Last Updated: February 24, 2023
By accessing and using any content from Portfolio123.com (the “Website”), its API, and related emails (collectively the "Service"), owned and operated by Prism Research Inc. (the "Company"), you are acknowledging that you have read and understood the terms and conditions of this Subscriber Agreement (“Agreement”), and agree without limitation or qualification, to be legally bound by, and to comply with them.
We are not financial analysts, investment brokers, or financial advisors. The information from the Service is provided for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice. The Company is not responsible for any investment decision made by you. Investors should always check with their licensed financial advisor to determine the suitability of any investment.
The Company is free of any conflicts created by investment banking and proprietary trading.
Subject to the limitations set out in this Agreement, the Company grants you a non-exclusive, non-transferable right to access and use the Service for the duration of the membership within the "fair use" provisions of the Copyright Act. The Log-In ID and password assigned to you may not be transferred, assigned, or otherwise loaned (whether for temporary use or otherwise) in any manner whatsoever unless expressly permitted in writing.
A Portfolio123 account is categorized as follows:
Retail
Retail Investor: One who uses the Service to make decisions for his/her personal accounts and/or those of direct dependents and who is not engaged in using the Service in any “Non-Retail” activities defined below.
Non-Retail
High-Net-Worth Investor: Subscribers making investment decisions for themselves and/or family members only, and have more than $5 million in liquid financial assets.
Professional: One who uses the Service in any of the following activities:
Research Provider: One who uses the Service in the regular course of a business or profession relating to equity research or services, including (but not limited to): website or blog, newsletters, strategies (other than Designer Models), stock rating reports, charts, timing models, or investment clubs. Users in this category must have written permission from the Company to reproduce or redistribute any content or derived content.
Educational: Those who use the Service for educational purposes including but not limited to professors or instructors using the Service as part of class work or projects, students using the Service as part of class work or projects, and professors and their colleagues or assistants who use the Service in connection with academic or scholarly research.
Non-Retail Subscribers are limited to our non Non-Retail membership levels which are different from our Retail membership levels for Retail Investors. The Company reserves the right to verify and enforce that you've selected the appropriate account type. The Company reserves the right to deny Service to any Subscriber who, in the Company's determination, misrepresents its Retail Investor status.
You acknowledge that the Service contains or provides access to information, software, advertising, and financial market information, including but not limited to, design, text, graphics, audio, video clips, images, links, financial analysis and research, other financial market data, and other material (collectively, the "Content") that may be protected by copyright, trademark or other proprietary rights of the Company or third parties. All Content on the Service is copyrighted as a collective work of the Company pursuant to applicable copyright law. Unless otherwise indicated, the product and service names used in connection with the Service are trademarks or registered trademarks of the Company. You acknowledge that the market data information provided is property of the various exchanges and other information providers and therefore subject to modifications from these sources and to all copyright and other interests maintained by the sources. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted in these terms and conditions or with the prior written consent of the Company. Content consisting of downloadable software may not be reverse engineered. You may download or copy the Content only for your own personal use, except as provided elsewhere in these terms and conditions, provided that you retain on such materials all copyright and other notices contained in such Content. The only exceptions to this paragraph are (a) as expressly permitted by the copyright laws, (b) with the express prior written permission of the Company or, if other than the Company, the owners of such Content, or their authorized agents.
If you transmit to or otherwise provide to the Service any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Submissions"), such User Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such User Submissions and shall be free to reproduce, use, disclose, modify, display, and distribute the User Submissions to others without limitation. By transmitting such User Submissions to the Service, you are deemed to grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how, or techniques contained in such User Submissions for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such User Submissions.
You may post on the Service any User Submissions owned by you (such as your original statements) and User Submissions for which you have received express permission from the owner. You assume all risk and responsibility for determining whether the User Submissions is in the public domain.
You grant the Company the right to edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submissions that you place on the Service without remuneration to you. You represent and warrant that you are authorized to grant all rights set forth in this paragraph.
A "Custom System" is anything developed by you using the Service including, but not limited to: Ranking Systems, Trading Systems, Screens, Strategies, and Simulations. A "Private Custom System" is a Custom System that is not accessible to other users. This is typically accomplished by setting the visibility property to "private". The Company shall not be liable for any damages whatsoever, whether direct, indirect, incidental, consequential, special, punitive, or exemplary damages, in any way arising out of any of your Private Custom Systems being accessible to other users, regardless on how this access is achieved (for example due to an error in the Service, unauthorized access, theft, negligence, etc.), or by the loss or corruption of such Private Custom System.
It's the Company's policy not to access Private Custom Systems internally or make their content available to any third parties, except in cases where access might help in identifying errors. The Company reserves the right to publish on the Service performance figures associated with any Custom System whether private or public.
