Terms of Use

This Terms of Use is the User Agreement for the below-defined Service made available to you by Augur Labs, LLC. (“Augur Labs”). This is also where you will find posted updates to this User Agreement in the future.

YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE “SERVICE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“AGREEMENT”). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM AUGUR LABS, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

Augur Labs may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted in the Membership area or Help section of the Service. You will be responsible for regularly checking the Membership Area and for reviewing any changes to the Agreement. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.

Use of this Service

Subject to the terms of this Agreement, Augur Labs grants you a revocable, non-transferable, non-exclusive right to use the Service. Use of the Service is intended only for citizens or residents of the United States or its territories.

Subject to the terms of this Agreement, you may download or print hard copies of pages or reports from the Service or portions thereof. Any such downloads/hard copies must at a minimum contain the following notice:

Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Service, or any portion of it (including, but not limited to, any download or printed copies made from it) without Augur Labs’s prior written consent.

Augur Labs has the right, at any time without notice, to: (i) revoke or limit your license to use the Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Augur Labs has no obligation to update the Service or to correct any errors or omissions that might be contained in it.

Your subscription is personal to you, and you may not transfer or share your subscription with another person.

Ownership and Copyright

You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by Augur Labs and/or its third party content providers (“Content Providers”) and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain proprietary data and information of Augur Labs and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third-party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.

Trademarks

AUGUR LABS, augurlabs.com, the AUGUR LABS logo, and Infinity are registered marks of Augur Labs. You will not use or allow any third party to use any of Augur Labs’s marks, including but not limited to the foregoing, without Augur Labs’s prior express written consent. All marks not owned by Augur Labs are the property of their respective owners.

Disclaimer of Warranties

THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. AUGUR LABS AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

NEITHER AUGUR LABS NOR ANY OF ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER AUGUR LABS NOR ANY OF ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.

PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER AUGUR LABS NOR ANY OF ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER AUGUR LABS NOR ANY OF ITS CONTENT PROVIDERS WARRANT THAT THE SERVICE OR ANY PORTION OF IT COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases.

Limitation of Liability

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

EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF AUGUR LABS AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.

EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER AUGUR LABS 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 OR TORT OR OTHERWISE, EVEN IF AUGUR LABS OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Augur Labs, 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 Service; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Service (including, without limitation, in any portion of the Augur Labs Community (as defined below) that may be made available as part of the Service).

User Password

If you are required to select a password to access or use the Service, you may then modify that password 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 Augur Labs determines in its sole discretion that any password you select is inappropriate for any reason, Augur Labs may delete that password and/or limit or terminate your access to the Service.

Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Agreement).

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. YOU MUST PROMPTLY NOTIFY AUGUR LABS (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER “CUSTOMER SERVICE AND PRODUCT SUPPORT”) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.

Third-Party Web Sites, Links, and Information

The Service may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Service. Augur Labs does not control this information or these products, services, or Web sites. Augur Labs does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Augur Labs with respect to any third party, any third party’s Web site or its content, or any information, products, or services provided by a third party.

Stock Quotes

Where available within the Service, U.S. intraday exchange quotes are provided by IEX Exchange. All quotes are believed to be correct, but Augur Labs does not warrant or guarantee the accuracy, completeness or timeliness of any such information. Augur Labs advises you to always confirm the price of a particular investment with a broker or other party executing its sale, purchase or redemption, as appropriate.

Privacy and Information Made Available by You

Augur Labs shall have the right to use and disclose any information provided by you through the Service (including but not limited to information provided through e-mail) or made available through your use of the Service, for any lawful purpose, unless you indicate otherwise in the Membership area of the Service. In no event shall you be entitled to any compensation for the use of any of this information. Please see our Privacy Policy for further details.

Use of Augur Labs Community

To the extent the Service involves any access to any forum, blog, private message, email or other medium (e.g., a comments section within a video or associated with an article) by which discussions may be effected (individually and collectively, the “Augur Labs Community”), you understand and agree that Augur Labs makes no representations or warranties with respect to any such portion of the Augur Labs Community or with respect to any messages, information, or materials contained in it. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.

Augur Labs does not, and cannot, review all of the information and materials provided in the Augur Labs Community and has no responsibility or liability for any such information or materials or their use. If Augur Labs becomes aware of any information or materials that it determines violate the terms of this Agreement or the Augur Labs Community policies promulgated by Augur Labs from time to time or that Augur Labs otherwise deems inappropriate in its sole discretion, Augur Labs reserves the right to delete, move, or edit any such information or materials.

To the extent that you use the Augur Labs Community, you covenant that you will: (a) comply with the Augur Labs Community policies promulgated by Augur Labs from time to time; (b) be solely responsible for your use of the Augur Labs Community and any messages, information, and materials provided by you or through another user making use of your password; (c) not advertise or offer to sell goods or services of any kind in the Augur Labs Community; and (d) not upload, post, publish, or transmit any messages, information, or materials that (i) restrict or inhibit any other user from accessing, using or enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (iv) violate or infringe the rights of Augur Labs or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (v) constitute or contain false or misleading indications of origin or statements of fact, (vi) contain software or any other commercial materials or information, or (vii) contain any viruses or other harmful component.

