Capital Market Laboratories Terms of Service
Effective date: November 9, 2026
IMPORTANT – PLEASE READ. THESE TERMS COVER TRADEMACHINE®, CML PRO™ AND PATTERN FINDER™ AND THE OTHER SERVICES DEFINED BELOW. SECTION 12 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT AS THAT SECTION PROVIDES, YOU AND CML AGREE TO RESOLVE DISPUTES IN ARBITRATION INSTEAD OF COURT. YOU MAY OPT OUT WITHIN 30 DAYS AFTER FIRST ACCEPTING THAT ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 12.10. SECTION 11 REQUIRES AN INFORMAL RESOLUTION PROCESS BEFORE ARBITRATION, WITH STATED EXCEPTIONS. SECTIONS 8 THROUGH 10 LIMIT WARRANTIES, LIABILITY AND AVAILABLE REMEDIES, PROVIDE CERTAIN RELEASES, AND REQUIRE INDEMNIFICATION FOR SPECIFIED THIRD-PARTY CLAIMS. THESE PROTECTIONS EXTEND TO THE CML PARTIES DEFINED IN SECTION 1.6, INCLUDING OUR OFFICERS, DIRECTORS, MANAGERS, MEMBERS AND SHAREHOLDERS. SECTION 9.6 ADDRESSES ENTITY-ONLY CONTRACTUAL RECOURSE. NONE OF THESE PROVISIONS TAKES AWAY THE NON-WAIVABLE RIGHTS DESCRIBED IN SECTIONS 9.4 AND 14.
CML PROVIDES RESEARCH, ANALYTICS AND EDUCATION, NOT PERSONALIZED INVESTMENT ADVICE OR TRADE EXECUTION. OPTIONS AND OTHER LEVERAGED TRADING INVOLVE SUBSTANTIAL RISK. YOU CAN LOSE ALL OR MORE THAN THE AMOUNT YOU INVEST. NO RESULT, PROFIT OR INVESTMENT PERFORMANCE IS GUARANTEED.
1. Agreement to These Terms
1.1 Binding contract and covered products. These Terms of Service (the “Terms”) are a contract between you and Capital Market Laboratories, LLC, a California limited liability company (“CML,” “we,” “us” or “our”). They govern TradeMachine® (trademachine.com), CML Pro™ (pro.cmlviz.com), Pattern Finder™ (patternfinder.cmlviz.com), and all related products and services CML provides under this agreement, including websites, applications, software, APIs, datasets, calculations, trade ideas, alerts, scanners, backtests, strategies, AI-generated outputs, webinars, live sessions, recordings, educational materials, community spaces, emails, text messages, support and beta features (collectively, the “Services”). References to a subscription or product mean the particular subscription or product you purchase; purchasing one product does not grant access to another unless the offer expressly says so.
1.2 How you accept. You accept these Terms by checking a box, clicking a button or taking another affirmative action presented with reasonably conspicuous notice that the action constitutes agreement and a readily accessible opportunity to review these Terms. Creating an account, starting a trial or purchasing a subscription constitutes acceptance when accompanied by that notice. Continued use following an update constitutes acceptance only as provided in Section 16 and where applicable law permits. Mere availability of these Terms on a website does not by itself establish acceptance. If you do not agree, do not take an acceptance action or use Services requiring agreement. Acceptance of these Terms is distinct from any separate consent required for automatic renewal, marketing messages, immediate performance or loss of withdrawal rights.
1.3 Organizational use. If CML authorizes use on behalf of a company or other entity and you accept for it, you represent that you have authority to bind it. In that case, “you” includes that entity, and the entity is responsible for its authorized users’ compliance. Each user must have an individually assigned account unless our written agreement expressly permits another arrangement. Organizational use does not authorize sharing, redistribution, client advice or management of other people’s money except as expressly permitted in writing under Sections 5 and 6.2. An individual accepting solely as an authorized representative does not thereby personally guarantee the entity’s debts.
1.4 Supplemental terms and priority. The plan, price, billing period, included features and other specific commercial terms presented at checkout or in an order form accepted by CML form part of this agreement. Market data terms presented to you (“Market Data Terms”) and community rules made available with the relevant feature also apply (together with the checkout and order terms, “Supplemental Terms”). Our Privacy Policy, made available in the Services, describes our handling of personal information; nothing in these Terms authorizes processing contrary to that policy or applicable law. Mandatory law and Section 14 control over conflicting provisions. Specific checkout or accepted order terms control concerning the purchased plan, price, term, included features and any express refund commitment. Required Market Data Terms control concerning the relevant provider’s data license and subscriber classification. Otherwise these Terms control unless a written agreement signed by an authorized CML representative expressly identifies the provision it replaces. Community rules and ordinary checkout disclosures do not modify Sections 9, 11, 12 or 13. Changes remain subject to Section 16 and any required consent.
1.5 Effective date and earlier agreements. These Terms apply to you no earlier than the effective date above and your valid acceptance, subject to any required notice period for existing subscribers. They replace prior terms governing the same Services prospectively when they become binding on you. They do not retroactively release accrued claims, shorten an already-running claim period, or impose arbitration on a Dispute that arose or a proceeding that was filed before your first acceptance of these Terms. The previously applicable agreement and law govern such matters. A valid prior arbitration opt-out remains effective unless you later expressly agree to arbitration. Sections 12.11 and 16.3 govern later changes.
1.6 Protected persons and entities. “CML Parties” means CML; its parent entities, subsidiaries and affiliates; and their respective past, present and future members, shareholders, other equity owners, directors, officers, managers, employees, agents, contractors, analysts, moderators, guest presenters, content contributors, licensors, data providers, successors and permitted assigns. It also includes the estates, heirs and personal representatives of those individuals solely to the extent a claim is asserted through or because of that individual’s covered conduct or status. Coverage under these Terms is limited to claims relating to the Services, this agreement or a person’s activities or status in connection with CML or the Services; it does not cover unrelated private activities. The CML Parties are express intended beneficiaries of the protections identified in Section 17.9, subject throughout to Section 9.4.
2. Eligibility and Accounts
2.1 Eligibility and restricted locations. You must be at least 18 years old, have reached the age of majority where you live, and have legal capacity to enter this agreement. You must not be prohibited from receiving the Services under applicable law or sanctions, including because of your location, residence, restricted-party status or the ownership or control of an entity you represent. You may not use the Services if you reside in Québec, Canada, or another jurisdiction we identify as restricted before accepting your order (a “Restricted Jurisdiction”). Do not misstate your location or use another person’s information, a proxy or a VPN to evade an eligibility restriction. Adding a restriction for an existing subscriber is subject to Sections 15 and 16.
2.2 Market data status. If you receive exchange or other licensed data, you must truthfully complete subscriber and professional-status questions, comply with the Market Data Terms, and promptly report a change in status. You are responsible for properly disclosed fees applicable to your actual status and any documented provider assessments lawfully attributable to your inaccurate classification or unauthorized use. We will identify the basis of any additional charge and obtain authorization where required. Nothing in this section authorizes undisclosed penalties or charges prohibited by law.
2.3 Accurate information and account security. Provide accurate, current registration, contact and billing information and keep it updated. Use a strong password, protect your credentials, use available security measures appropriate to your account, and notify support@cmlviz.com promptly if you suspect unauthorized access. Do not submit brokerage passwords, private keys or sensitive personal information that the Services do not request or need.
2.4 One person per account. Each account is for one named individual unless a written agreement expressly provides otherwise. Do not share credentials, allow unauthorized users to access your account, or access another person’s account. You are responsible for activity you authorize and for losses or misuse to the extent caused by your breach of these Terms, negligence or misconduct. You are not responsible solely because an unauthorized third party compromised your account without your authorization or fault. We may take reasonable protective steps, including temporary suspension, while investigating suspected compromise, subject to Section 15.
2.5 Unauthorized sharing charges. If you knowingly permit additional people to use your account, we may require separate subscriptions, suspend or terminate access, and seek payment for the additional access actually supplied. Any contractual access charge will be based on the ordinary price of the same plan available during the unauthorized use, prorated for reasonably established periods of access, without duplicating amounts already paid for that access. We will provide the basis and calculation and a reasonable opportunity to dispute it. This does not authorize charging a stored payment method without consent required by law, impose an automatic penalty, or permit double recovery for the same loss.
2.6 Verification. We may reasonably verify identity, eligibility, location, subscriber status and authorized use, and may refuse an order or restrict access for a lawful reason. Suspension, termination and any resulting refund are governed by Section 15. You must provide reasonably requested verification information through the secure method we specify; we do not require disclosure of passwords to third-party financial accounts.
3. Research Education and Trading Risks
3.1 Nature and scope of the Services. The Services provide general research, analytics and educational information for self-directed users. Trade ideas, alerts, scans, strategies and commentary are intended for subscribers generally and are not prepared in light of your personal financial situation, objectives, portfolio, experience, tax position or risk tolerance. A tool’s application of filters or parameters you select does not constitute our assessment that a transaction is suitable or in your best interest. We do not undertake to monitor your portfolio, identify every relevant risk, review your financial circumstances or provide a comprehensive financial plan.
