Nutzungsbedingungen

PLEASE SCROLL DOWN AND CAREFULLY READ THE TERMS OF USE BELOW.

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (THIS “AGREEMENT”), SET FORTH THE TERMS OF YOUR USE OF THE SERVICES (DEFINED BELOW) OF EQUITREND DATA INC, (MENTIONED AS “MOMENTUM-AKTIEN.de” “WE,” “US,” AND/OR “OUR”). EQUITREND DATA INC. OPERATES THE WEBSITE MOMENTUM-AKTIEN.DE, ALONG WITH ITS OWNERS, MANAGERS, EMPLOYEES, AND ASSIGNS. THIS IS A BINDING CONTRACT BETWEEN YOU, AS A USER OF THE SERVICES (“YOU,” “YOUR,” AND/OR “USER”) AND MOMENTUM-AKTIEN.DE, THE PROVIDER OF THE SERVICES. THIS AGREEMENT INCORPORATES BY REFERENCE OUR PRIVACY POLICY, DMCA POLICY ANY SPECIFIC TERMS OF SERVICE, AND ANY OTHER RULES OR GUIDELINES POSTED REGARDING OUR SERVICES (EACH, AN “ANNEX”), AS MAY BE AMENDED BY US FROM TIME TO TIME.

YOUR ACCESS, PURCHASE AND/OR USE OF ANY OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICES. YOU MAY ALSO ELECT TO PURCHASE ADDITIONAL SERVICES FROM OUR AFFILIATES, PARTNERS AND/OR OTHER THIRD PARTIES, WHICH MAY HAVE THEIR OWN TERMS OF USE AND/OR SERVICE AGREEMENTS, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE TERMS OF USE AND/OR SERVICE AGREEMENTS OR OTHER RELATED TERMS AND CONDITIONS, AS WELL AS THIS AGREEMENT.

SOME OF THE SERVICES ARE DELIVERED ELECTRONICALLY, AND MAY INCLUDE ELECTRONIC TRANSACTIONS. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU WILL BE BOUND BY ANY ELECTRONIC SUBMISSIONS, COMMUNICATIONS OR TRANSACTIONS MADE USING YOUR CREDENTIALS (DEFINED BELOW), INCLUDING YOUR ACCEPTANCE OF THIS AGREEMENT, AND YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US, INCLUDING, BUT NOT LIMITED TO, NOTICES OF CANCELLATION AND RENEWALS, POLICIES, CONTRACTS AND APPLICATIONS.

CHANGES TO THIS AGREEMENT

We may update or amend this Agreement, including any Annexes or incorporated terms, from time to time to reflect changes in our services, business practices, or applicable legal requirements. Any revised version will become effective once it is published on our website or otherwise communicated to you. The date of the most recent revision will always be displayed at the top of the Agreement.

By continuing to use our services after the updated Agreement has been published, you confirm your acceptance of the revised terms. If you do not agree to the changes, you should stop using the services immediately.

When we introduce or modify any free or paid service, the terms applicable to that service may also be updated. To ensure you are aware of the current terms, you should review the Agreement regularly on our official platforms. The version published on our website will always be considered the most current and legally binding version.

For the purposes of this Agreement, “Momentum‑Aktien.de Entities” means Momentum‑Aktien.de, Die Momentum Bericht, Equitrend Data Inc., and each of their respective members/owners, directors, officers, employees, and contractors. None of the Momentum‑Aktien.de Entities is licensed or authorized as a broker‑dealer, account representative, market maker, investment banker, investment adviser, analyst, or underwriter.

