These Terms and Conditions that you are reading are a legal agreement between manageone solutions GmbH ("stockmarketonline.com" , "we" , "us" and "our") and you as a private person or you as a legal entity ("you"). By accessing or using any services, content, features, products or applications made available from time to time on this website www.stockmarketonline.com ("Website") and/or relevant software ("Software") and/or relevant algorithm ("Algorithm") (all of the foregoing are collectively referred to as the "Services"), you agree that you have read, understand, accept and will abide by these Terms and Conditions. The provisions of these Terms and Conditions may be modified and published by manageone solutions GmbH (www.stockmarketonline.com) at any time without notice. If you do not agree with these terms and conditions, you may not use any of the services offered by the company.
The Services are based on various algorithms ("Algorithm") which analyze various characteristics to create an analysis or strategy with certain characteristics. Based on the Strategy Algorithm, this service creates a list of exchange-traded funds or ETFs each month, which the algorithm includes in its trading strategy. The list of funds and ETFs is provided to our premium clients every month. Information and data are provided based on the analysis algorithms. This data and information is provided to our premium clients OnDemand.
Manageone solutions GmbH (www.stockmarketonline.com) assumes no liability for the results of the trading strategy of our services.
Manageone solutions GmbH (www.stockmarketonline.com) assumes no liability for the results of the analysis algorithms of our services.
For the avoidance of doubt, manageone solutions GmbH (www.stockmarketonline.com), its officers, directors, employees, partners and other third parties with whom manageone solutions GmbH (www.stockmarketonline.com) cooperates do not accept any responsibility for the information and/or its accuracy.
You acknowledge that: (i) the Service is provided for informational purposes only and is not intended for trading purposes;
(ii) the Service may contain certain information obtained from exchanges and other sources around the world;
(iii) manageone solutions GmbH (www.stockmarketonline.com) does not guarantee the order, accuracy, completeness or timeliness of the Service. Performance data may not be updated on a daily basis due to maintenance, errors, downtime, etc.;
(iv) the provision of certain parts of the Service is subject to the terms of other agreements to which manageone solutions GmbH (www.stockmarketonline.com) is a party;
(v) manageone solutions GmbH (www.stockmarketonline. com) may use anonymized data, such as the frequency of use of the analysis algorithms, to provide aggregated,
non-identifiable, high-level statistics (such as. e.g. popular stocks, etc.) for the purpose of providing the Service and sharing with third parties;
(vi) manageone solutions GmbH (www.stockmarketonline.com) may use non-identifiable personal information voluntarily provided by the User
(such as age, occupation, country of residence, income, etc.) for the purpose of providing the Service and sharing with third parties.
For the avoidance of doubt, any information disclosed to third parties will be completely anonymous and non-identifiable;
(vii) none of the information contained on this Website constitutes a solicitation, offer,
opinion or recommendation by manageone solutions GmbH (www.stockmarketonline. com) to buy or sell securities or to provide legal, tax,
accounting or investment advice or services regarding the profitability or suitability of any security or investment; and
(viii) the information provided on this Website is not intended for use by or distribution to any person or entity in any
jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly,
manageone solutions GmbH (www.stockmarketonline.com), its suppliers, agents, directors, officers, employees, representatives,
successors and assigns shall not be liable, directly or indirectly, to you or to any other person for:
(a) inaccuracies, errors or omissions in the Service, including but not limited to rates and financial data;
(b) delays, errors or interruptions in the transmission or provision of the Service; or
(c) loss or damage arising out of or caused by, or for any reason of non-performance
Any action and/or investment and/or transaction made on the basis of the information presented on the website is at the sole discretion of the user. manageone solutions GmbH (www.stockmarketonline.com) accepts no responsibility whatsoever for the aforementioned actions of the user, and the user shall in no event have any claim against manageone solutions GmbH (www.stockmarketonline.com) for direct and/or indirect damages incurred by the user as a result of using the website.
PLEASE READ THESE TERMS CAREFULLY AND COMPLETELY BEFORE USING THE SITE OR OUR SERVICES.