3.2 No personalized advisory or brokerage engagement. CML is not registered as an investment adviser, broker-dealer or commodity trading advisor. We do not accept an engagement to provide personalized investment, legal, accounting or tax advice, execute trades, exercise investment discretion, hold customer money or securities, or act as your broker or agent. No employee, owner, moderator or guest is authorized through the Services to accept such an engagement or promise a trading result. Questions in webinars, support or community spaces should concern general information or product functionality, not individualized recommendations. If a response appears personalized, do not treat it as an authorized advisory engagement; seek an appropriately licensed independent professional and notify support@cmlviz.com. These descriptions do not waive any duty or remedy that applicable law imposes regardless of contractual labels, as explained in Section 9.4.
3.3 Independent decisions and risk. You decide whether, when and how to trade and are responsible for evaluating each decision, your financial capacity and your broker’s requirements. Research and alerts are not orders or instructions to execute a trade. Confirm information independently and read the current Characteristics and Risks of Standardized Options published by The Options Clearing Corporation before trading options. Options, leverage, margin, short selling and other strategies can cause rapid losses, margin calls, forced liquidation, early exercise or assignment, and losses exceeding the amount invested. Some strategies can involve theoretically unlimited losses. Consult an appropriately licensed professional about your circumstances. You should not risk funds you cannot afford to lose.
3.4 Models algorithms and AI. Scores, probabilities, rankings, win rates, edges, trade ideas and similar outputs may be generated by statistical models, algorithms or artificial intelligence using historical and third-party information. Outputs depend on assumptions and data quality, can change without notice as inputs change, and can be inaccurate, incomplete, inconsistent or misleading. AI can produce plausible but incorrect information. Historical frequencies and model probabilities are not individualized probabilities of profit or promises of future performance. You must exercise independent judgment and verify material information; the Services are not a substitute for broker confirmations, professional advice or your own risk controls.
3.5 Hypothetical performance. BACKTESTS, SIMULATIONS, MODEL PORTFOLIOS AND PAPER-TRADING RESULTS ARE HYPOTHETICAL, NOT ACTUAL CUSTOMER TRADING RESULTS, UNLESS A PARTICULAR RESULT IS EXPRESSLY AND ACCURATELY IDENTIFIED AS ACTUAL. Hypothetical results have inherent limitations. Backtests generally use hindsight; no actual capital was at risk in a simulation; and modeled fills may not reflect available liquidity, execution delays, bid-ask spreads, slippage, early assignment, borrowing costs, commissions, fees, taxes, market impact or the ability to sustain losses. Selection of strategies, parameters, periods or securities can introduce selection bias, overfitting or survivorship bias. A win rate does not measure the size of gains or losses and does not establish profitability. Results from separately tested trades may not represent a portfolio that could have been funded or traded simultaneously. Read the assumptions, methodology and disclosures accompanying the particular result. “Up to” figures are maximums, not a statement of typical performance. NO REPRESENTATION IS MADE THAT ANY ACCOUNT WILL ACHIEVE RESULTS SIMILAR TO THOSE SHOWN. PAST PERFORMANCE, ACTUAL OR HYPOTHETICAL, DOES NOT GUARANTEE FUTURE RESULTS.
3.6 Testimonials and examples. A testimonial or user-reported result describes that person’s reported experience under particular circumstances; it is not your result, a performance guarantee, or a substitute for substantiated information about generally expected performance. Outcomes depend on capital, position sizing, timing, execution, fees, market conditions and other factors. Read the disclosures accompanying the specific testimonial, including any material connection or compensation disclosure. These Terms do not establish that a testimonial is verified, representative, uncompensated or typical, do not replace disclosures required where an endorsement appears, and do not alter our responsibility for advertising claims under applicable law.
3.7 Data alerts and execution. Prices, quotes, Greeks, volatility, fundamentals, corporate-action information and other data may be delayed, estimated, adjusted, incomplete or incorrect. Treat a quote as delayed unless it is expressly labeled real-time; even real-time data can be subject to latency and errors. Alerts may be delayed, filtered, duplicated or not delivered by email, text, push notification or a third-party platform. No particular delivery time, trading priority, execution price or continuous monitoring is promised. Confirm prices, symbols, expirations, order terms and account status with your broker before acting. You are responsible for your devices, connectivity and notification settings. No service-level commitment applies unless expressly included in your accepted order.
3.8 Personnel trading and conflicts. CML’s owners, officers, employees, contractors and other contributors may hold or trade securities and derivatives discussed in the Services, have financial interests that differ from yours, and take positions inconsistent with published research. Those interests can create conflicts. Personnel who develop research necessarily may know its contents before publication. Our policy prohibits personnel from acting on a specific unpublished trade idea intended for subscribers before that idea is made available to subscribers. Making an idea available does not ensure simultaneous receipt or execution by every subscriber. Our policy also bars covered personnel from trading a company’s securities during the two trading days before they speak with that company’s executives or representatives. Subject to those policies and applicable law, personnel may buy, hold or sell without individual notice to you. This disclosure is not consent to unlawful trading, misuse of confidential information or misleading statements, and does not waive any legal duty.
3.9 No special relationship or monitoring undertaking. Except for duties imposed by non-waivable law, access to the Services does not itself create a fiduciary, advisory, agency, partnership or other special relationship with any CML Party. We do not undertake to update every historical publication, notify you when personnel change positions, or tell you when to close a trade. Dates and timestamps identify when information was prepared or published, not an assurance of continuing accuracy. Sections 3.1 through 3.9 define the intended service scope and do not determine regulatory status contrary to applicable law.
3.10 Changes and availability. We may update or replace features, data sources, models, strategies and content, and may suspend affected functions for maintenance, security, legal compliance, provider outages or other reasonable operational needs. Beta, preview and experimental features may be changed or withdrawn. We do not promise a particular feature indefinitely. If a change materially reduces the core paid functionality of your purchased product during a prepaid term, without a reasonably comparable replacement, we will give reasonable advance notice where practicable and allow you to cancel the affected subscription for a refund of its unused prepaid portion from the reduction date. Product discontinuation is governed by Section 15.3; material failures are governed by Section 4.7. Routine updates, changes in market conditions, revised research opinions and loss of a particular trading opportunity are not themselves material service failures. Subject to those express remedies and Section 9.4, Sections 8 and 9 govern liability for changes and interruptions.
4. Fees Automatic Renewal Cancellation and Refunds
4.1 Prices and orders. The price, currency, billing frequency, initial term and included features are those presented before purchase. Prices are in U.S. dollars unless the accepted order expressly states otherwise. Promotional prices apply only for the disclosed period; no lifetime or permanently fixed price is promised unless expressly stated in an accepted written offer. We may correct an obvious pricing error before accepting an order by declining it and refunding any payment, or by obtaining your agreement to the correct price. We will not retroactively increase an accepted charge without legally required consent.
4.2 Automatic renewal. IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, IT RENEWS AT THE END OF EACH DISCLOSED BILLING PERIOD FOR ANOTHER PERIOD OF THE SAME LENGTH, AND YOUR AUTHORIZED PAYMENT METHOD WILL BE CHARGED THE DISCLOSED RENEWAL FEE PLUS APPLICABLE TAX, UNLESS YOU CANCEL BEFORE THE NEXT RENEWAL CHARGE. RENEWAL PRICES MAY CHANGE ONLY AS PROVIDED IN SECTION 4.4. We will present material renewal terms before purchase, obtain the express affirmative consent required by law, and provide a retainable acknowledgment with cancellation instructions. We will provide legally required reminders, including applicable annual reminders and advance renewal notices. For California subscriptions with an initial term of one year or longer, the required advance renewal notice will be sent 15 to 45 days before renewal. Other legally required timing and disclosures also apply. These Terms alone are not a substitute for the required renewal consent.
4.3 Trials and introductory offers. A free or discounted trial converts to the paid plan, price and billing period disclosed before enrollment unless you cancel before conversion. We will identify the trial duration and conversion terms and provide legally required notices. For a California trial or introductory discount lasting more than 31 days, the applicable expiration notice will be sent 3 to 21 days before expiration, subject to any statutory rule allowing a combined notice. A short trial does not waive other applicable disclosure, consent or cancellation requirements. Trials are limited to one per person unless the offer states otherwise, and we may decline promotional eligibility for previous subscribers. Cancelling during a trial prevents conversion; whether trial access ends immediately or at the trial’s end will be stated in the offer or cancellation flow without creating an undisclosed charge.
4.4 Price changes. A subscription price increase takes effect only at a future renewal, after at least 30 days’ advance notice describing the new price, effective renewal and cancellation method. If applicable law requires notice within a particular window, we will also send notice within that window; for California fee changes subject to Business and Professions Code Section 17602, notice will be given no less than 7 and no more than 30 days before the change takes effect. We will obtain renewed consent where required. Your existing prepaid period is not repriced. Cancel before the affected renewal if you do not accept the new price.
4.5 Cancellation. You may cancel future renewals at any time using the applicable account page below or by emailing support@cmlviz.com. An effective cancellation stops future renewal charges when submitted; access ordinarily continues through the paid period already purchased. No advance-notice period is required beyond cancelling before the scheduled renewal charge. If you send an identifiable cancellation request before renewal and we process it later, we will honor the request date and refund a renewal charge that should have been stopped. We may request reasonable information needed to identify an account, but will not use verification or retention offers to obstruct cancellation. We will provide legally required cancellation methods, including online cancellation for online enrollment and cancellation through the required enrollment or customary communication medium. Cancelling one product does not cancel another unless you request it or they form one subscription bundle. Deleting an app, leaving a community or stopping use does not by itself cancel billing.