THE SERVICES

The services provided by Momentum‑Aktien.de (the “Services”) include our written and digital publications and materials; websites (including, without limitation, Momentum‑Aktien.de); mobile applications; and any other online or offline platforms we operate (collectively, the “Platforms”). The Services also include all Content (defined below) displayed on or delivered through the Platforms, and any memberships or subscription offerings. “Content” means data, information, research, e‑letters, newsletters, digests, articles and blogs, news aggregation services, emails, images, graphs, videos, podcasts, webinars, conferences, books, audio (including access to conference calls), software, analytic tools, and any other visual, audio, or digital content made available on or through a Platform. Certain Services are provided free of charge (collectively, “Free Services”), while other Services require payment of a one‑time fee, subscription fee, maintenance fee, or other charge, including access to premium Content and memberships (collectively, “Premium Services”). Unless expressly stated otherwise, the terms of this Agreement apply to both Free Services and Premium Services. For the avoidance of doubt, this Agreement applies to Services made available: (i) on Platforms that may be accessed only by a User to whom we have issued Credentials (defined below), (ii) by email, and/or (iii) through other channels that may not require Credentials.

Credentials” means any unique, personal means of authentication or authorization used to access the Services or a User account (“User Account”), including usernames, passwords, passcodes, multi‑factor authentication methods, tokens, API keys, digital certificates, or similar identifiers issued by us or generated by the Services. Credentials are personal to the User, non‑transferable, and may be suspended or revoked in accordance with this Agreement. Users are responsible for keeping their Credentials confidential and for all activities that occur under their account.

This Agreement applies to all Services, whether purchased or used separately or as part of a membership package, solution, or bundled package of Services. If you purchase or use Services that are sold or otherwise provided together as a solution or bundled package (as opposed to purchasing or using Services separately), termination of any part of the Services will result in termination of all Services provided as part of that solution or bundled package. Refunds or credits, if any, will be provided only as required by applicable law or as expressly stated in this Agreement or the applicable offer terms. See Section 12 below under “Disclaimers Concerning the Content We Provide” for additional details.

Account Security and Acceptable Use

You are responsible for maintaining the confidentiality and security of your account and any associated Credentials. Credentials are personal to you and must not be shared, transferred, or disclosed to any other person or entity. You agree to take all reasonable steps to prevent unauthorized access to your account, including using strong passwords, enabling multi-factor authentication where available, and promptly updating your security settings if you suspect compromise.

You must notify us immediately at Info@momentum-aktien.de if you become aware of or suspect any unauthorized use of your account, Credentials, or any other breach of security. We reserve the right to suspend or terminate your access to the Services if we reasonably believe that your account has been compromised or is being misused.

You agree to use the Services only for lawful purposes and in accordance with this Agreement. You must not, and must not attempt to:

  • Share, sell, sublicense, or otherwise transfer your account or Credentials to any other person or entity.
  • Access or use the Services in any manner that could damage, disable, overburden, or impair the Platforms or interfere with any other party’s use of the Services.
  • Circumvent or attempt to circumvent any security measures or access controls implemented by us.
  • Use automated scripts, bots, or similar technologies to access, scrape, or interact with the Services without our prior written consent.
  • Upload, transmit, or distribute any material that is unlawful, harmful, defamatory, infringing, or otherwise objectionable.
  • Engage in any activity that violates applicable laws, regulations, or the rights of any third party.

We reserve the right to monitor compliance with these obligations and to take appropriate action, including suspension or termination of your account, if we reasonably believe that you have breached this clause. To the fullest extent permitted by law, we disclaim liability for any loss or damage arising from your failure to comply with these obligations.

DISCLAIMERS CONCERNING THE CONTENT WE PROVIDE

You acknowledge and agree to the following:

  1. Momentum‑de is a publisher of financial information and does not act as an investment adviser. We do not provide personalized or individualized investment advice, portfolio management, or brokerage services. All information provided through our services is general in nature, impersonal, and not tailored to any individual’s objectives, financial situation, or needs. You acknowledge and agree that no content published or otherwise provided as part of our services constitutes a personal recommendation or advice regarding the suitability of, or advisability of investing in, purchasing, or selling any particular investment, security, portfolio, commodity, transaction, or investment strategy. To the extent that any content may be interpreted as investment-related commentary or guidance, such information is provided solely for informational purposes and remains impersonal and not adapted to the circumstances of any specific person;
  2. None of our personnel, including, but not limited to, editorial staff, employees or independent contractors (collectively, “Our Representatives”), will provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling, any particular investment, security, portfolio, commodity, transaction, investment strategy or any other matter, and you further agree not to request or contact us for such advice;
  3. From time to time, the Services may include the opinions and commentary of Our Representatives and of third parties not controlled by Momentum‑de—including interviewees, guests, analysts, and other third‑party content providers (collectively, “Outside Contributors”)—as well as opinions and commentary that appear in the products and services of our affiliates. Views expressed may differ across Services, between Outside Contributors, and/or among affiliates. All Services and all Content are provided for informational and educational purposes only. They are not and must not be used or construed as a recommendation, personal recommendation, offer, or solicitation to buy or sell any security, company, financial product or instrument, or to engage in any particular investment strategy, whether by any of the Momentum‑Aktien.de Entities or by any third party. The Services and Content are not intended to provide tax, legal, investment, or accounting advice, and they are impersonal in nature and not tailored to any individual’s objectives, financial situation, or needs. None of the Momentum‑Aktien.de Entities shall be liable for any investment decisions made or results obtained based on the Services and/or Content. Trading and investing involve risk and volatility; any investments discussed may decline in value after purchase. Past performance is not a reliable indicator of future results;
  4. Although we have certain trading restrictions for Our Representatives relating to investments or securities that are recommended in the Services, from time to time, one or more Outside Contributors or their affiliates may have a position in the investment or securities written about in the Services. In cases where the position is held at the time of publication, Outside Contributors may make a related disclosure; however, unless otherwise required by applicable securities laws, Momentum‑de has no duty or obligation to investigate or determine whether Outside Contributors or their affiliates hold a position in an investment or security written about in the Services or to ensure that Outside Contributors make any such disclosure. In addition, Outside Contributors may be subject to certain restrictions on trading for their own account. In addition, certain of Our Representatives and other persons from our affiliates may, from time to time, have positions in, or buy or sell, the investments, securities or derivatives thereof that are referenced in the Content and may take positions inconsistent with the views expressed therein;
  5. Where Services and/or Content provided by Momentum‑de include pricing or performance data, such data is sourced from Third‑Party Providers that we reasonably believe to be reliable. However, neither Momentum‑Aktien.de nor any Third‑Party Provider (defined below) guarantees the accuracy, completeness, timeliness, or reliability of such data or any calculations derived from it. All such information is provided “as is” and may be subject to delays, errors, or omissions. You acknowledge and agree that Momentum‑Aktien.de does not control and is not responsible for the quality, accuracy, completeness, legality, or validity of any Content supplied by Third‑Party Providers or by Outside Contributors. Any reliance on such data is at your own risk, and you should verify critical information through independent sources before making any financial or investment decision. For the purposes of this Agreement, “Third‑Party Providers” means any external data vendors, market data services, analytics providers, or other independent sources from which Momentum‑Aktien.de obtains information, including but not limited to pricing data, performance figures, benchmarks, indices, and related calculations;
  6. From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon;
  7. When U.S., Canadian, international, cryptocurrency and/or other similar exchanges are open, any quotes that we may provide through our Platforms are delayed (other than those obtained through any real-time quote services we make available to users of certain Services). When such exchanges are not open, quotes are only current as of the close of the last day of trading. You acknowledge and agree that neither Momentum‑de nor any Third-Party Provider of these quotes or related data shall be liable to you or any third party for any damage or loss resulting from your reliance or trading on the quotes, information or data contained or referenced in the Content or Services;
  8. To the extent any of the Services involve a model portfolio of investments, such portfolio provides investment ideas and/or provides information regarding investments, and is chosen by Our Representatives or Outside Contributors in accordance with our or their stated investment strategy and is for informational purposes only. Your actual results may differ from results reported for the portfolio for many reasons, including, but not limited to, trading commissions or pricing differences due to timing of a purchase or sale of an investment in the portfolio; and
  9. The information, research and opinions and other Content that Momentum‑de provides as part of the Services are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness nor the opinions based thereon. You should not rely solely upon such information, research and opinions for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified investment professional before you make any investment. None of the information provided as part of our Services constitutes, or is intended to constitute, a recommendation by us of any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person. Investing in securities or other investments, including those chosen in any of Momentum‑Aktien.de model portfolio products or in any of the other Services, is speculative in nature and involves substantial risk of loss of the money invested.