BY USING THE SITE OR OTHERWISE ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
WE ARE NOT INVESTMENT ADVISORS. THE WEBSITE AND THE CONTENT PROVIDED IN CONNECTION THEREWITH ARE NOT INTENDED TO BE,
AND SHOULD NOT BE CONSTRUED AS, INVESTMENT ADVICE OR A RECOMMENDATION OR OPINION WITH RESPECT TO ANY PARTICULAR SECURITY.
IN ADDITION, THE WEBSITE, THE ALGORITHM AND THE CONTENT PROVIDED IN CONNECTION THEREWITH MAY CONTAIN,
BE BASED UPON OR OTHERWISE REFER TO ERRORS, INACCURACIES, COMPUTATIONAL ERRORS, PARTIAL OR INCOMPLETE INFORMATION, OUTDATED DATA, MISTAKES OR DEFICIENCIES.
SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO MAKE INVESTMENT DECISIONS. FOR FURTHER INFORMATION, PLEASE REFER TO THE DISCLAIMERS IN SECTION 7.
and any additional terms and conditions applicable to the services
offered from time to time by or through the Site, govern your use of the Site and any services provided or
made available through the Site.
manageone solutions GmbH (www.stockmarketonline.com) may change these and any other terms and conditions relating to your use of the Site in its sole discretion.
If you continue your use of the Site, you hereby accept any future changes that may occur.
1. Access or Use of any Services
a) As described in Section 4 (Intellectual Property) below and subject to the terms and conditions therein, you are granted a personal, limited, revocable,
non-exclusive, non-transferable and non-sublicensable right and license to access and use our Website and Services solely for personal, non-commercial purposes.
To access or use the Services, you must register at the following address https://www.stockmarketonline.com/ and activate the Services by following the instructions
provided on the opened web page.
You must provide the requested personal information and activate the Services by following the instructions provided in the activation email sent to the email account you provided.
You are free not to provide us with your correct and truthful email address, but if you do, you will not be able to continue to use or access the Services
for a specified period of time, as determined by us in our sole discretion. Your access to certain content or features may be restricted if you are not at
least 18 years of age or have not reached the minimum legal age in your jurisdiction to enter into a legally binding contract, or for other reasons.
(b) Whenever you submit information to us, you agree to provide true, accurate and complete information and, if given the opportunity, to update the
information promptly if there are any changes to the information you have provided.
(c) We may change or improve the functionality of your browser, any website or content you access, or other software. By downloading, installing or
using the Services, you agree to such changes and improvements.
(d) Customer agrees to keep its Access Data confidential and to protect the Access Data from access by unauthorized third parties. The customer is
solely responsible for the confidentiality and protection of his access data.
If the customer passes on his access data to a third party, he undertakes to transfer the obligation to comply with these General Terms and Conditions to the third party.
The customer shall be liable for all disadvantages incurred by manageone solutions GmbH (www.stockmarketonline.com) if the customer fails to comply with the aforementioned obligation.
However, this shall not apply in the event of misuse of the access data by third parties through no fault of the customer.
In the event that the customer loses his access data or there is a suspicion that unauthorized third parties have gained knowledge of the access data,
the customer is obligated to immediately inform manageone solutions GmbH (www.stockmarketonline.com) by e-mail to email@example.com in order to arrange for the customer account to be blocked.
2. Limitation, Suspension or Termination
(a) We may, in our sole discretion, temporarily or permanently modify, restrict, suspend or terminate your access to the Site or Services (including any Content (as defined below)) without prior notice.
We may do so due to changes in our business practices (e.g., elimination of Services, etc.), if you violate any provision of these Terms of Service, or for any other lawful reason.
You agree that we will not be liable to you or to any third party for any such action.
(b) Any restriction, suspension or termination that we impose will not alter your obligations to us under these Terms and Conditions.
The provisions of these Terms and Conditions which by their nature should survive any such action by us shall survive, including but not limited to the provisions relating to
indemnities, releases, disclaimers, limitations of liability and the other provisions below. Upon termination of these Terms or in any event determined by us in our sole discretion,
your license to use the Content will immediately terminate.