- TradeMachine®: https://www.trademachine.com/account?action=subscriptions
- CML Pro™: https://pro.cmlviz.com/account/?action=subscriptions
- Pattern Finder™: https://patternfinder.cmlviz.com/account/?action=subscriptions
- All products and account-access assistance: support@cmlviz.com
4.6 Refund policy. FEES ARE NON-REFUNDABLE FOR CHANGES OF MIND, NON-USE, UNUSED TIME, PARTIAL PERIODS, PAID TRIALS AND PLAN CHANGES, EXCEPT FOR THE REFUNDS EXPRESSLY PROVIDED IN THIS AGREEMENT, AN APPLICABLE ACCEPTED OFFER, OR MANDATORY LAW. Exceptions include pricing errors under Section 4.1, a renewal charged after timely cancellation under Section 4.5, material service changes under Section 3.10, failures under Section 4.7, applicable withdrawal and statutory remedies under Section 14, termination under Section 15.3, and material term changes under Section 16.2. A discretionary goodwill refund in one case does not change this policy for other cases. Refunds will be returned to the original payment method where practicable and within any legally required time. Duplicate recovery for the same fee or loss is not permitted.
4.7 Limited service remedy. “Documentation” means the material product-function descriptions and help materials CML publishes for the product you purchased at trademachine.com, pro.cmlviz.com, patternfinder.cmlviz.com, learn.trademachine.com, or a help center linked from that product, together with express functionality commitments in your accepted order. It excludes statements of predicted investment performance and third-party commentary. Notify support@cmlviz.com reasonably promptly if core paid functionality materially fails to conform to the applicable Documentation, describing the failure so we can investigate. We will have a reasonable opportunity, not exceeding 30 days after receipt of sufficient information, to correct the material failure or provide substantially equivalent functionality, unless law requires an earlier remedy. If we cannot do so, you may cancel the affected subscription and receive a refund of its unused prepaid portion plus fees reasonably attributable to the period of established material nonperformance beginning when you first reported it or an earlier date our records establish. A shorter remaining subscription term does not eliminate that accrued refund. We may instead end the affected subscription and provide that refund. TO THE EXTENT LAWFUL, THIS IS YOUR EXCLUSIVE CONTRACTUAL REMEDY FOR ORDINARY SERVICE DEFECTS, INTERRUPTIONS OR NONCONFORMITY. IT DOES NOT LIMIT SECTION 9.4, REQUIRED STATUTORY REMEDIES, OR A SEPARATE EXPRESS REMEDY IN THESE TERMS. We may request reasonable diagnostic cooperation; this procedure does not require disclosure of private brokerage credentials or postponement of a mandatory legal remedy.
4.8 Payment authorization and failures. You authorize the disclosed charges for your accepted purchase and, when you separately consent to renewal as required, recurring renewal charges. We and our processors may use updated payment credentials supplied through authorized account-updater services, subject to law and your cancellation rights. If payment fails, we may make reasonable retries, request another payment method, suspend access or cancel, without accelerating undisclosed future charges. Cancellation does not erase fees already lawfully incurred. We may recover unpaid amounts and reasonable collection costs only as permitted by law and without duplicating any recovery.
4.9 Taxes. You are responsible for sales, use, value-added, goods and services and similar taxes legally chargeable on your purchase, except taxes on our net income. Prices include taxes where law requires tax-inclusive presentation; otherwise applicable taxes will be disclosed before charge as required. Charges may change because of tax rates, treatment or your billing location, including on legacy or promotional plans. We will provide any notice and obtain any consent the law requires; calling a charge a tax does not avoid a legally required fee-change notice. Provide accurate location information and valid exemption documentation. We will handle required tax refunds and adjustments under applicable law.
4.10 Billing disputes and payment rights. Contact support@cmlviz.com promptly about a billing problem so we can investigate. You need not complete Section 11 before contacting your bank, card issuer or payment provider, and these Terms do not shorten their deadlines or restrict lawful chargebacks or statutory payment rights. We may provide transaction and usage records to resolve a dispute as permitted by law and our Privacy Policy. We may suspend affected access reasonably where payment has been reversed or credible fraud is suspected, but will not impose a penalty merely for a good-faith dispute. An authorized charge or prior use does not by itself eliminate a valid dispute about service or billing. Amounts finally determined to be properly due remain payable, subject to applicable law and defenses.
5. Acceptable Use
5.1 Restrictions. Except as expressly authorized in writing by CML or permitted by non-waivable law, you must not, and must not knowingly assist another person to: (a) access the Services through bots, scraping, automated queries or unpublished interfaces, except an API or export feature used within its published permissions and limits; (b) copy, resell, sublicense, publish, broadcast or redistribute protected Services or Subscriber Content, including trade ideas, alerts or picks in signal services, newsletters, social media or chat groups; (c) use the Services or their outputs to build, train or improve a competing service, reconstruct a dataset, or train an AI or machine-learning model; (d) reverse engineer, decompile, disassemble or attempt to derive source code, nonpublic algorithms, weights or methods; (e) bypass access controls, evade subscription limits, probe vulnerabilities without permission, introduce malicious code, or disrupt service; (f) manipulate markets, trade unlawfully on confidential information, spread materially false information about securities, or violate applicable securities or commodities law; (g) provide paid investment advice, signals or account management using the Services, or use them for other people’s portfolios, without our express written authorization and any legally required license; (h) impersonate another person, misrepresent affiliation or eligibility, or create fraudulent accounts; or (i) harass, threaten, unlawfully discriminate against, dox or abuse staff or users.
5.2 Enforcement and protected activity. We may investigate reasonably suspected misuse, preserve relevant records, restrict affected features, remove prohibited content and enforce Section 15. Good-faith criticism, honest reviews, lawful competition based on independently obtained information, legally protected research, and the activities protected by Section 6.7 are not prohibited. We do not promise to monitor every interaction or prevent all misconduct by others. Any action we take remains subject to applicable law and the express remedies in these Terms.
6. Intellectual Property Content and Feedback
6.1 Ownership. CML and its licensors retain their rights in the Services, including software, APIs, models, algorithms, calculations, protectable datasets, interfaces, designs, text, video, branding and other protected materials. TradeMachine® is a registered trademark, and CML Pro™ and Pattern Finder™ are trademarks, of Capital Market Laboratories, LLC. Except for the licenses expressly granted, no ownership or intellectual property right is transferred to you. We do not claim ownership of your preexisting materials or exclusive copyright in unprotectable facts merely because they appear in the Services.
6.2 Limited license. Subject to compliance with this agreement and payment of applicable fees, CML grants you a limited, non-exclusive, non-transferable and non-sublicensable license during your authorized access period to use the purchased Services for your own personal trading research. If an accepted written order expressly authorizes business use, that license also covers the specified internal business purpose and named users, within its limits. No external redistribution, client advisory use or management of third-party assets is licensed by implication. You may use built-in customization, sharing, export and API features within their stated permissions. Revocation or suspension of this license is subject to Section 15 and applicable refund rights. Reasonable records needed for your own tax, compliance, transaction history or legal rights may be retained after access ends, subject to confidentiality and restrictions on further commercial use.
6.3 Subscriber Content and confidentiality. Nonpublic trade ideas, alerts, featured “Top Picks,” associated coverage dates and initiation prices, proprietary scans, nonpublic strategy parameters and other content restricted to paying subscribers are “Subscriber Content.” Protect that information with reasonable care and do not disclose or redistribute it except through expressly authorized sharing features or with our written consent. Confidentiality does not cover information you can establish was lawfully public without your breach, already lawfully known to you without a restriction, independently developed without using protected information, or lawfully obtained from a third party free to disclose it. You may make necessary confidential disclosures to your lawyer, tax adviser or other professional adviser bound to protect the information, or disclosures required by law or protected under Section 6.7. These exceptions do not authorize republishing a subscription feed or commercial substitute. Unauthorized disclosure may cause irreparable harm; we may seek lawful injunctive relief and other available remedies, subject to proof and any bond the forum requires. These Terms do not predetermine a court’s findings or remedies.
6.4 Your Content and permissions. You retain ownership of content you submit (“Your Content”). You represent that you have the rights needed for the authorized use and that your submission does not unlawfully infringe others’ rights. For content you intentionally post in a community or other area designated for sharing with users, you grant CML a worldwide, non-exclusive, royalty-free license to host, reproduce, format, display and distribute it to provide, maintain, secure and improve those Services. That license continues while the content remains available and thereafter only as reasonably necessary for backups, legal compliance, dispute records and copies already lawfully shared through the Services. We may remove content under these Terms. Private support messages, account information and private uploads may be used only to provide and support the Services and for other purposes permitted by our Privacy Policy and applicable law; they are not licensed for public advertising by this clause. Advertising use of a person’s testimonial, name, image or private submission requires an appropriate separate permission. Nothing here transfers ownership of an honest consumer review or waives privacy or deletion rights provided by law.
6.5 Feedback. If you voluntarily submit product suggestions or technical feedback, excluding personal information, private trading records and protected consumer reviews, you grant CML a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable license to use that feedback to develop, improve and commercialize products without compensation or attribution. Do not send confidential third-party material as feedback. This clause does not grant rights in unrelated preexisting intellectual property or change Section 6.4’s treatment of private submissions.
