Terms of Use

Terms of Use

MONOLITH QUANT RESEARCH INC. WEBSITE TERMS OF USE

LAST UPDATED: 2024-MAY-18

1. OVERVIEW
These Terms of Use form a legally binding contract between MONOLITH QUANT RESEARCH INC. ("we" or "us") and the people and companies (“Users” or “you”) that access and use our website located at www.destinyalgorithm.com or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website.
It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.
These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.

2. SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the Website:
Sale of online education and software as a service.
The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

3. PAYMENT PROCEDURES
Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website.
You agree to pay the fees applicable to your subscription and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”).
All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due.

For purposes of processing payments, we use the following service provider:
SHOPIFY and STRIPE
Before using the Website, you must first review and approve the terms and conditions governing the use of these third party payment processors, which are available at the following website(s): www.shopify.com and www.stripe.com

4. REFUND, CREDITS AND REFERRALS
All items, products, tools, algorithms, indicators, strategies, services, education, memberships and subscriptions provided by Monolith Quant Research Inc. are final sale. No refunds will be provided under any circumstance. Any credits, coupons, referral bonus or discounts you receive from Monolith Quant Research Inc. have $0 cash value and can only be used as a credit towards the renewal of membership subscriptions from the Monolith Quant Research Inc. webstore available at www.destinyalgorithm.com

5. YOUR ACCOUNT
In order to fully use the Website, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers.
The terms governing the features and capabilities of your account and the related fees can be found on the Website.

6. TERMINATION
You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.
If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

7. LIMITATION OF LIABILITY
Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

8. INDEMNIFICATION
You agree to indemnify and hold harmless MONOLITH QUANT RESEARCH INC., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.

9. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

10. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.

11. COMPLIANCE WITH LAWS
You represent and warrant that:
i. You have the authority to bind yourself to these Terms of Use;
ii. Your use of the Website will be solely for purposes that are permitted by these Terms of Use;
iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

12. AGE RESTRICTIONS
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.

13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of British Columbia.
If any claim, dispute or controversy occurs between MONOLITH QUANT RESEARCH INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or MONOLITH QUANT RESEARCH INC. Arbitration shall be held in the Province of British Columbia, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, RSBC 1996, c 55. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

14. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against MONOLITH QUANT RESEARCH INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against MONOLITH QUANT RESEARCH INC. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

15. GENERAL TERMS
a. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.
b. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.
Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
d. NO AGENCY
The parties to these Terms of Use are independent contractors and are not partners or agents. MONOLITH QUANT RESEARCH INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.
e. SEVERABILITY
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
f. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and MONOLITH QUANT RESEARCH INC. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

16. QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: tos@destinyalgorithm.com

17. ADDITIONAL TERMS
The following additional terms and conditions apply to the use of the Website:

By visiting our website, Discord, Zoom and/or purchasing anything from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available on our website www.destinyalgorithm.com. These Terms of Service apply to all users of the site, including without limitation “users” who are members, subscribers, browsers, vendors, customers, clients, merchants, contributors of content and/or if our website and/or webstore or our Discord community is loaded and/or viewable on your device then you are considered a “user”.

Monolith Quant Research Inc. its owners, shareholders, directors, operators, employees, agents, contractors and other affiliated parties, are not registered brokers, analysts, or investment/financial advisors. Everything that is provided on www.destinyalgorithm.com (the “Website”) or any form of digital or published communications and or trading tools (“Trading Indicators”), including but not limited to Discord and/or Zoom is purely for informational, research, and educational purposes. All information contained on the Website or any form of digital or published communications and or trading tools should be independently verified and confirmed.

Monolith Quant Research Inc. does not accept any liability for any loss or damage whatsoever caused in reliance upon such information, services, tools or denied service activation of including but not limited to memberships, subscriptions, Discord, Zoom, TradingView, indicators, strategies, backtesting data and/or data feed provided to tools or indicators from 3rd parties to Monolith Quant Research Inc. and or end user for any reason whatsoever.