(c) If you violate these Terms, we reserve the right to warn you for the violation or to immediately terminate or suspend your access and/or use of the Service.
You agree that we need not notify you before terminating or suspending your access and/or use of the Service, but we may provide such notice in our sole discretion.
3. Acceptable Use
(a) Our Website and Services (including but not limited to the Software, Algorithm and Content) are provided solely for your information and personal, non-commercial use (up to 100 page views per day).
When using our Website or any Services, you must comply with these Terms and Conditions and all applicable laws.
(b) Except as expressly permitted by these Terms and Conditions, you may not:
(i) use our Site or Services in any unlawful or fraudulent manner or for any such purpose to collect personally identifiable information or impersonate any other user;
(ii) alter or use our copyright, trademark or other proprietary notices or interfere with the security-related functions of our Site or Services;
(iii) use our website or services in any way to manipulate or distort any content or undermine the integrity or accuracy of any content,
or take any action to interfere with, damage or disrupt any part of our website or services;
(iv) use our website or services to send, receive, upload/post or download any material that does not comply with our content standards;
(v) use our website or services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
(vi) use our Site or Services to transmit data or upload data to our Site or Services that contains viruses, Trojan horses, worms, time bombs,
keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to adversely affect the operation of computer software or hardware;
(vii) decompile, reverse engineer or disassemble any part of our website or services (including, without limitation, the Algorithm);
(viii) use any robot, spider, other automated device or manual process to monitor or copy our web pages or the content of our Website or Services,
or use network monitoring software to determine the architecture of or extract usage data from our Website or Services;
(ix) engage in any conduct that restricts or inhibits any other user from using our Website or Services;
(x) use our Site or Services for commercial purposes or in connection with commercial activities without obtaining our prior written consent; or
(xi) transform any content in any way. If you reproduce any portion of the Data, you must retain the layout and content as it appears on the Services.
Under no circumstances may Data be rearranged or combined with other Data for supplemental analysis in any context without prior written permission and full disclosure of the intentions of any further analysis.
(c) You agree to cooperate fully with us in any investigation of suspected or actual activities that violate these Terms and Conditions.
(d) You are granted a non-exclusive, non-transferable, non-sublicensable right to use the Software, limited to the term of the Agreement.
(i) You are not entitled to develop the Software in any way (backwards), to decompile, disassemble, modify or duplicate the Software or to make the Software publicly available or to use parts of the Software to create your own application.
(ii) You shall take reasonable precautions to prevent unauthorized access to the Software or Documentation by third parties.
(iii) Copyright notices and other program identifiers may not be removed or modified under any circumstances.
3.1 Prohibition of Multiple Use / Prohibition of Assignment / Further Obligations of the Customer
3.1.1 The Customer may use the Software on any available hardware. The use of the software on more than one hardware at the same time is prohibited,
in particular all actions that enable more than one user to work with the software at the same time.
If the Customer wishes to use the Software on more than one hardware configuration at the same time and/or have more than one user of the Software at the
same time, e.g. use by more than one employee at the same time, the Customer is obliged to purchase the corresponding number of licenses.
Also inadmissible is any non-public copying that enables simultaneous use of work results of the program execution, such as private viewing of the program execution by more than one user of the customer.
However, any non-public duplication that does not serve the purpose of obtaining a work result without additional remuneration,
such as training on the program or setting up the program by the system administrator, is permitted. In the event of a change of hardware, the Customer shall be obligated to delete the Software on the previously used hardware.
3.1.1 The Customer may not make the Software and other accompanying material available to third parties, either in return for payment or free of charge,
either for a limited or unlimited period, and in particular may not rent or lend them.