6.6 Copyright complaints. Send notices meeting 17 U.S.C. Section 512(c)(3) to our designated copyright agent: Larry Zerner, Law Office of Larry Zerner, 1801 Century Park East, Suite 2400, Los Angeles, CA 90067; telephone (310) 773-3623; email Larry@Zernerlaw.com. A notice should identify the copyrighted work and allegedly infringing material and its location, provide contact information, include the required good-faith and accuracy statements, and bear a physical or electronic signature. If material is removed, a qualifying counter-notice may be submitted under 17 U.S.C. Section 512(g); the statutory process governs restoration and disclosure to the complainant. We maintain a policy to terminate repeat infringers in appropriate circumstances. Knowingly materially misrepresenting infringement or removal can create liability under applicable law.
6.7 Reviews legal rights and protected disclosures. Nothing in these Terms prohibits an honest review, lawful discussion of your experience, a good-faith complaint, contact or cooperation with a government agency, regulator or law-enforcement authority, legally protected whistleblowing, or disclosures required by legal process. No prior notice to or permission from CML is required for protected reporting. You may provide relevant material to your legal advisers or a competent tribunal as law permits. The confidentiality and intellectual property provisions do not restrict these rights, although they continue to protect against unlawful disclosure unrelated to protected activity. Under 18 U.S.C. Section 1833(b), an individual may have immunity from trade-secret liability for a disclosure made in confidence to a government official or attorney solely to report or investigate a suspected legal violation, or in a complaint or other document filed under seal; applicable statutory conditions govern that immunity. Nothing here restricts an award or remedy for protected reporting.
7. Third Party Services
7.1 Independent providers. The Services may rely on or link to exchanges, data vendors, brokerages, payment processors, cloud providers, carriers, email providers and community platforms such as Discord or Slack (“Third-Party Services”). Their separate terms govern your direct relationship with them. We do not control their independent operations or guarantee their availability, security, execution, accuracy or conduct. A link or integration does not by itself imply endorsement, agency or affiliation. You remain responsible for orders you authorize with a broker. Sections 8 and 9 apply to losses involving Third-Party Services, subject to our express obligations and Section 9.4; this section does not disclaim responsibility that law imposes on CML for its own conduct or its service providers.
7.2 Data-provider rights. Applicable Market Data Terms may impose additional usage, classification, audit and payment requirements. A provider may enforce terms expressly granted for its benefit. No right to redistribute raw or derived data is granted beyond the applicable license. If a provider withdraws a license or imposes a legal restriction, we may change the affected feature under Section 3.10, subject to the remedies provided there and in Section 15.3.
8. Warranty Disclaimers
8.1 Services provided as available. EXCEPT FOR EXPRESS COMMITMENTS IN THIS AGREEMENT AND RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES AND ALL DATA, RESEARCH, TRADE IDEAS, ALERTS, BACKTESTS AND OUTPUTS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT LAWFUL, THE CML PARTIES DISCLAIM IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The qualifications in Sections 8.4, 9.4 and 14 apply to every disclaimer in this section.
8.2 No outcome or uninterrupted-service warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, NO CML PARTY WARRANTS THAT THE SERVICES WILL MEET EVERY REQUIREMENT OR EXPECTATION, THAT A TRADE IDEA OR MODEL WILL BE PROFITABLE OR ERROR-FREE, THAT YOU WILL ACHIEVE A PARTICULAR RETURN OR WIN RATE, OR THAT ACCESS OR ALERTS WILL BE UNINTERRUPTED, SECURE OR TIMELY IN EVERY INSTANCE. NO INVESTMENT OUTCOME, EXECUTION OPPORTUNITY OR PREVENTION OF LOSS IS GUARANTEED. Section 4.7 governs the limited contractual remedy for material nonconformity of core paid functionality.
8.3 Product descriptions and statements. Statements about potential trading opportunities, estimates, projections, opinions and hypothetical results are not guarantees of outcomes. An employee, presenter or other contributor cannot orally add an investment-performance guarantee or expand CML’s authorized service scope. However, factual descriptions of product functionality, express commitments included in your accepted offer, and representations that applicable law makes binding are not converted into opinions or disclaimed merely because they appear outside these Terms. Specific claims such as use of AI, ownership of technology or receipt of an award must be accurate and supported; this agreement does not excuse misleading advertising. Sections 1.4 and 4.7 identify the applicable contractual commitments.
8.4 Preserved warranties and legal remedies. Nothing in this section requires you to deny actual reliance on a statement, waives a claim for fraud or misrepresentation that cannot lawfully be waived, or limits a mandatory statutory warranty, guarantee or remedy. Where a warranty may lawfully be limited but not excluded, it is limited only to the extent and duration the law permits. Where a disclaimer is prohibited, the disclaimer does not apply; it does not remove other lawful provisions of this agreement.
9. Limitations of Liability and Entity Recourse
9.1 Excluded losses. SUBJECT TO SECTION 9.4, TO THE MAXIMUM EXTENT LAWFUL, NO CML PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITIES OR DATA; BUSINESS INTERRUPTION; MISSED TRADES; OR TRADING OR INVESTMENT LOSSES. THE EXCLUSION OF TRADING OR INVESTMENT LOSSES APPLIES WHETHER SUCH LOSSES ARE CHARACTERIZED AS DIRECT OR INDIRECT. THESE LIMITS APPLY TO CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANOTHER THEORY, EVEN IF THE POSSIBILITY OF SUCH LOSS WAS DISCLOSED.
9.2 Trading decisions and information risks. SUBJECT TO SECTION 9.4, THE CML PARTIES ARE NOT LIABLE FOR LOSSES RESULTING FROM YOUR DECISION TO ENTER, HOLD, MODIFY OR CLOSE A POSITION OR NOT TO TRADE, OR FROM ORDINARY ERRORS, OMISSIONS, LATENCY OR INTERRUPTION IN DATA, ANALYSIS, ALERTS OR COMMUNICATIONS. THIS INCLUDES CLAIMS BASED ON ORDINARY NEGLIGENCE IN PREPARING OR DELIVERING RESEARCH OR OPERATING THE SERVICES, TO THE EXTENT SUCH LIABILITY MAY LAWFULLY BE LIMITED. The express fee remedies in Sections 3.10, 4, 15.3 and 16.2 remain available and are not eliminated by this section.
9.3 Aggregate liability cap. SUBJECT TO SECTION 9.4, THE TOTAL AGGREGATE LIABILITY OF ALL CML PARTIES COMBINED FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU ACTUALLY PAID CML FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM; OR (B) US$100. This is one combined cap, not a separate cap for each product, claim, defendant, legal theory or occurrence. Related events form one claim series for this calculation. The cap does not reduce a refund expressly owed under this agreement; payments compensating the same loss are credited to avoid duplicate recovery. Non-waivable fee-shifting, statutory remedies and other matters identified in Section 9.4 are not reduced by this cap.
9.4 Rights and liability that are not limited. NOTHING IN THESE TERMS, INCLUDING ANY DISCLAIMER, RELEASE, LIABILITY CAP, NONRECOURSE PROVISION, INDEMNITY, TIME LIMIT OR DISPUTE PROCEDURE, EXCLUDES OR RESTRICTS A RIGHT, DUTY, LIABILITY OR REMEDY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED OR RESTRICTED. In particular, these Terms do not limit liability for fraud or fraudulent misrepresentation, willful injury or willful misconduct, gross negligence, death or personal injury caused by negligence, or a violation of law for which California Civil Code Section 1668 or other applicable law prohibits limitation. They do not waive compliance with federal or state securities or commodities laws, any non-waivable fiduciary duty, a non-waivable consumer protection or privacy right, or a non-waivable right to damages, restitution, statutory penalties, attorneys’ fees or public injunctive relief. They do not restrict government enforcement, protected reporting, or a claim against an individual that the law does not allow you to waive. Sections 11 through 13 may govern the forum and procedure for an otherwise arbitrable claim without eliminating its non-waivable substantive rights. You need not obtain a prior final judgment establishing an exception before asserting a claim to which it applies. This section controls any conflicting provision of these Terms or Supplemental Terms.
9.5 Allocation of risk. The lawful limits in Sections 8 through 10 allocate risks associated with a research subscription whose fees do not reflect the size of any trading account, position or potential investment loss. They are separate and independent provisions and apply to the extent lawful even if another limited remedy fails of its essential purpose. Nothing in this section expands a limitation beyond Section 9.4 or permits duplicate recovery.
9.6 CML is the contracting entity and no personal guarantee is given. YOUR CONTRACTUAL COUNTERPARTY IS CAPITAL MARKET LABORATORIES, LLC. TO THE MAXIMUM EXTENT LAWFUL, RECOURSE FOR CML’S CONTRACTUAL PAYMENT AND PERFORMANCE OBLIGATIONS IS SOLELY AGAINST CML AND ITS ASSETS. NO MEMBER, SHAREHOLDER, OTHER EQUITY OWNER, DIRECTOR, OFFICER, MANAGER, EMPLOYEE OR OTHER CML PARTY PERSONALLY GUARANTEES THOSE OBLIGATIONS MERELY BY OWNING AN INTEREST, HOLDING OFFICE, PROVIDING SERVICES, COMMUNICATING WITH YOU OR ACTING FOR CML. You agree not to seek to impose CML’s contractual debts on another CML Party solely because of that person’s ownership, office, affiliation or representative role. A separate personal guarantee must be expressly undertaken by that person in a signed writing. This section does not bar liability for an individual’s own independently actionable conduct, a valid separate guarantee, or alter-ego, statutory or other liability that applicable law does not permit to be excluded. Other lawful defenses, releases and limits in this agreement continue to apply to any otherwise permitted claim against a CML Party.