A Public Custom System you create will be available to other users of the Service and will be attributed to you under your user name. You grant the Company, its successors, assignees, and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, and display such Public Custom System throughout the world in any media. You grant the Company and its affiliates and sublicensees the right to use the name that you submit in connection with such Public Custom System. You represent that you own or otherwise control all of the rights to the Public Custom System that you post; that use of the Public Custom System you supply does not violate the Service's Terms of Use.
A Private Custom System becomes a Public Custom System if the visibility property is set to "public" at any time, and only temporarily, whether voluntarily or involuntarily. It is your responsibility to verify that your Private Custom Systems have the visibility set to "private". You agree that no payment or compensation of any kind is due to you from the Company or any third party now or at any time in the future as a result of developing any Custom Systems. The Company may make your Public Custom System a Private Custom System, and thereby not accessible to other users of the Service, at any time without prior notification to you.
You are prohibited from posting or transmitting to the Service, including our discussion forums, any unsolicited chain letters or "spam", or any confidential, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, any material that would violate the rights of privacy of any person, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, the Company will have no liability related to the content of any such communications. You are prohibited from posting on the Service any User Feedback or communications, in which you do not own the copyright, unless you have consent from the owner or the content is in the public domain. You may not post or transmit to the Service any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations. You are also prohibited from impersonating any individual. The Company may, but is not obligated to, review or monitor areas on the Service, if any, where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. The Company is not responsible for the accuracy of any posted information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Service by means of an electronic signature by requesting you to affirmatively "click" on boxes containing the words "Accept," "Agree," or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature.
a) Member expressly agrees that use of the Service at his or her sole risk. Neither the Company, its affiliates, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Service.
b) the Service is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
c) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Member specifically acknowledges that the Company is not liable for the defamatory, offensive, or illegal conduct of other third parties, members, or other users of the forums and that the risk of injury from the foregoing rests entirely with each member.
d) In no event will the Company or any person or entity involved in creating, producing, or distributing content of the Service be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or trading losses) arising out of the use of or inability to use the Service or out of the breach of any warranty. Member hereby acknowledges that the provisions of this section shall apply to all content of the Service.
e) The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Service, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a member's reliance on information obtained through the content on the Service. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Service.
f) The Company does not endorse, warrant, or guarantee any product or service offered by a third party through the Service.
g) Under no circumstances shall the Company, its officers, directors, shareholders agents, or its third-party providers be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation, attorneys' fees), 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 Service, even if the Company has been advised of such damages. If you are dissatisfied with any of the Service's Information or other materials, or with any of the terms and conditions contained in the Service, your sole and exclusive remedy is to discontinue using the Service. If the Company or any of its third-party providers are found liable in connection with a claim arising out of or related to the services or the Service, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from the Company or its third-party providers.
h) The Company's affiliates or associates and/or its employees may have interests, financial or otherwise, in the securities held by any Strategies. The Company does not condone any type of "front-running" activities by its affiliates or associates and/or its employees.
Member agrees to indemnify and hold the Company, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Member's use of the Service or from Member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and Member's use of the Service.
The Company has the right, in its sole discretion, to terminate your access to the Service, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of the Company, interfere with any other user's access or use of the Service, or if the Company decides that your use is otherwise detrimental to the Company, the Service, or the Company's suppliers or licensors. The Company does not have any obligation or liability to you for the performance or nonperformance of those activities.
Member has read and agrees to the Privacy Policy and Payment & Refund Policy (the "Policies") located on the Service. The Company reserves the right to change the Policies at any time. You are responsible for regularly reviewing the Policies. Such changes, modifications, additions, or deletions shall be effective immediately. Continued use of the Service following any such changes shall constitute your acceptance of such changes.
The Company reserves the right to change this Terms of Use agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately. Continued use of the Service following any such changes shall constitute your acceptance of such changes.
Subscription Fees and any other Indirect Fee, for example costs for a particular API call, or the cost to store user’s data in terms of Resource Units, are set forth on the Website and may be amended at Company’s sole discretion from time to time without notice. Indirect Fees changes take effect immediately. Membership subscriptions that renew automatically will do so at the amended price at renewal of the term: monthly, annual, or other.
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree and acknowledge that if Company discontinues offering or providing the Service, certain data, information or applications, or a portion thereof for any reason, Company shall have no liability whatsoever, and your only recourse is to cancel your subscription and receive, if applicable, a pro rata refund of your unused prepaid term.
The Company reserves the right to terminate your access to the site if Company believes that you are providing services that are detrimental to Company’s business including, but not limited to, services that offer similar functionality. Subscribers may not use, or assist any third party in using, any portion of the Service in any way to compete with the Service. If Company believes, in good faith, that you are competing with the Service, then Company may terminate this Agreement, consider the activity a material breach of this Agreement and pursue any and all remedies for the breach.
This Agreement is governed in accordance with the laws of the State of Illinois.