4. Intellectual Property
Our Site, Services and related content (and any derivative works or
enhancements of the same) including, but not limited to, all text,
illustrations, files, images, software, scripts, graphics, photos, sounds,
music, videos, information, content, materials, products, services, URLs,
technology, documentation and interactive features (collectively,
"Content") and all intellectual property rights to the same are owned
by us and/or by third parties, and nothing herein grants you any right in
connection with the Content, except for a limited, revocable, non-transferable
and non-sub licensable right and license to access and use such Content solely
for personal non-commercial purposes. Additionally, all trademarks, service
marks, trade names and trade dress that may appear on our Site or Services are
owned by us, our licensors, or both. Except for the limited license granted
under this Section 4, you shall not acquire any right, title or interest in our
Site or Services. Any rights not expressly granted in these Terms and
Conditions are expressly reserved.
5. Services Components
We reserve the right, in our sole discretion, to impose limits on the nature or your continued ability to access the Services and Data and to impose other limits at any time, with or without notice, including without limitation by imposing fees.
You acknowledge that a variety of our actions may result in your inability to access or use the Services at certain times and/or in the same manner,
for limited periods of time or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, the deletion or non-provision of the Services.
We may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable.
We may from time to time include as part of the Services computer software supplied by third parties and used with permission of the respective licensors and/or copyright holders on the terms and conditions provided by such parties.
We expressly disclaim any warranty or other representation to you with respect to such third party software.
We reserve the right at any time and in our sole discretion to modify or discontinue,
temporarily or permanently, the Site, the Services or any part thereof (including the Services, the Content and the Algorithm) with or without notice.
You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Services or the Site.
In connection with any change to the Services, we may from time to time use software updates and automatically download and install software updates to improve,
enhance, repair and/or develop the Services, and you agree that we will provide (and you will receive) them as part of your use of the Services.
THE SERVICES, INCLUDING THE WEBSITE, ALGORITHM, SOFTWARE AND ALL INFORMATION, MATERIALS AND CONTENT PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR A USER'S INVESTMENT OBJECTIVES, FINANCIAL CONDITION OR RESOURCES. FREE OF COMPUTER VIRUSES AND/OR FREE OF ERRORS.
IN ADDITION, THE WEBSITE, SOFTWARE, ALGORITHM AND CONTENT PROVIDED IN CONNECTION THEREWITH MAY CONTAIN, BE BASED UPON OR OTHERWISE RELATE TO ERRORS, INACCURACIES AND COMPUTATIONAL ERRORS,
PARTIAL OR INCOMPLETE INFORMATION, OUTDATED DATA, MISTAKES OR GLITCHES. IN NO EVENT WILL manageone solutions GmbH (www.stockmarketonline.com) BE RESPONSIBLE FOR THE PERFORMANCE OF THE SITE,
ALGORITHM, SOFTWARE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURES, INTERRUPTIONS, UNAVAILABILITIES, DELAYS, INCORRECTIONS OR OTHER NON-PERFORMANCE IN CONNECTION WITH THE SERVICES.
You acknowledge that the Services (including the Site and its content and the software, algorithm and its results) are based on, among other things,
(a) past performance results that are not necessarily indicative of future performance and (b) online sources that we believe to be reliable,
but we disclaim any warranty or liability in connection with such content and make no warranties as to its accuracy or completeness.
The Website or Services may contain other websites or direct you to other websites. We make no representations regarding any content contained on or accessed through the Site or Services,
and we are not responsible or liable for the accuracy, copyright compliance, legality, or decency of any material contained on or accessed through the Site or Services.
You acknowledge that (i) no Content posted in connection with the Services, including without limitation the Software and the Algorithm, constitutes a recommendation or opinion with respect to any particular investment,
security, portfolio of securities, transaction or investment strategy or its suitability for any particular person;
(ii) manageone solutions GmbH (www.stockmarketonline. com)
makes no representations or warranties of any kind, express or implied, with respect to the availability, operation or use of the Website or the information,
content, materials or services contained on or accessible through the Website, including, without limitation, warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and disclaims such warranties to the fullest extent permitted by law.