10. Assumption of Risk Releases and Indemnification
10.1 Assumption of investment risk. You voluntarily assume the market, leverage, liquidity, execution and other ordinary risks inherent in investment decisions you independently make. You understand that losses can occur despite careful research and that models and historical results may not predict future performance. This assumption of risk does not extend to a liability or remedy preserved by Section 9.4.
10.2 Limited release for trading results. Subject to Section 9.4 and to the extent lawful, you release the CML Parties from claims for trading or investment losses resulting from your decisions made after this agreement becomes binding on you, including claims based on ordinary negligence in research or delivery of information where that negligence may lawfully be released. This release does not cover fraud, misrepresentation that cannot lawfully be released, gross negligence, willful misconduct, a non-waivable statutory claim, or an express fee-refund obligation. It does not release claims that accrued before your acceptance or require a false acknowledgment that you did not rely on advertising. The lawful limitations in Section 9 apply independently of this release.
10.3 Independent third-party conduct and unknown claims. Subject to Section 9.4 and to the extent lawful, you release the CML Parties from claims based solely on the independent acts of another user, broker or other third party after this agreement becomes binding on you, where no CML Party is independently legally responsible for those acts. This release does not eliminate responsibility imposed by law for CML’s own conduct or non-delegable duties. The limited releases in Sections 10.2 and 10.3 cover otherwise releasable claims within their scope whether known or unknown when those claims later arise. Solely for those limited releases and to the extent it applies and may lawfully be waived, you waive California Civil Code Section 1542 and equivalent protections, which Section 1542 states as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This provision does not expand the releases to preexisting claims, fraud or other matters preserved by Section 9.4.
10.4 Indemnity for specified third-party claims. To the extent lawful, you will defend, indemnify and hold harmless the CML Parties against claims brought by third parties and resulting reasonable losses, damages, liabilities, settlements, costs and attorneys’ fees to the extent caused by: (a) your material breach of these Terms or applicable Supplemental Terms; (b) your unlawful conduct, negligence or willful misconduct in connection with the Services; (c) Your Content’s infringement or violation of another person’s rights; (d) your knowing unauthorized sharing of accounts or redistribution of protected content; or (e) your unauthorized provision of advice, signals or management of other people’s money using the Services. A governmental claim is covered only to the extent the law permits shifting the particular liability and it is caused by the specified conduct; fines, penalties or regulatory responsibilities that cannot lawfully be shifted are excluded. Ordinary authorized use or an unsuccessful trade, without a listed wrongful act, does not itself trigger indemnity. No indemnity is owed to the extent a claim is caused by a CML Party’s breach of this agreement, negligence, fraud, gross negligence, willful misconduct or violation of law, or otherwise falls within Section 9.4. Relative responsibility will be allocated rather than shifted to you for another party’s share.
10.5 Defense procedure. We will promptly notify you of a claim for which indemnity is sought and provide reasonable information and cooperation; delay reduces your obligation only to the extent it materially prejudices your defense. Subject to a material conflict of interest, you may assume the defense with qualified counsel reasonably acceptable to the affected CML Party. The CML Party may participate through its own counsel at its own expense, except reasonable separate counsel costs are covered where a material conflict requires separate representation or you fail to provide an adequate defense after reasonable notice. You may not settle a claim in a way that admits fault by, imposes nonmonetary obligations on, or fails to fully release a CML Party without its written consent, not unreasonably withheld. A CML Party may not bind you to a settlement or admission at your expense without your written consent, not unreasonably withheld. Only reasonable, necessary and properly allocated defense costs are recoverable, and no duplicate recovery is permitted.
10.6 No indemnity for your own good-faith claim. Section 10.4 applies only to third-party claims. It does not require you to pay CML’s defense costs merely because you bring a good-faith claim against a CML Party, seek a refund, dispute a charge, post an honest review or report possible wrongdoing. Fee recovery in disputes between the parties is governed by applicable law and Section 12.6, not by this indemnity.
11. Informal Dispute Resolution
11.1 Notice before arbitration. Before starting arbitration, the party asserting a Dispute defined in Section 12.1 must send an individual written Notice of Dispute, subject to the exceptions below. Send notices to CML at billing@cmlviz.com or the postal address in Section 19. CML will send notice to your account email or another current address reasonably known to it. A notice should identify the claimant, account email if applicable, a mailing or reply address, the relevant facts, the relief requested, and the amount and basis of any monetary demand to the extent reasonably known. It must be signed by the claimant or an authorized representative; an electronic signature is sufficient. A representative must identify the represented claimant and have authority to act. One notice may identify multiple CML Parties involved in the same individual’s Dispute; separate copies for each covered person are unnecessary.
11.2 Resolution period. For 60 days after a notice reasonably identifying the claimant, dispute and requested relief is received (the “Resolution Period”), the parties will try in good faith to resolve it. The receiving party will acknowledge the notice and may request reasonably necessary missing information. It must identify a material deficiency within 15 days of receipt and give at least 15 days to cure. A timely good-faith cure relates back to the original notice for tolling purposes. Minor technical defects do not prevent the Resolution Period from starting, and silence or failure to cooperate does not extend it. A party may offer a refund, credit, correction or settlement, but an unaccepted offer does not extinguish a claim or require a release.
11.3 Individual conference. Either party may request a reasonable telephone or video settlement conference during the Resolution Period. You and a CML representative with settlement authority will participate, with counsel if desired, subject to reasonable scheduling and accessibility accommodations. Participation by an authorized representative is permitted where personal attendance is impracticable. The conference will occur within the Resolution Period unless the parties agree otherwise. A party’s refusal or inability to schedule it does not indefinitely prevent the other from proceeding.
11.4 Coordinated disputes. Each claimant must provide enough information to identify their own claim; a representative may transmit individually identified notices together. Similar claims do not by themselves extend the Resolution Period. The parties may agree to coordinated conferences or mediation without combining individual claims or waiving Section 12.7.
11.5 Extensions and tolling. The parties may extend the Resolution Period in writing, including by email. All applicable limitation and filing periods for the identified Dispute are tolled from receipt of a sufficient notice, or a notice timely cured under Section 11.2, through the end of the Resolution Period and any agreed extension. Section 13.3 provides an additional filing safeguard. This contractual tolling binds the parties only to the extent lawful and does not purport to extend an agency’s independent statutory deadline.
11.6 Exceptions. This process is optional for a qualifying small-claims action. It does not delay a request for urgent temporary relief permitted by Section 12.2, a protected report to an authority, a payment-provider dispute, or a proceeding that cannot lawfully be conditioned on this process. A party may make a protective filing necessary to preserve a claim or meet a non-extendable deadline and request an appropriate stay while the process is completed. A separate statutory notice requirement remains applicable, but the same notice may satisfy both requirements if it contains the required information.
11.7 Administration and compliance. Completing the applicable informal process is a contractual prerequisite to a merits arbitration, not a restriction on an administrator’s mandatory filing, fee or due-process rules. Unless mandatory law requires a court to decide, the arbitrator, or a process arbitrator authorized by the applicable rules, decides a dispute about compliance and may pause proceedings for a reasonable opportunity to complete the process. No claim is forfeited solely for a curable technical notice defect. Neither party may use this section to prevent assessment or timely payment of fees required by law or the administrator.
11.8 Settlement communications. Offers and statements made in this process receive the protection given to settlement communications by applicable law, including Federal Rule of Evidence 408 and California Evidence Code Sections 1152 and 1154 where applicable. This does not make otherwise discoverable facts privileged, bar evidence for a legally permitted purpose, or restrict protected reporting.
12. Binding Individual Arbitration and Class Action Waiver
12.1 Mutual agreement and scope. SUBJECT TO YOUR OPT-OUT RIGHT AND THE EXCEPTIONS BELOW, YOU AND CML AGREE TO RESOLVE BY FINAL AND BINDING INDIVIDUAL ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND CML OR ANOTHER CML PARTY ARISING FROM OR RELATING TO THE SERVICES, THIS AGREEMENT, ADVERTISING, COMMUNICATIONS, A PURCHASE, SUBSCRIPTION, CHARGE OR THE ASSOCIATED RELATIONSHIP (a “Dispute”). This includes claims in contract, tort, statute, fraud or misrepresentation, subject to Section 9.4 and applicable arbitrability rules. This agreement covers claims by either side, including a covered claim involving an officer, manager, member, shareholder or other CML Party rather than CML alone. A CML Party invoking this section is bound by its applicable obligations and limitations for that Dispute; CML is responsible for business-side arbitration fees as provided in Section 12.6. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN AWARD IS LIMITED. Section 1.5 excludes preexisting Disputes and proceedings.
12.2 Exceptions and temporary relief. Either party may bring a qualifying individual claim in small claims court and elect that forum as permitted by the administrator’s rules. A claim must remain within that court’s jurisdiction to remain there. Either party may seek temporary or preliminary court relief necessary to preserve the status quo or prevent imminent irreparable harm pending arbitration, including actual or threatened misuse of intellectual property, without waiving arbitration of the merits; ordinary legal standards and bond requirements apply. A court also hears claims that applicable law does not permit to be arbitrated, subject to the FAA, and requests for public injunctive relief under Section 12.7. Nothing prohibits a report to or proceeding by a government agency, or the exercise of any statutory election that cannot lawfully be waived.