Please be aware of the risks involved with any activities including, but not limited to, trading or investing, performed in any financial market. Please consult a qualified financial advisor before making any investment decisions. The content on the Website or any form of digital or published communications and or trading tools are subject to change at any time without notice. It is your responsibility to check back to keep yourself updated and aware of any such changes.

No statements or information presented in any form by Monolith Quant Research Inc. is intended as fact, and you agree that you will not consider the statements or information presented on the website, Zoom and/or Discord as fact or as a guarantee of future performance and/or financial advice. Any and all commentary, opinions, news, research, analysis, highlights, content, instruction, prices, or other information contained on the website are provided as general commentary, and do NOT constitute investment advice or professional advice of any kind.

Risk Disclaimer
Trading is risky & most day traders lose money. All content is to be considered hypothetical, selected after the fact, in order to demonstrate our product and should not be construed as financial advice. Decisions to buy, sell, hold or trade in cryptocurrencies, currencies, equities, futures, options, stocks, bonds, cfds, securities, commodities and other investments and/or of any other financial instrument including but not limited to derivative products involve risk and are best made based on the advice of qualified financial professionals. Past performance does not guarantee future results. The risk of loss in trading can be substantial. Your loss can be greater than your initial investment, trade at your own risk. Trading and/or investing is a very high-risk activity where loss including but not limited to finances, equity and/or health. You should therefore carefully consider whether such trading is suitable for you.

Hypothetical, Simulated and/or Backtesting Performance Disclaimer
Hypothetical, simulated and/or backtesting performance results have certain limitations, unlike an actual performance record, simulated and/or backtesting results do not represent actual trading. Since no real time trades have been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as slippage and/or lack of liquidity. Simulated trading and/or backtesting programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any “user” will or is likely to achieve profit or losses similar to those shown.

Monolith Quant Research Inc. Is Not An Investment Adviser
Monolith Quant Research Inc. is not registered as an investment advisor. As such, Monolith Quant Research Inc. does not offer or provide financial/investment advice of any sort. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites including but not limited to Discord, and/or Zoom may be deemed to be “investment advice”, such information is impersonal and not tailored to the investment needs of any specific person. The information contained within this, and/or, associated websites, is provided for informational and educational purposes only.

Any information on our website or by us or by any member and/or user on Discord and/or Zoom should not be construed as investment or trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by Monolith Quant Research Inc. on the website, over Zoom and/or Discord and the products and services of Monolith Quant Research Inc. is solely incidental to the business and activities of Monolith Quant Research Inc. in providing educational tools for research purposes.

Testimonials Disclaimer
Testimonials appearing on this website, Zoom, Discord and/or word of mouth including but not limited to referrals, may not be representative of other clients or customers and are not a guarantee of future performance or success. Any trading results depicted in testimonials are not verified and we have no basis for believing that the individual experiences depicted are typical considering that results will vary given many factors such as skill, risk management, level of experience and the fact that trading itself is a very high-risk activity where loss can include but not be limited to finances, equity and/or health.

We do not have access to the personal exchanges, trading accounts or brokerage statements of our customers. As a result, we have no reason to believe our customers perform better or worse than traders as a whole based on any content or tool we provide.

Affiliate Disclaimer
The Website contains various links to external websites that are not created, maintained, or monitored by Monolith Quant Research Inc. and which may compensate Monolith Quant Research Inc. for purchases made of advertised products and/or services. Monolith Quant Research Inc. does not guarantee the accuracy, relevance, timeliness, or completeness of any information, products, or tools on such external links.

Informational and Educational Purposes Only
Monolith Quant Research Inc. and the tools provided do NOT offer or provide personalized investment advice. The indicators, strategies, algorithms, tools, data, content, and information offered are impersonal and not customized to meet the investment needs of any individual. As such, the tools, scanners, data, content, and information are provided solely for informational and educational purposes only.

The tools and services Monolith Quant Research Inc. offers are provided to help you research and evaluate markets based on your individual criteria and inputs, and those individual criteria, sorting and inputs are controlled and entered solely by you. Use of the tools and services does not indicate or guarantee any predictable, general, specific or other results and should not be the sole basis for any investment decision or transaction. If you choose to rely on our tools, services, or any such data, content, or information, including but not limited to content within Discord, Zoom, by us or any member and/or user, you do so at your own risk and fully acknowledge, understand, and agree that you are solely responsible for your investment research and decisions. You also remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, cryptocurrencies, currencies, equities, futures, options, stocks, bonds, cfds, commodities and other investments and/or of any other financial instrument including but not limited to derivative products.

