us from any liability or expense resulting from a breach of Client’s representations.
36. Market Conditions
Client acknowledges that our past performance and advice regarding the client’s financial plan(s) cannot guarantee successful future results. As with all market investments, client investments can appreciate or depreciate. We do not guarantee or warranty that services offered will result in profit.
Except as otherwise stated on this website, all information and advice furnished by either party to the other shall be treated as confidential and shall not be disclosed to third parties except as required by law.
All notices and other communications contemplated by this agreement shall be deemed duly given if transmitted to us at 10106 Hemlock, c/o Stanley Marvin Burnstein, Overland Park, Kansas, 66212 to the attention of its Managing Member, and to User at the email address furnished to us by User.
39. Investment Policy
You should not use the MarvinMatrix™ Strategy or Algorithm unless you agree with the philosophy expressed throughout this site.
You as an investor should not utilize the MarvinMatrix™ Strategy or Algorithm unless you meet the standards for Suitability and Client Profile as shown on the MarvinMatrixNumbers.com website.
41. Applicable Law
This Agreement shall be treated as though it were executed and performed in Overland Park, Kansas, and shall be governed by and construed in accordance with the laws of the State of Kansas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, software, documents, products or services related thereto) must be instituted under Section 42 below and must be within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 20 and Section 21. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
This agreement contains a predispute arbitration clause. The parties agree as follows:
(A) All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury.
(B) Arbitration awards are final and binding; a party’s ability to have a court reverse or modify an arbitration award is severely limited.
(C) The Ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
(D) The arbitrators do not have to explain the reason(s) for their award.
(E) The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
(F) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration.
(G) The rules of the American Arbitration Association shall apply.
(H) No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
(I) Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Johnson County, Kansas, and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Johnson County, Kansas, necessary to protect the rights and/or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through the American Arbitration Association.
You agree to be solely responsible for your stock market investment decisions and not rely upon the MarvinMatrix™ Strategy or Algoithm for decision-making. You are the sole decider of what to buy and what to sell and when to buy and when to sell.
- you cannot afford the risk of being in the Stock Market,
- you are not willing to take and assume substantial risks,
- you are not willing to do your own homework and make your own decisions, or
- you are not willing to take the risk of incorrect recommendations,
THEN, do not use the MarvinMatrix™ Strategy or Algorithm, and do not invest in the stock market. Do not go “ALL-IN.” Save your cash for future opportunities when the stock market crashes.
Caution: Investing can be hazardous
44. Your Responsibilities.
Item A. – Investment outcome is subject to considerable risks. There is no guarantee that any investment resulting from a discussion on this site will achieve your particular investment objectives, or that results will be favorable. You should be able to bear the risks of investing and be able to afford to lose your entire investment.
Item B. – This site is not intended to serve as the primary or sole basis for your investment planning decisions. Although we make every effort to ensure that the information presented is accurate, the accuracy and applicability of the information presented to your circumstances are not guaranteed.
The User acknowledges receipt of a copy of this Agreement. No assignment of the Agreement shall be made by either party without the consent of the other party.
46. Approval of Agreement
This agreement is hereby approved by User and us.
The agreement contains a pre-dispute arbitration clause. See paragraph 42.