Terms of Service

Legal Notice

All notices from THE MERRIMAN MARKET ANALYST to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to THE MERRIMAN MARKET ANALYST shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at: PO Box 14937 Scottsdale, AZ 85267. Delivery shall be deemed to have been made by You to THE MERRIMAN MARKET ANALYST five (5) days after the date sent.

Copyright Notice

All content appearing on this Web site is the property of THE MERRIMAN MARKET ANALYST.
Copyright © 2018 THE MERRIMAN MARKET ANALYST. All rights reserved. As a user, you are authorized only to view, and print documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018 THE MERRIMAN MARKET ANALYST. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by THE MERRIMAN MARKET ANALYST. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of THE MERRIMAN MARKET ANALYST or any third party, except as expressly granted herein.

Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. THE MERRIMAN MARKET ANALYST and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if THE MERRIMAN MARKET ANALYST believes that customer conduct violates applicable law or is harmful to the interests of THE MERRIMAN MARKET ANALYST and its subsidiaries.

Shipping and Delivery

At this time, THE MERRIMAN MARKET ANALYST ships merchandise to locations within the United States and other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. We are not responsible for any lost or damaged products after merchanside is delivered to the shipping carrier and we will not reimburse for lost or damaged products.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. THE MERRIMAN MARKET ANALYST is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Sales Tax

THE MERRIMAN MARKET ANALYST charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. THE MERRIMAN MARKET ANALYST makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

THE MERRIMAN MARKET ANALYST SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL THE MERRIMAN MARKET ANALYST BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
— OR Depending on State —
The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by THE MERRIMAN MARKET ANALYST.

The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. THE MERRIMAN MARKET ANALYST is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not THE MERRIMAN MARKET ANALYST.
The inclusion of material on this server does not imply any endorsement by THE MERRIMAN MARKET ANALYST, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although THE MERRIMAN MARKET ANALYST tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed. THE MERRIMAN MARKET ANALYST reserves the right to change its payment procedures at any time without prior notice to you. If you are not satisfied with your purchase,  returns are accepted within 14 days of the date that you received your order on all of our books and software (excludes eBooks). We will issue a refund to your original form of payment for items returned within 14 days. All returned items must be in their original condition; shrink-wrapped products must be unopened. In order to obtain a refund you must notify us via email or phone within the refund period.  All products must be returned in new condition, completely intact and in resalable condition.  We will not reimburse shipping fees to mail product back to THE MERRIMAN MARKET ANALYST. Refunds will only be issued for the product price (we will not refund shipping charge) and will be processed within 7 days of approval and be posted to the account that was used to purchase the item.  We do not allow refunds on any of our subscriptions, eBooks, MP4 files, or electronically delivered products.  If the subscription you purchased does not suit your needs, we will happily give you a credit for the remainder of your subscription, which you can apply towards a book order or another subscription. We will not refund subscriptions under any circumstance. No refunds or credits on electronic purchases.

Subscription Schedules and Policies Regarding Special Reports, Updates, and Alerts

MMA Cycles Report comes out once a month and is issued at least 12 times a year.

MMA Daily Report is issued 5 days a week, for at least 12 weeks a quarter or 48 weeks a year.

MMA Weekly Reports (includes individual sector weekly reports) are issued once a week, for at least 12 weeks a quarter or 48 weeks a year.

In addition to the schedule above, you may receive a special report, update, or alert pertaining to your subscription report if, in our opinion, market conditions warrant it.

Whenever we put out a special report, update, or alert, there seems to be some confusion as to what subscription services receive these. Generally speaking, the people who subscribe to certain reports get one or a combination of each. You do not get reports or alerts or updates if your subscription does not cover them.

Special Reports: These are reports of a long-term nature in which we analyze the longer-term outlook of a particular market that we believe is at, or approaching, a critical juncture in its longer-term cycle –a cycle longer than the primary type.

These “Special Reports” are a special feature of the monthly MMA Cycles Report, and are, on average, issued 1-2 times per year. Since they are features of the MMA Cycles Report, they only go to subscribers of the MMA Cycles Report.

When a special report on a given market is being prepared, it will be announced ahead of time so those who are not subscribers can have the chance to subscribe to it, and receive the special edition when it is issued.

MMA Special Updates: These are updates that are written immediately after the market has fulfilled the criteria outlined in either the MMA Cycles Report or a particular weekly report for a primary cycle trough or crest, and which warrants a heightened alert that the trend may be changing now.

The MMA Special Updates may go to subscribers, depending on market conditions and type of subscription report. These special updates go to all daily subscribers, full weekly subscribers, and weekly subscribers of that particular sector being covered.

MMA Special Alerts: The MMA Special Alerts are sent out only to all MMA Daily subscribers, and sometimes to all Weekly subscribers or those of the particular market we track, depending on whether or not the given indicator pertains to their type of report, and what has been tracked in their report.

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. THE MERRIMAN MARKET ANALYST and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of THE MERRIMAN MARKET ANALYST shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and THE MERRIMAN MARKET ANALYST with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and THE MERRIMAN MARKET ANALYST with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by THE MERRIMAN MARKET ANALYST. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.