All information provided is for general informational purposes only and should not be construed as investment, legal, accounting, or tax advice. Before making any investment or financial decision, you should:

  • conduct your own independent investigation and analysis of the information presented;
  • review publicly available filings and disclosures of the relevant companies; and
  • consult with a licensed securities professional and any other qualified advisors you deem appropriate.

Investing in securities involves significant risk, including the possible loss of your entire investment. Past performance is not indicative of future results.

THE CONTENT

We reserve the right to change, modify or discontinue any Content or any portion or feature of the Services. Such changes may include, but are not limited to, adding or removing particular Outside Contributors or Our Representatives, ceasing to provide access to a Service (and/or providing an alternative Service to you as a replacement), or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that Momentum‑Aktien.de shall not be liable to you or any third party for any such change or modification of the Content and/or Services and that your continued use of the changed or modified Content and/or Services, and/or continued access to the changed or modified Content and/or Services, constitutes your acceptance of any such changes or modifications.

Certain Content or other features of the Services may also have their own specific terms and conditions that you agree to when you sign up for, or use, that particular product, function, or service (“Specific Terms of Service”). Specific Terms of Services may be described in an Annex to this Agreement and/or may be provided to you through the Services at the time you elect to sign up for, or use, that particular Service. Each Specific Terms of Service supplements and is made part of this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable Service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.

LICENSE; USER REPRESENTATIONS AND WARRANTIES

LICENSE TO USE THE SERVICES

Momentum‑Aktien.de grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Services, and to use the Content provided within each Service, in each case solely as expressly permitted hereunder and solely for your own personal, non-commercial purposes. Your right to use the Content is limited to downloading and/or printing one (1) copy of any Content for your own personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by accessing or using the Services or Content. In no event shall you use any Content available through the Services for any other purpose, or provide access to any Service, or copy, disclose, share or redistribute any such Content to any third party for any other use. Momentum‑Aktien.de reserves all rights not expressly granted in and to the Services and/or the Content.

USER REPRESENTATIONS & WARRANTIES AND USE RESTRICTIONS

In consideration of your use of the Services and/or the Platforms, you hereby represent and warrant as follows (whereby you agree that your failure to perform these responsibilities shall be deemed a material breach of this Agreement):