12.3 Applicable arbitration law and fee deadlines. The Services involve interstate commerce. The Federal Arbitration Act, 9 U.S.C. Sections 1 et seq. (“FAA”), governs interpretation and enforcement of this arbitration agreement, including its severability. Applicable non-preempted mandatory law also governs. Selecting the FAA does not excuse compliance with mandatory payment deadlines or other non-waivable requirements. Each party will pay fees assigned to it by the earliest applicable deadline under law, the administrator’s rules or its invoice. An extension is effective only if permitted by law and the administrator and any required party consent is obtained. Nothing grants an automatic grace period or waives remedies for nonpayment.
12.4 Administrator and rules. The American Arbitration Association (“AAA”) will administer under its Consumer Arbitration Rules and applicable fee schedule where the relationship qualifies as a consumer relationship under those rules. Otherwise its Commercial Arbitration Rules and applicable schedule apply. The administrator determines the applicable rules under its standards; a label in this agreement or a professional market-data classification does not alone determine consumer status. The applicable rules in effect when a demand is filed are available at https://www.adr.org. Applicable mass-arbitration procedures are addressed in Section 12.8. If AAA is genuinely unavailable, the parties will use JAMS under its applicable rules and consumer minimum standards, available at https://www.jamsadr.com, unless the parties agree on another suitable administrator. If neither is available, a court may appoint an arbitrator under 9 U.S.C. Section 5 with equivalent applicable consumer protections. If an administrator declines because CML failed to comply with its standards or pay required fees, that failure cannot be cured merely by forcing a change of provider; applicable court-access and other remedies remain available. Mandatory consumer due-process standards control over conflicting procedural terms, and CML will comply with required clause-review and fee obligations.
12.5 Arbitrator hearing and relief. A single neutral arbitrator will hear each individual Dispute, selected under the applicable rules. Unless the parties agree otherwise or the administrator determines it would impair fair access, the arbitrator should be a retired judge or attorney with at least 10 years of relevant experience. A documents-only procedure may be used as the rules permit, but either party retains any hearing right provided by law or the rules. Hearings may occur by video or telephone by agreement or as the rules permit. An in-person consumer hearing will be in a reasonably convenient location, ordinarily the county of the consumer’s residence in the United States, or another location required by applicable consumer standards or mandatory law. No foreign consumer is required by this clause to travel to California contrary to those protections. The arbitrator will allow discovery sufficient for a fair resolution, apply applicable substantive law, burdens of proof and limitation periods, and issue a reasoned written award. The arbitrator may award any relief available on the individual claim in court, subject to lawful contractual limits and Section 12.7’s treatment of public injunctive relief. An award binds only the parties to that proceeding; it does not bind a nonparty or determine another claimant’s case except as non-waivable law requires. Judgment may be entered in a court with jurisdiction.
12.6 Costs and attorneys’ fees. CML will pay all arbitration fees the applicable consumer rules, minimum standards or law assign to the business, including for a covered CML Party invoking arbitration. A consumer pays no more than the permitted consumer filing fee, subject to available waivers; CML will pay any additional amount required to keep arbitration accessible and enforceable. If you prevail on any claim, CML will reimburse your consumer filing fee. Commercial cases follow the applicable commercial fee rules, subject to mandatory law. Each side bears its own attorneys’ fees unless an applicable statute, enforceable agreement other than these Terms, or applicable rule lawfully authorizes an award. These Terms create no general prevailing-party fee right for CML against a consumer. An arbitrator may impose sanctions for a frivolous claim or bad-faith conduct only as authorized by applicable law and rules, after notice and an opportunity to respond, and without overriding consumer cost protections. Section 10 does not shift the cost of defending your own good-faith claim.
12.7 Individual proceedings and public injunctive relief. TO THE EXTENT LAWFUL, YOU AND CML MAY ASSERT CLAIMS AGAINST EACH OTHER ONLY INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR IN A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THIS WAIVER ALSO APPLIES TO COVERED CLAIMS INVOLVING OTHER CML PARTIES. An arbitrator may not conduct class or representative arbitration or consolidate separate claimants’ merits proceedings without all affected parties’ agreement. Administrative coordination under Section 12.8 is not class arbitration. THIS AGREEMENT DOES NOT WAIVE THE RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF IN COURT WHERE THAT RIGHT CANNOT LAWFULLY BE WAIVED. A request for such relief, meaning relief primarily directed to preventing future harm to the general public rather than providing relief to particular claimants, is reserved for a court of competent jurisdiction under Section 13.2 and is severed from arbitrable individual claims. The court may stay the reserved request pending arbitration to the extent lawful, but this agreement does not require a stay that would defeat an effective mandatory remedy or urgent relief. If a court finally determines that another part of this waiver cannot be enforced as to a claim or remedy, only that claim or remedy proceeds in court; the remaining arbitrable claims remain in arbitration. No provision authorizes class or representative arbitration without a separate written agreement made after the Dispute arises.
12.8 Coordinated and mass filings. If related individual demands are filed by or with coordinated counsel or organizations and meet the administrator’s applicable mass-filing criteria, its then-current mass-arbitration rules and fee schedule apply. A process arbitrator may decide issues assigned by those rules, including filing sufficiency, coordination and fee allocation, subject to Section 12.9’s court-reserved issues. The administrator may coordinate proceedings or use batches if consistent with its rules and due-process standards, but every claim receives an individual determination and award. These Terms do not require serial bellwether proceedings, delay one claimant until unrelated cases finish, or reduce mandatory business-side fees without authorization. The parties will reasonably cooperate in efficient scheduling and, if requested, a joint mediation paid for by CML; mediation will not delay individual merits proceedings beyond a period the affected parties or authorized arbitrator reasonably approve. Limitation periods for timely submitted claims are tolled during any administrator-required wait. Any claimant retains a qualifying small-claims option. Procedural issues not assigned to a process arbitrator are decided under the applicable rules, subject to Section 12.9.
12.9 Delegation and court-reserved issues. Except for the following express exceptions, the arbitrator has exclusive authority to decide interpretation, scope, applicability and enforceability of this arbitration agreement to the extent law permits delegation. A court decides whether an agreement to arbitrate or to delegate was formed, a challenge specifically directed to the validity or enforceability of this delegation provision, whether the class or representative waiver in Section 12.7 is enforceable, whether a request is reserved for court under that section, and whether an opt-out under Section 12.10 is valid. Mandatory law may reserve additional matters for a court. Section 11.7 governs informal-process compliance, and Section 12.8 governs matters assigned to a process arbitrator. Any court proceeding is subject to Section 13.2 and applicable exceptions.
12.10 Right to opt out. YOU MAY OPT OUT OF THIS ENTIRE SECTION 12 BY SENDING NOTICE TO billing@cmlviz.com OR THE POSTAL ADDRESS IN SECTION 19 WITHIN 30 CALENDAR DAYS AFTER YOU FIRST ACCEPT THIS ARBITRATION AGREEMENT FOLLOWING REASONABLY CONSPICUOUS NOTICE OF IT AND YOUR OPT-OUT RIGHT. For an existing account, the period begins with that acceptance, not the original account-creation date or publication date of these Terms. Your notice must identify your name and account email, if any, and clearly state that you opt out of arbitration. No reason, special form or notarization is required. An authorized representative may send an individually identified notice for you. Email is timely when sent and postal notice when postmarked, within the period; retain proof. We may reasonably verify identity but will not invalidate a timely identifiable opt-out for a curable technical defect. A valid opt-out binds CML and the other CML Parties for covered Disputes, removes this section’s class waiver as well as arbitration, and does not affect your access, price or other Terms. A valid prior opt-out remains effective unless you later expressly agree to arbitration. Section 11 is not a mandatory prerequisite to an ordinary court case following opt-out.
12.11 Changes to arbitration. Material changes to this section require reasonably conspicuous advance notice under Section 16 and any affirmative consent required by law. A change does not apply to a Dispute that arose before the change becomes binding, whether or not a notice or proceeding already exists. You may reject a material change by notice to billing@cmlviz.com or the Section 19 postal address within 30 days after the later of actual notice of the change or its stated effective date. If rejected, the last arbitration agreement you validly accepted continues to govern future covered Disputes; if you previously opted out, that opt-out continues. Rejecting an amendment does not itself cancel your subscription. A purely administrative update to contact information is not a material arbitration change. No amendment revives arbitration after a valid opt-out without your express agreement.
12.12 Survival and severability. This section survives termination for Disputes within its scope. If a provision is unenforceable, it is severed to the extent necessary and the remaining agreement continues, except as Section 12.7 specifically provides. No severance may create consent to class arbitration or remove a non-waivable remedy. If arbitration cannot lawfully proceed, the affected Dispute proceeds in a competent court under Section 13.2, subject to mandatory law. Nothing requires enforcement of an agreement a court finds was never formed.