Monolith Quant Research Inc. does not and will not provide you with any legal, tax, estate planning, financial or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. The data, content and information within the tools, indicators and/or strategies should not be construed as investment or trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any securities or to engage in any other transaction.

Website Disclaimer
By viewing any material or using the information within this website, you agree that this is general education material, and you will not hold any person or entity responsible for loss or damages resulting from the content or general information provided by Monolith Quant Research Inc.

This website cannot accept responsibility for any errors or omissions to the accuracy of information contained on this website. Visitors and users should seek advice from an independent financial advisor before buying or selling securities. Monolith Quant Research Inc. and all affiliated parties are not registered as financial advisors.

This website and all individuals and entities affiliated with this website assume no responsibility for your trading results or investments. Also, our partners or affiliated companies are in no way associated with the proprietary information provided by this website.

Discord® is a registered trademark of Discord Inc. Discord has no affiliation with the owner, developer, or provider of the products or services described herein, or any interest, ownership or otherwise, in any such product or service, or endorses, or recommends any such product or service.

Zoom® is a registered trademark of Zoom Video Communications, Inc. Zoom has no affiliation with the owner, developer, or provider of the products or services described herein, or any interest, ownership or otherwise, in any such product or service, or endorses, or recommends any such product or service.

TradingView® is a registered trademark of TradingView, Inc. TradingView has no affiliation with the owner, developer, or provider of the products or services described herein, or any interest, ownership or otherwise, in any such product or service, or endorses, or recommends any such product or service.

No Reverse Engineering
Users will not attempt to reverse engineer our strategies, indicators or algorithms. If any user attempts to reverse engineer our strategy indicator, algorithm or training tools, they will have their membership, products and services revoked without warning and without refund.

Anti-Sharing, Anti-Profiteering
No user shall share, resell and/or attempt to profit off of our strategy indicator, algorithm or training tools. Any attempts will result in the user's membership, products and services revoked without warning and without refund.

Right to Revoke Membership, Subscription, Product and/or Services
We reserve the right to revoke a user’s membership subscription at any time without reason or cause, without refund. We reserve the right to restrict access to our strategy indicator algorithm and also restrict access to our private Discord community at any time.

Accuracy of Information
Monolith Quant Research Inc. will strive to ensure accuracy of information provided although it will not hold any responsibility for any missing or wrong information. You understand that you are using any and all information available here at your own risk. You should take adequate steps to verify the accuracy and completeness of any information.

No Investment Advice
You should conduct your own due diligence and consult your own financial advisor before making any investment decision. Monolith Quant Research Inc. will not be held responsible for the investment decisions you make based on the information or tools provided by Monolith Quant Research Inc.

All Trading Strategies Are Used at Your Own Risk
Any product, service, tool and/or content provided by Monolith Quant Research Inc. or any of our partners or affiliates, should not be relied upon as advice or construed as providing recommendations of any kind. It is your responsibility to confirm and decide which trades to make and strategy indicator settings to use. Past results are no indication of future performance.

Monolith Quant Research Inc. as well as its partners or affiliates are not responsible for any losses incurred as a result of using any of the trading strategies or trading indicators derived from content provided therein or within our Discord community and/or Zoom. Information provided in this disclaimer is intended solely for informational purposes. Information is in no way guaranteed. No guarantee of any kind is implied or possible where projections of future conditions are attempted.

None of the content published or provided on our website, Discord, and/or Zoom constitutes a recommendation of any particular cryptocurrencies, currencies, equities, futures, options, stocks, bonds, cfds, securities, commodities and other investments and/or of any other financial instrument including but not limited to derivative products.

The services, products, tools, content, Discord community (and content within), and/or Zoom that are provided by Monolith Quant Research Inc. are solely for educational purposes. You acknowledge that you enter into any trades relying on your own judgment.

18. CONFIRMATION OF AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.