Neither the Site nor any information, content, materials, algorithms or services available through the Site constitute or shall be construed as a solicitation or offer to purchase any security,
investment advice, or a recommendation or promotion of any transaction, futures contract, security or other financial product, investment manager, or trading or investment strategy;
(iii) our services depend on public information that may be inaccurate, false, outdated, incomplete or; in which case our ranking would be different if the correct information were entered;
(vi) our Services may contain errors and interruptions and show different results; (vii) the results provided by the Services and/or on the Website may be incorrect, inaccurate, outdated,
incomplete or not fit for a particular purpose and do not take into account a user's investment objectives, financial situation or resources.
THE SERVICES ARE PROVIDED FOR YOUR INFORMATION ONLY AND NOT FOR ANY COMMERCIAL USE.
YOU SHOULD NOT RELY ON ANY INFORMATION OR CONTENT CONTAINED IN THE SERVICES FOR ANY INVESTMENT OR TRANSACTION IN SECURITIES,
AND WE RECOMMEND THAT YOU CONDUCT YOUR OWN RESEARCH AND DUE DILIGENCE AND SEEK THE ADVICE OF A QUALIFIED SECURITIES PROFESSIONAL LICENSED TO GIVE ADVICE IN CONNECTION WITH SECURITIES BEFORE MAKING ANY INVESTMENT.
WE ARE NOT A REGISTERED INVESTMENT ADVISER OR BROKER-DEALER AND WE DO NOT PROVIDE INVESTMENT ADVICE OR ADVICE OR RECOMMENDATION WITH RESPECT TO THE PURCHASE OR SALE OF ANY SECURITIES.
WE HAVE NOT OBTAINED A LICENSE FROM ANY REGULATORY AUTHORITY WITH RESPECT TO THESE MATTERS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADING DATA, PERFORMANCE INFORMATION, ANALYST OR BLOGGER OPINIONS,
POSTINGS OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED, ACCESSED OR DESCRIBED ON THE WEBSITE IS AT YOUR OWN RISK.
You are solely responsible for any actions or decisions you take based on the materials and information available through our website and services, and should conduct your own research and investigation as appropriate.
According to the current state of the art, there is no procedure that guarantees error-free execution of software. manageone solutions GmbH (www.stockmarketonline. com) therefore assumes no liability for continuous,
error-free operation and permanent usability of the software and algorithms during the term of the contract.
8. Limitation of Liability
(a) UNDER NO CIRCUMSTANCES MAY manageone solutions GmbH (www.stockmarketonline. com) OR ITS MANAGERS, DIRECTORS, EMPLOYEES, PARTIES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTORS, AFFILIATES,
SUBSIDIARIES OR ASSOCIATES OR ANY THIRD PARTY WORKING WITH THE COMPANY, SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS OR DATA (EVEN IF manageone solutions GmbH (www. stockmarketonline.com) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY RELATED TO THE SERVICES,
INCLUDING WITHOUT LIMITATION THE SOFTWARE, ALGORITHM AND CONTENT, IS TO DISCONTINUE USING OUR SITE AND SERVICES. THIS RESTRICTION ALSO APPLIES TO DAMAGES RESULTING FROM ANY SERVICES OR PRODUCTS,
INFORMATION, ADVICE, DISCLOSURES OR ADVERTISING OBTAINED BY YOU THROUGH OR IN CONNECTION WITH OUR WEBSITE OR SERVICES OR ANY LINKS PROVIDED THROUGH ANY OF THE FOREGOING. THESE RESTRICTIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) NOTWITHSTANDING ANY INFORMATION YOU MAY HAVE RECEIVED IN ANY WAY EXCEEDS OUR TOTAL LIABILITY OR THAT OF OUR MANAGERS, DIRECTORS, EMPLOYEES, PARTIES, PARTNERS, SUCCESSORS, AGENTS,
DISTRIBUTORS, ASSOCIATES, COMPANIES AND THEIR ASSOCIATES IN NO WAY EXCEEDS $50. YOU AGREE THAT THIS IS A FAIR LIMIT BASED ON THE NATURE AND COST OF PROVIDING OUR WEBSITE OR SERVICES
TO YOU AND TAKING INTO ACCOUNT YOUR ABILITY TO USE ALTERNATIVE RESOURCES THAT PROVIDE SIMILAR INFORMATION TO OUR WEBSITE OR SERVICES. IN ADDITION, YOU AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR WEBSITE, SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION AROSE. CAUSES OF ACTION BROUGHT OUTSIDE OF THIS TIME PERIOD ARE VOID.