13. Governing Law Venue and Claim Periods
13.1 Governing law. The FAA governs Section 12 as stated there. Otherwise California law and applicable U.S. federal law govern this agreement and Disputes, without applying conflict-of-law rules to displace that choice, except where mandatory law provides otherwise. Consumers retain mandatory protections of their home jurisdiction as described in Section 14. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
13.2 Court venue. Subject to the exceptions in this section and Section 14, a Dispute not arbitrated and a proceeding to compel arbitration or review or enforce an award must be brought in the California state courts located in Alameda County or the United States District Court for the Northern District of California, as appropriate to subject-matter jurisdiction. The parties consent to personal jurisdiction there and waive inconvenient-forum objections to the extent lawful. Either party may use a qualifying small claims court where the consumer resides or another location permitted by applicable rules. Mandatory consumer venue rights, court access required by an administrator’s consumer standards, government proceedings and non-waivable statutory venue rules remain available. An award or judgment may be enforced in any court with jurisdiction. This clause does not create federal subject-matter jurisdiction where none exists.
13.3 Contractual claim period. TO THE EXTENT A CONTRACTUAL LIMIT IS LAWFUL AND REASONABLE FOR THE PARTICULAR CLAIM, EITHER PARTY MUST COMMENCE A COVERED CLAIM WITHIN ONE YEAR AFTER IT ACCRUES UNDER APPLICABLE LAW. Accrual includes any applicable discovery rule. A claim is commenced by filing it with the proper arbitration administrator or competent court, not merely by sending an informal notice. The tolling in Sections 11.5 and 12.8 applies; after a timely informal notice, the filing deadline will in no event expire sooner than 30 days after the applicable Resolution Period ends. Protective filings under Section 11.6 are permitted. This provision does not shorten a non-waivable statutory period, a period for a claim preserved by Section 9.4 where shortening is prohibited, or a period where one year would be unreasonable or unlawful; the otherwise applicable statutory period governs that claim. It does not revive an already time-barred claim, retroactively shorten an accrued claim, or alter a government agency’s deadlines. This provision applies equally to CML, other CML Parties invoking it, and you.
13.4 Jury trial in court. ONLY WHERE A PREDISPUTE JURY WAIVER IS LAWFUL AND ENFORCEABLE, YOU AND CML KNOWINGLY WAIVE JURY TRIAL FOR A COVERED DISPUTE PROCEEDING IN COURT. THIS CONTRACTUAL WAIVER DOES NOT APPLY IN CALIFORNIA STATE COURT OR ANY OTHER FORUM WHERE IT IS PROHIBITED, AND DOES NOT REMOVE A NON-WAIVABLE JURY RIGHT. It does not affect jury waivers made after a dispute in a manner permitted by law. The separate arbitration agreement is governed by Section 12.
13.5 Independent provisions. Sections 13.3 and 13.4 are separate from Section 12. Invalidity of a contractual claim period or jury waiver does not itself invalidate an otherwise enforceable arbitration agreement. All provisions remain subject to Section 9.4, Section 14 and applicable severability rules.
14. Mandatory Rights and International Users
14.1 Geographic availability. CML operates the Services from the United States and may limit availability by jurisdiction. You must comply with laws applicable to your own use and must not misrepresent your residence or evade a restriction. This provision does not transfer CML’s own regulatory, consumer-law or tax obligations to you or waive rights merely because you access a U.S. website. If we restrict an existing subscriber’s jurisdiction for reasons not caused by that subscriber’s breach, Section 15.3 governs unused prepaid fees, subject to any legal prohibition on payment.
14.2 Mandatory protections control. Nothing in this agreement removes protections the law makes non-waivable. In particular, mandatory rules may override disclaimers, indemnities, releases, caps, claim periods, arbitration, class waivers, choice of law, venue, cancellation and refund terms. An inconsistent provision does not apply to you to the extent prohibited; other lawful provisions continue. You may contact support@cmlviz.com about a remedy without first agreeing that a contractual exclusion applies.
14.3 EU EEA and United Kingdom consumers. If mandatory consumer law of an EU or EEA country or the United Kingdom applies to your purchase, you retain its conformity, repair, price-reduction, termination, refund and other non-waivable rights. You may use the courts of your residence where that law entitles you to do so, and Sections 12 and 13 do not require an impermissible arbitration, class waiver, governing-law choice, claim period or venue. The following withdrawal provisions apply where your purchase carries a statutory withdrawal right; a longer or different mandatory rule controls if applicable.
14.3(a) Withdrawal period and notice. You may withdraw from the contract without giving a reason within 14 days after it is concluded, or within a longer period required by law, including an extension for missing required information. Send an unequivocal statement to support@cmlviz.com or Capital Market Laboratories, LLC, 2223 Roosevelt Ave Apt. B, Berkeley, CA 94703, United States. You may use any other legally valid method, including a legally required online withdrawal function. Sending notice before the period expires is sufficient. You may use, but need not use, this model: “To Capital Market Laboratories, LLC, support@cmlviz.com, 2223 Roosevelt Ave Apt. B, Berkeley, CA 94703, United States: I hereby give notice that I withdraw from my contract for the following service: [service]. Ordered on: [date]. Consumer name: [name]. Consumer address: [address]. Account email: [email]. Date: [date]. Signature: [only if sent on paper].”
14.3(b) Refund and service access. Following a valid withdrawal, we will reimburse amounts required by law without undue delay and ordinarily within 14 days after receiving notice, using the original payment method unless you expressly agree otherwise and without a reimbursement fee. Access to the withdrawn subscription ends. We may deduct a lawful proportionate amount for services actually provided during the withdrawal period only if you made the legally required express request for early performance and we supplied the required information. If those conditions were not met, no such deduction will be made where law prohibits it. Your continuing use alone is not the required express request.
14.3(c) No assumed waiver for digital access. Acceptance of these Terms, payment, login or immediate access alone does not waive a withdrawal right. For a service contract, any loss of that right on full performance requires the prior express request, consent, acknowledgment and other conditions required by law. For separately supplied digital content not on a tangible medium, loss of the right on commencement of supply requires the legally required prior express consent, acknowledgment of loss and durable-medium confirmation. We will rely on loss of a withdrawal right only where the correct legal category and all applicable conditions have actually been satisfied. An ongoing analytics subscription is not deemed fully performed merely because access begins.
14.4 Canada and Switzerland. Québec residents are not eligible under Section 2.1. Consumers in Ontario or another Canadian province or territory retain any statutory right to court proceedings, class proceedings, cancellation, disclosure and refunds that cannot be waived; Sections 12 and 13 apply only to the extent permitted. Swiss consumers likewise retain mandatory jurisdiction, contract and other consumer rights. This agreement does not assume that Switzerland has the same general online withdrawal regime as the EU; any applicable Swiss statutory or expressly promised right remains available.
14.5 Australia and New Zealand. Nothing excludes, restricts or modifies a consumer guarantee or remedy under the Australian Consumer Law, New Zealand Consumer Guarantees Act, or other applicable non-waivable law. Where Australian law expressly permits a limitation for eligible services not ordinarily acquired for personal, domestic or household use, and it is fair and reasonable to rely on it, CML’s liability for the relevant guarantee is limited, at CML’s option, to resupplying the services or paying the reasonable cost of resupply. That limitation does not apply to an excluded statutory category, a non-limitable loss, or where its conditions are not met. Nothing requires a consumer to accept a remedy less favorable than mandatory law provides.
14.6 New Jersey consumers. Sections 8 through 10 and 13.3 do not waive rights or remedies that New Jersey law makes non-waivable, including under the New Jersey Consumer Fraud Act and Truth-in-Consumer Contract, Warranty and Notice Act. In particular, nothing excludes liability for unlawful fraud or deception, removes mandatory statutory damages or fee awards, or requires an unlawful indemnity. Any otherwise prohibited exclusion, release, cap or claim period is inapplicable to that extent.
14.7 California notice. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210. Sections 9.4, 12.7 and 13.4 preserve the specified mandatory California rights and remedies.
14.8 Language and currency. The English version governs to the extent lawful, except where a required translation or mandatory local rule controls. Prices are in U.S. dollars unless your accepted order states otherwise. Your bank may assess currency-conversion or foreign-transaction charges independently; those charges do not alter CML’s own refund obligations. Currency does not determine whether mandatory local consumer rights apply.
15. Suspension and Termination
15.1 Cancellation by you. You may stop using the Services and cancel renewal under Section 4.5. Refunds and earlier termination rights are governed by Sections 3.10, 4, 14 and 16.2. Requests to delete personal information are handled under our Privacy Policy and applicable law and do not erase records lawfully retained for billing, security, tax or legal obligations.
15.2 Protective suspension and termination for cause. We may immediately suspend affected access when reasonably necessary to address suspected fraud, account compromise, unlawful use, material breach, nonpayment, abuse, security risk or a legal prohibition. We may terminate for an established material breach or a reasonable good-faith determination supported by available information. Where practicable and appropriate, we will give notice and an opportunity to cure a remediable breach; we need not do so for serious abuse, knowing infringement, fraud, repeated violations, imminent harm or a legal prohibition. We will reasonably review a timely good-faith challenge sent to support@cmlviz.com. A lawful termination for your material breach does not entitle you to a refund except as law requires. If suspension proves unrelated to your breach, applicable service-failure remedies remain available. We will not label termination “for cause” solely because you exercised a protected right or because CML changed its business or geographic eligibility policy.
15.3 Termination for convenience and discontinued products. CML may discontinue an individual product, an affected subscription or all Services, or end a subscription for another lawful business reason, ordinarily on at least 30 days’ notice. We may act sooner where reasonably necessary for legal compliance, safety, security or an external provider’s withdrawal. Unless you materially breached these Terms in a manner justifying Section 15.2, we will refund unused prepaid fees for the affected subscription from the date access ends. If part of a bundle ends, the refund will reflect a reasonable allocation of the affected component, and Section 3.10 applies to a material loss of the bundle’s core functionality. A newly imposed geographic restriction is covered by this section; any payment legally prohibited by sanctions will be handled as applicable law permits. Section 9 governs additional liability, subject to Section 9.4.