By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Augur Labs Community, you hereby grant to Augur Labs and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of Illinois. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Service, or the use of, or reliance on this Service, whether based in contract or tort or otherwise. Each party expressly waives the right to trial by jury.

Waiver of Class Action

Except as otherwise specifically prohibited by applicable law, all disputes arising from or related to this Agreement, a party’s performance hereunder or any of its acts or omissions (or any of the acts or omissions of any of its agents) will be adjudicated on an individual basis and not in a class or representative action or as a member of a class, mass, consolidated or representative action, irrespective of the forum in which they are heard. Any claim asserted by a party hereunder shall not be joined for any purpose with the claim or claims of any other person or entity, unless both parties specifically agree to the joinder of individual actions.

Entire Agreement

This Agreement constitutes the entire agreement between you and Augur Labs regarding the subject matter hereof and supersedes any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.

Severability

To the maximum extent possible, each provision in this Agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.

Premium User Provisions

In addition to the above, the following provisions apply to you if you subscribe to the Premium portion of the Service (“Premium Service”):

Subscribing to the Premium Service

You may not use the Premium Service without a valid subscription from Augur Labs — at which point you will be deemed a “Premium Member”. To obtain a subscription, you must register for the Premium Service either by completing and submitting the online registration form and providing Augur Labs with all of the required enrollment information. Your subscription will not be valid unless and until Augur Labs accepts your completed registration. By registering for the Premium Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Augur Labs promptly of any changes to this registration information.

AUTOMATIC RENEWAL OF PREMIUM SERVICE

You may be offered a free trial subscription to the Premium Service and this free trial subscription will normally begin on the date on which Augur Labs accepts your completed registration. Unless cancelled by you or Augur Labs during this trial period, the initial term of your regular paid Premium 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 ever taken a free trial to the Premium Service, you will not be eligible to receive another free trial. Instead, the initial term of your Premium Service subscription will begin immediately upon Augur Labs accepting your registration and your credit card will be charged for the subscription fee associated with the term length you selected when you registered.

In those instances where you subscribe to the Premium Service using a special or introductory offer, unless you notify us that you wish to cancel your Premium Service subscription before the end of its initial term, your Premium Service subscription will automatically renew for the period of time specified in that offer and your credit card will be charged the subscription fee in effect at the time for that subscription term length.

Other than as described elsewhere in this section, unless you notify us that you wish to cancel your Premium Service subscription before the end of its then-current subscription term, your Premium Service subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal.

Changes to the Premium Service

AUGUR LABS RESERVES THE RIGHT TO CHANGE THE PREMIUM 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 PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY IS TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.

Charges and Billing Practices

Premium Service subscription Fees on credit-card transactions are authorized immediately, but not actually processed until any applicable limited time free trial period has expired. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Premium Service during that term. You can always find the current retail subscription rates by reviewing the Member Benefits on the Service.

Augur Labs reserves the right to change the fees it charges for products, services or features (collectively, “Products”) offered in connection with the Premium Service and/or the Service 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 these associated fees, you must cancel your subscription, as set forth below. For absence of doubt, if Augur Labs increases the base Premium Service subscription fee at some point during your then-current subscription term, that increased fee will only apply to you upon the next renewal, if any, of your Premium Service subscription.

Subscription fees and all others fees and charges associated with your Premium Service 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 Premium 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 Augur Labs, and if we do receive such information, it will be treated by Augur Labs as if it were originally furnished by you. To learn more about this pass-along service being provided by your credit card issuer, please contact it directly.

While you are a Premium Subscriber, you must promptly notify Augur Labs — if any information you provided to us related to your credit card — for instance, your billing address — changes or is no longer valid for any reason. Absent such notification, Augur Labs 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, Augur Labs 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 Augur Labs in collecting any unpaid subscription fees or other charges from you. To notify Augur Labs, please email us at [email protected].

Cancellation

If you purchased your Premium Service subscription through Augur Labs, you may cancel it by sending an email to [email protected].

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 Premium Service subscription at any time after your trial period expires, your subscription to the Premium Service will continue in effect until the next monthly anniversary of the effective date of your paid subscription. (For example, if your paid Premium Service subscription start date is on January 1 and you cancel it on June 15, your Premium Service subscription remains in effect until July 1, at which time it ends.) For those with yearly or multi-year subscriptions, any remaining prepaid charges will be refunded, prorated on a monthly basis, to your credit card after your Premium Service subscription ends.

Augur Labs may at any time immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Agreement; or (ii) your use of or access to the Premium Service or any other portion of the Service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing any portion of the Service, including, without limitation, the Premium Service. Upon such cancellation, you will have no further right to access or use any portion of the Service. None of the foregoing limits any other legal, equitable, or contractual rights available to Augur Labs.

Augur Labs 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.

If you purchased the Premium Service via the Apple In-App Purchase (IAP) mechanism, then, subject to applicable law, you may only cancel your Premium Service subscription through Apple. Please direct all questions regarding the status of your account to Apple and reference your Apple ID. Please refer to the app’s License Agreement in the Apple iTunes app store for more details.

Customer Service and Product Support

For technical and product support related to your Premium Service membership, please email us at [email protected].

This Agreement was last updated on Januaryt 2023.