You agree to indemnify and hold us and our officers, directors, employees, parents, partners, successors, agents, distributors, affiliates, subsidiaries and their related entities harmless
from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:
(i) your access to or use of our Site or Services;
(ii) any actual or alleged breach or violation of these Terms and Conditions (or Additional Terms (as defined below));
(iii) any actual or alleged breach of any representation, warranty or agreement you have made to us; and/or
(iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
10 License Fee / Changes to the License Fee / Terms of Payment
(i) The license fee is due and payable in advance for each (i) monthly, (ii) quarterly, (iii) annual or (iv) one-time license fee. Each payment shall be deemed to be made on
time when received by manageone solutions GmbH (www.stockmarketonline. com).
(ii) Unless otherwise agreed, the prices shown on the website on the day of the conclusion of the contract shall apply including the statutory value added tax.
(iii ) Discounts or rebates granted to the Customer shall only apply to the respective delivery and service of the Software and/or for a certain period of time and shall
not be granted for subsequent deliveries and services of the Software and/or for an indefinite period of time. The foregoing shall also apply in the event that manageone solutions GmbH (www.stockmarketonline. com)
does not object to any deductions made by the Customer in the course of subsequent deliveries and services of the Software and/or after the agreed specified period.
(iv) The customer is entitled to choose one of the payment methods offered on the website before completing the order process. Checks or bills of exchange are not accepted.
All payments are to be made in advance without any deductions.
Services of manageone solutions GmbH (www.stockmarketonline. com) separately agreed with the customer and provided within the scope of an order, which are not expressly
compensated by the agreed license fee, shall be invoiced separately. The cash expenses, out-of-pocket expenses, travel expenses, etc. incurred within the scope of the performance
of the contract or the order shall be reimbursed by the customer upon presentation of the corresponding invoices from manageone solutions GmbH (www.stockmarketonline. com).
11 Default of payment by the customer / exclusion of set-off
(i) If the customer is an entrepreneur and is in default of payment, manageone solutions GmbH (www.stockmarketonline. com) shall be entitled - at its own discretion - either (i) to demand interest in the amount of 8% p.a. above the respective base interest rate of the European Central Bank from the due date and to claim damages for the loss incurred due to the default of payment or (ii) to withdraw from the contract and to claim damages for non-performance.
(ii) In the event that the Customer is a consumer and is in default of payment, manageone solutions GmbH (www.stockmarketonline. com) shall be entitled - at its own discretion - to either (i) demand payment of interest at a rate of 8% p.a. from the due date or (ii) exercise its right to withdraw from the contract.
(iii) In addition, in the event of default in payment by the customer, the reminder and collection expenses reasonable for appropriate legal action shall be borne by the customer. If the customer is a consumer, this shall only apply if the customer has acted intentionally. The assertion of other claims or rights by manageone solutions GmbH (www.stockmarketonline. com) shall remain unaffected by this.
(iv) In the event of default of payment by the customer, manageone solutions GmbH (www.stockmarketonline. com) shall be entitled to make all services, whether provided in full or in part, immediately due and payable. Furthermore, manageone solutions GmbH (www.stockmarketonline. com) shall not be obliged to provide further services until the outstanding amount has been paid.
(v) The customer is not entitled to offset claims of manageone solutions GmbH (www.stockmarketonline. com) against counterclaims. However, this shall not apply to consumers in the event of insolvency of manageone solutions GmbH (www.stockmarketonline. com) and to counterclaims that are legally related to a claim of manageone solutions GmbH (www.stockmarketonline. com) or that have been determined by a court or recognized by manageone solutions GmbH (www.stockmarketonline. com). In these cases, consumers are entitled to set-off.