15.4 Effect and survival. When access ends, the license to use the affected Services ends, except the limited record-retention permission in Section 6.2. You must cease unauthorized access and redistribution. Accrued payment and refund obligations, confidentiality and intellectual property provisions, applicable content licenses, risk disclosures, lawful disclaimers, limitations, releases, indemnity obligations, dispute provisions and general terms survive to the extent needed to give them effect. In particular, Sections 1.5, 1.6, 2.5, 3, 4 as to accrued obligations, 5 as to continuing misuse, 6 as specified there, 7 through 14, 15.4, 16.3, 17 and 18.4 survive. Termination does not release accrued rights or permit continued collection of cancelled renewal fees.
16. Changes to These Terms
16.1 Notice and consent. We may update these Terms prospectively and will identify a revised effective date. For a material change affecting an existing subscriber, we will provide reasonably conspicuous notice by email or another legally permitted retainable method at least 30 days before it becomes binding, identify the material change and explain cancellation rights. A shorter period may be used only where law permits and reasonably necessary for a legal or urgent security requirement. Posting alone is not notice of a material change to an existing subscriber. We will obtain affirmative consent where required and will not use an update to change a prepaid price contrary to Section 4.4. Arbitration amendments are subject to Section 12.11.
16.2 Choice and unused fees. If you reject a material change, you may cancel the affected subscription before it becomes binding and receive the unused prepaid portion from the effective cancellation date. If a legally permitted urgent change takes effect sooner than 30 days after notice, you may exercise this cancellation and refund option within 30 days after notice. Continued use after the stated effective date and adequate notice constitutes acceptance only where law permits that method and the notice clearly explains it; otherwise affirmative acceptance is required. If agreement cannot lawfully be established and continued service under the old terms is impracticable, we may end the subscription under Section 15.3 rather than impose a disputed change retroactively. Rejecting an arbitration amendment alone is handled under Section 12.11.
16.3 No retroactive reduction of rights. An update does not apply to a Dispute that arose before it became binding, even if notice of that Dispute has not yet been sent. It does not retroactively extinguish accrued rights, impose a new release, shorten an accrued claim period or change fees already earned or paid. The prior agreement governs that Dispute unless the parties expressly agree otherwise after it arises and law permits. Existing valid arbitration opt-outs remain effective.
17. General Provisions
17.1 Entire agreement and authority. These Terms and applicable Supplemental Terms are the agreement concerning the Services, subject to the priority rules in Section 1.4. They supersede prior agreements prospectively as provided in Section 1.5, without disclaiming binding factual representations or mandatory rights under Sections 8.3 and 9.4. A waiver or amendment signed by CML must be signed by an authorized representative; ordinary support communications, community posts or oral comments do not promise investment outcomes or create a personal guarantee. This does not invalidate a cancellation, refund commitment or representation that applicable law makes binding.
17.2 Severability. If a provision is invalid or unenforceable, it will be severed or narrowed only to the extent a court or arbitrator may lawfully do so while preserving the parties’ lawful intent. A prohibited consumer term is not made valid merely by a general savings clause. The remainder continues where it can lawfully operate independently. Sections 12.7, 12.12 and 13.5 govern their specific subjects. No reformation may remove mandatory protections or create an agreement the parties did not make.
17.3 No waiver. A failure or delay in enforcing a right is not a waiver of that right on another occasion. A waiver of one breach does not waive another. This section does not override a statutory deadline, a binding settlement, or a waiver established under applicable law.
17.4 Assignment. You may not transfer an account or the licensed access rights without CML’s written consent, except as law requires. CML may assign this agreement in connection with a merger, reorganization, financing or sale of the relevant business or assets, provided the assignee assumes the applicable obligations and the assignment does not unlawfully reduce your rights. We will provide required notice and obtain consent where law requires it. No assignment changes a valid arbitration opt-out. This section does not prohibit assignment of a legal claim where such a restriction would be unlawful, or transfer by operation of law that cannot be restricted.
17.5 Events beyond reasonable control. Subject to Section 9.4, CML is not responsible for delay or nonperformance to the extent caused by an event beyond its reasonable control, including provider or communications outages, exchange closures, natural disasters, war, governmental action or cyberattacks that reasonable precautions could not prevent. We will take reasonable steps to mitigate the effects and resume affected performance. This provision does not excuse lack of reasonable security measures, CML’s own payment obligations, required refunds, or statutory remedies. Sections 3.10, 4.7 and 15.3 remain available for material interruption or discontinuation.
17.6 Electronic communications and notices. To the extent lawful, the parties may use electronic records and signatures for this agreement and ordinary account communications. Where law requires separate consent to electronic delivery of a particular disclosure, these Terms do not substitute for that consent. Keep your contact information current and retain copies of important notices. Notices are effective when delivered to the designated address or made available with legally sufficient notification, subject to any mandatory actual-receipt rule; a known delivery failure will not be treated as successful delivery. Opt-outs, withdrawals, cancellations and Dispute notices follow their specific timing rules. A change to CML’s notice address will not invalidate a timely notice sent to the last address we provided before you received the update.
17.7 Text messages. If you separately enroll in text alerts, the consent and disclosures presented at enrollment govern the messages you authorize. Consent to marketing texts is not a condition of purchase and is not supplied merely by accepting these Terms. Message frequency varies; message and data rates may apply. Reply STOP to stop the applicable program, HELP for help, or contact support@cmlviz.com; other legally recognized revocation methods remain available. We will honor opt-outs within the time required by law. Stopping texts does not itself cancel a paid subscription. Carriers do not guarantee delivery, and Section 3.7 describes alert limitations, subject to mandatory rights.
17.8 Export and sanctions. Comply with applicable export-control and economic-sanctions laws in using the Services. Do not provide access to a prohibited person or destination or for a prohibited purpose. CML may restrict performance as required by those laws, subject to Section 15.3’s handling of legally permissible refunds. No provision requires an act prohibited by law.
17.9 Independent status and third-party enforcement. CML and you are independent contracting parties. The CML Parties defined in Section 1.6 are express intended third-party beneficiaries of Sections 3, 5, 6 where relevant to their rights, 7, 8, 9, 10, 11, 12, 13, 14.2, 15.4, 16.3 and 17 to the extent those provisions protect them. Each may directly invoke and enforce the applicable defenses, releases, limits, nonrecourse terms and dispute provisions, subject to their conditions and Section 9.4. Invoking arbitration binds that beneficiary to Section 12 for the Dispute and does not create a separate fee obligation for the consumer beyond that section. These rights protect covered conduct occurring during the person’s affiliation even if the person later leaves CML. Data providers also have rights expressly granted by the Market Data Terms. No other third party acquires contractual rights by implication. Beneficiary status does not make an individual the seller, adviser or personal guarantor of CML’s performance.
17.10 Interpretation and remedies. Headings aid navigation. “Including” means “including without limitation.” References to law include applicable amendments; references to a section mean a section of these Terms unless stated otherwise. An express exception controls a general provision addressing the same subject. A right exercisable in CML’s discretion must still be exercised consistently with applicable law and contractual good-faith duties. Except where an exclusive lawful remedy is expressly stated, lawful remedies are cumulative, without double recovery. No clause requires construing an ambiguity against a consumer contrary to applicable law.
18. Accessibility
18.1 Accessibility objective. We seek to improve access to the Services for people with disabilities and use WCAG 2.2 Level AA as an accessibility objective. This describes an objective, not a certification that every page, interactive chart or third-party feature presently conforms. It does not reduce obligations imposed by disability-rights law.
18.2 Assistance and alternatives. If a disability makes a feature, account process or communication difficult to use, contact support@cmlviz.com. We will engage with you about reasonable accommodations and accessible alternatives, without an additional charge for an accommodation required by law. Options may include accessible research or account information, assistance with signup or cancellation, or another usable format. We will consider the timeliness needed for the information and any applicable requirement for equally effective access; an alternative is not automatically adequate merely because it is offered by email. Contacting support is not a prerequisite to exercising a legal right.
18.3 Reporting a barrier. Please identify the feature or page, the difficulty and, if helpful, the assistive technology involved. Do not send unnecessary medical information. We will use the report to assess the issue and appropriate response. Any response-time estimate we provide is subject to legally required action and does not delay a mandatory remedy.
18.4 Preserved rights. Nothing limits rights or remedies that cannot be waived under the Americans with Disabilities Act, the California Unruh Civil Rights Act, or other applicable disability-rights law. Section 9.4 controls any conflicting limitation.
19. Contact
Capital Market Laboratories, LLC
TradeMachine® | CML Pro™ | Pattern Finder™
2223 Roosevelt Ave Apt. B
Berkeley, CA 94703
United States
- Customer support, cancellations, withdrawal notices and accessibility assistance: support@cmlviz.com
- Legal notices and Notices of Dispute: billing@cmlviz.com
- Arbitration opt-out and rejection of arbitration amendments: billing@cmlviz.com
- Copyright agent: Larry Zerner, Law Office of Larry Zerner, 1801 Century Park East, Suite 2400, Los Angeles, CA 90067; (310) 773-3623; Larry@Zernerlaw.com