  1. You can form legally binding contracts under applicable law and are not a person barred from receiving the Services under the laws of the United Kingdom, Canada or the United States or other applicable jurisdictions;
  2. You are at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with Momentum‑de and are responsible for supervising the activities of any under-age User;
  3. To your knowledge, there is no action, proceeding or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement;
  4. Entering into this Agreement or otherwise purchasing, using or accessing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default or result in a termination of, any agreement or instrument to which you are a party;
  5. You have taken all actions required by applicable law and have obtained all consents which are necessary to authorize or enable you to enter into this Agreement and/or purchase, use or access the Services;
  6. You will provide/maintain your User Account with current, accurate and updated information for registration purposes and for our use in contacting you regarding the Services and otherwise for notices and/or updates from us, and you will check such points of contact frequently throughout the term of this Agreement for notices and/or updates from us;
  7. You shall not use the Services in any manner that either directly or indirectly infringes any rights of Momentum‑de or any third party;
  8. Your use of the Services will in all respects conform to all applicable laws, rules and regulations and you accept sole and absolute liability for harm caused by the wrongful use of the Services;
  9. You agree not to engage in any of the following prohibited activities: (A) copying, republishing, re-purposing distributing or disclosing any part of the Services and/or Content, in any medium, including, but not limited to, by any automated or non-automated “scraping”; (B) using any automated system, including, but not limited to, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Momentum‑de servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Momentum‑Aktien.de grants the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (C) transmitting spam, chain letters or other unsolicited communications; (D) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Services; (E) taking any action against condition(s) that imposes or may impose an unreasonable or disproportionately large load on our infrastructure based on our sole discretion; (F) uploading invalid data, viruses, worms or other software agents through the Services; (G) collecting or harvesting any User’s personal information from the Services; (H) using the Services for any commercial solicitation purposes; (I) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (J) interfering with the proper working of the Services; (K) restricting or inhibiting any other User from using the Services, including, but not limited to, by means of “hacking” or blocking access to any portion of our Platform; (L) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (M) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited to, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein; (N) disclosing or sharing Credentials; (O) modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any parts of the Services; (P) framing or linking to any information or Content on the Services; (Q) posting or submitting any inaccurate, incomplete or false biographical information or another person’s information; or (R) posting or submitting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening or obscene as determined by Momentum‑Aktien.de in its sole discretion;
  10. You are solely responsible for all statements made and acts or omissions that occur on your User Account;
  11. A maximum of three simultaneous log-ins are allowed per User Account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (g., computers, tablets, mobile devices, etc.);
  12. You agree that you are solely responsible for contacting us, consistent with and pursuant to the terms of this Agreement, with notice of your decision to cancel or discontinue the Services. IF NO SUCH NOTIFICATION IS GIVEN TO US BY YOU, WE WILL ASSUME YOU ARE SATISFIED WITH AND ACCEPT ALL SERVICES, AND WE WILL BILL ANY RELATED SERVICE FEES DIRECTLY TO YOUR PAYMENT ACCOUNT.

We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof for any reason, with or without notice and without any liability to you or any third party, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse in your use of the Services, if we believe that such suspension or termination is necessary for the security of the Services, Content or any User data, or for no reason.

You are solely responsible for your interactions, if any, with other Users. We reserve the right, but have no obligation, to monitor communications and disputes between you and other Users. Momentum‑Aktien.de shall have no liability for your interactions with other Users, or for any User’s action or inaction. Momentum‑Aktien.de shall have no obligation to you to enforce this Agreement against any other User.

You shall be responsible for obtaining the requisite communication lines and internet connections to interface with the Services and you shall bear all risks of failing to make concurrent modifications to your devices and equipment.

You expressly waive any and all rights against Momentum‑Aktien.de and hold us harmless in connection with any claims relating to any action taken by us as part of our investigation or remediation of a suspected violation or result of our conclusion that a violation of this Agreement has occurred, including, but not limited to, the suspension or termination of your User Account.

Caution Regarding Forward-Looking Information

This website and any related communications may contain “forward-looking statements” or “forward-looking information” within the meaning of applicable securities laws. Forward-looking statements are not historical facts and are often identified by words such as “anticipate,” “believe,” “expect,” “intend,” “plan,” “estimate,” “may,” “will,” “should,” “could,” “target,” and similar expressions, including the negatives thereof. These statements reflect current expectations, estimates, and projections about future events and operating performance.

All forward-looking statements are expressly qualified in their entirety by the disclosures, representations, warranties, and other provisions contained herein. Such statements are inherently subject to significant business, economic, and competitive risks, uncertainties, and contingencies, many of which are beyond our control. Actual results may differ materially from those expressed or implied in such statements due to factors including, but not limited to: general economic and market conditions; changes in laws, regulations, or government policies; availability of financing and capital markets conditions; operational risks and technological changes; competitive pressures; geopolitical events and global conflicts; and other risks described in applicable securities filings of the companies discussed.

Readers are cautioned not to place undue reliance on forward-looking statements. These statements are provided for informational purposes only and may not be appropriate for other purposes. Except as required by applicable securities laws, we undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise.