Terms of Use – The Daily on Retail

THESE TERMS OF USE WERE LAST UPDATED ON JANUARY 1, 2024

PLEASE SCROLL DOWN AND READ THESE TERMS OF USE IN THEIR ENTIRETY BEFORE YOU USE THE SITE. These Terms of Use (the “Terms of Use”) govern your use of https://thedailyonretail.com, a website (the “Site”) owned and operated by Wall Street 313 LLC (“Wall Street 313”, “we” or “us”), including the “The Daily on Retail,” a daily proprietary newsletter created by Wall Street 313 (“The Daily on Retail”), and the other content, functionality and services offered on or through the Site (together, the “Content”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, you may not use or access (or continue to use or access) the Site or the Content.

Changes to Terms of Use. We may change these Terms of Use at any time and without prior notice to you. Revised Terms of Use will be posted on this page and shall indicate at the top of the page the date these Terms of Use were last revised. Your use of the Site or the Content after changes are made to these Terms of Use means that you agree to be bound by such changes. As our business evolves, these Terms of Use may change accordingly. You should check the Site frequently to see recent changes. However, if we make material changes to these Terms of Use we will notify you by means of a conspicuous notice on the Site or direct communication to you via email, if possible.
Registration. In order to receive access to the Content, you will have to purchase a subscription. When you create your account, you must provide accurate and complete information, and keep that information up to date. You are solely responsible for maintaining the confidentiality of any user name and password and for any and all activities that are conducted through your account. Further, you are responsible for any fees or charges incurred to your account by accessing the Site through an Internet access provider or other third party service. You may never use another subscriber’s account, or permit any unauthorized third parties to use your account, without permission from us. Additional users are subject to the prior approval of Wall Street 313 and appropriate adjustment of the Subscription Fee.
The Content. The Daily on Retail constitutes a financial newsletter of general and regular circulation which does not offer individualized investment advice attuned to any specific portfolio or any person’s particular needs. Wall Street 313 shall typically deliver The Daily on Retail on each day that the New York Stock Exchange is open for trading, and shall provide prior notice to you of any temporary suspension of delivery. The Daily on Retail shall be sent by electronic mail to the address specified by you. No mention of a particular security in The Daily on Retail constitutes a recommendation to buy, sell, or hold any security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Any reliance you place on such information is strictly at your own risk. BEFORE SELLING OR BUYING A SECURITY OR OTHER INVESTMENT PRODUCT, YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
License Grant. Subject to and conditioned on your payment of the Subscription Fee and compliance with all other terms and conditions of these Terms of Use, Wall Street 313 hereby grants you a non-exclusive, non-sublicenseable, and non-transferable license during the Term to access and use the Content solely for your internal business purposes. We reserve all rights not expressly granted herein in the Site and the Content. We may terminate this license at any time for any reason or no reason.
Subscription Period and Subscription Fee.
(a) Fees will be billed on an annual basis (the “Subscription Period”). The Subscription Fee will be billed in advance and is payable at the time of subscription.
(b) You agree to pay the Subscription Fee and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. We may change the fees and charges then in effect, or add new fees or charges, by providing you with advance written notice. Payment is due within thirty (30) days of the invoice date. The Subscription Fee is exclusive of taxes and similar assessments. You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Wall Street 313’s income.
(c) You may terminate your subscription upon at least thirty (30) days’ prior written notice to us. You will be refunded Subscription Fees pro-rata based on the number of days remaining in the Subscription Period after the effective date of termination.
Proprietary Rights.
(a) The Content was developed, compiled, prepared, revised, selected and arranged by Wall Street 313 through the application of methods and standards of judgment developed and applied through the expenditure of substantial valuable time, effort and money and constitutes valuable intellectual property and trade secrets of Wall Street 313, and is an original compilation protected by United States copyright laws. The copyright and all other rights to the Content shall remain the exclusive property of Wall Street 313. You acknowledge and agree that you have no ownership in or to the Site or the Content and that no such rights are granted to you by use of the Site or under these Terms of Use.
(b) You agree to notify us in writing promptly upon becoming aware of any claim that the Site or the Content infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights.
(c) You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, adapt, edit, create derivative works from, or otherwise provide access to the Content or any other materials created by Wall Street 313 to any person other than an Authorized User without our prior written consent. We do not intend to benefit any third-party recipient of the Content or create any legal duty from us to a third party even if we consent to the release of the Content to such third party.
(d) You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another website or service. Without limiting the generality of this section, you agree not to post any Content to newsgroups, mail lists or electronic bulletin boards, without our prior written consent.
(e) You agree not to use the Site for any unlawful purpose. We reserve the right to terminate or restrict your access to the Site at any time and without notice if, in our opinion, your use of the Site may violate any laws, infringe upon another person’s rights or violate these Terms of Use.
(f) You shall not use any of Wall Street 313’s trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you or that you are associated with or licensed by us to use such names or marks, and you acknowledge that you have no ownership rights in or to any of these names or marks.
(g) To request consent for uses of the Content and the Site not expressly permitted by these Terms of Use, please contact us at [email protected].
Disclaimers of Warranties, Limitations on Liability, and Indemnification.
(a) YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. WALL STREET 313 AND ITS SUBSIDIARIES, AFFILIATES, EQUITY HOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS (TOGETHER, THE “WALL STREET 313 PARTIES”) SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE WALL STREET 313 PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
(b) YOU ACKNOWLEDGE THAT THE WALL STREET 313 PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF THE WALL STREET 313 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
(c) INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Wall Street 313 Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use or your use of the Site and Content in violation of any contract between you and Wall Street 313 or in any way other than as expressly authorized in these Terms of Use; or (ii) your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on Wall Street 313: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The Wall Street 313 Parties shall be entitled to participate in such defense at their own cost and expense.
Email Communications. By providing Wall Street 313 with your email address you consent to Wall Street 313’s using the email address to send you notices, including any notice required by law, in lieu of written communication by postal mail. The Site may contain generally available means by which users can contact us. Please note that any personal or contact information that you may provide to us through such means will be governed by the privacy section of these Terms. Although we encourage visitors to contact us through our Site, please do not submit any information that you consider to be confidential or proprietary via such means. For the sake of avoiding any confusion or misunderstanding, please note that all information, ideas, suggestions, improvements or other communications you transmit to us via the Site shall be on a non-confidential basis and shall become the property of Wall Street 313. Wall Street 313 and those it authorizes shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.
Privacy. You do not have to provide personally-identifiable information to access or use the Site. However, to contact us, request a trial, or register to subscribe to the Content, you may choose to furnish us with personally-identifiable information through the Site. We will only collect such information through the Site when you provide it to us voluntarily. We may use this information you provide to us voluntarily to provide you the Content, for any other purpose for which you have provided such information, or as otherwise required by law. The Site may also use technologies including, cookies, pixel tags, web server logs, and other tools to collect non-personally identifiable information about how our Site is used, which may include date and time of visits, the pages viewed and time spent at our Site, and the other websites visited just before and just after our Site. We may use and analyze this technical information to improve the Site and our ability to provide you services and Content, and for other related business purposes. The Site does not respond to “do-not-track” signals.
Miscellaneous. These Terms of Use contain the final and entire agreement between you and Wall Street 313 regarding your use of the Site and the Content and supersede all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of the Site. We may discontinue or change the Site, or its availability to you, at any time. These Terms of Use are personal to you, which means that you may not assign your rights or obligations under these Terms of Use to anyone. No third party is a beneficiary of these Terms of Use. You agree that these Terms of Use, as well as any and all claims arising from these Terms of Use, the Site or the Content, will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any controversy, claim or dispute arising out of these Terms of Use, the Site or the Content will be resolved solely and exclusively by binding arbitration administered by American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be conducted before a single arbitrator, and the place of arbitration shall be Grosse Pointe, Michigan. The award of the arbitrator will be final and binding, and judgment upon the award rendered in the arbitration may be entered in any court having jurisdiction. This clause applies equally to requests for temporary, preliminary or permanent injunctive relief, except that, in the case of any party seeking temporary or preliminary injunctive relief, such party may proceed in court without prior arbitration for the limited purpose of avoiding immediate and irreparable harm. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The Site is controlled from our facilities in the United States. Wall Street 313 makes no representations that the Site is appropriate or available for use in other jurisdictions. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

This website is operated by Wall Street 313 LLC.

All notices, feedback, comments, requests for technical support, and any other communication relating to the Site should be directed to: [email protected].