12. Governing Law; Jurisdiction
(a) These Terms and Conditions shall be construed in accordance with the laws of the State of Switzerland, without regard to its conflict of law provisions
and the United Nations Convention on Contracts for the International Sale of Goods.
(b) Any claim or dispute between you and us arising in whole or in part out of your use of the Services or the Site will be resolved exclusively by a court of competent jurisdiction in Switzerland,
and you hereby consent to and irrevocably waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the venue and jurisdiction of the courts in Switzerland.
(c) If a dispute arises between you and any person accessing our Site or Services, or between you and any third party in connection with our Site or Services, you understand and agree that we have no obligation to become involved.
In such cases, you hereby release manageone solutions GmbH (www.stockmarketonline.com) and its officers, directors, employees, parents, partners, successors, agents,
subsidiaries and their affiliates from all claims, demands and damages of any kind arising out of, related to or in any way connected with such disputes.
13. Copyright Infringement
(a) We may, in our sole discretion, remove or disable access to material on the Website or Services or on our systems that may infringe the rights of third parties (including, without limitation, the copyrights of others).
(b) You may report that copyrighted material has allegedly been infringed and provide notice to manageone solutions GmbH (www.stockmarketonline. com) of matters other than notification that
copyrighted material may have been infringed, and include in your notification information such as. : 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 Website, including a link to or screenshot of the web page that contains the infringing material
(if applicable); your address, telephone number, and email 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 signature of the person authorized to act on the copyright owner's behalf; 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; and any additional information reasonably requested by manageone solutions GmbH (www. stockmarketonline.com) requests.
(a) We are constantly updating our Site and Services to provide better options and features or for other reasons. In certain cases, it may be necessary to update or
modify these Terms of Service to reflect these and other changes (e.g., to reflect updates to our practices and policies). In some cases, we may also be required to
provide you with operating rules or additional terms that govern your use of portions of our Site or Services ("Additional Terms").
Accordingly, you agree that we may provide you with Additional Terms or update or modify these Terms of Service at any time as appropriate or necessary.
To the extent that Additional Terms conflict with these Terms and Conditions, the Additional Terms will prevail.
(b) Amendments to these Terms and Conditions or Additional Terms will be effective when: (a) by notice, either by posting on our website or by email notification;
and (b) by your subsequent use of our website or services. It is your responsibility to review these Terms and Conditions and the Website from time to time for changes or additional terms.
Your access and continued use of our Website or Services following any change to these Terms and Conditions or the provision of additional terms will mean that you agree to and accept them.
(a) The waiver by either party of any breach or default under these Terms and Conditions shall not be deemed a waiver of any preceding or subsequent breach or default.
The section headings used in these General Terms and Conditions are for convenience only and have no legal significance.
(b) Unless otherwise expressly stated, it is agreed that if any part of these Terms and Conditions is held to be unlawful or unenforceable for any reason,
that part of these Terms and Conditions shall be deleted and the remaining terms and conditions in these Terms and Conditions shall not be affected thereby and shall remain in effect.
(c) You may not assign these Terms and Conditions or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.
supersede any prior written or oral agreements between you and manageone solutions GmbH (www.stockmarketonline.com) in connection with the Site and Services.
The sections ("Acknowledgement"), ("Automatic Updates"), ("Notifications, Third Party Materials"), ("Collection of Anonymous Information"),
("Changing Your Internet Browser Settings"), ("Disclosure of Information"), ("Developer Privacy"), ("Abuse Reporting"), and ("Limitation of Liability and Warranty")
sections of the Extension End User License Agreement are hereby incorporated by reference into the Developer License Agreement,
and in the event of any conflict between the provisions of the Developer License Agreement and the above sections, the above sections of the Extension End User License Agreement shall prevail.
Note: manageone solutions GmbH (www.stockmarketonline.com) paid memberships are
recurring subscriptions that involve automatic renewals. Depending on the
membership, automatic renewals can occur on a monthly or yearly basis and will
involve another charge to the user.