Terms of Use

Market Clubhouse Disclosure Policy and Terms of Use

Market Clubhouse, LLC (“Market Clubhouse”) is a company that represents individuals and private investors who may teach and may learn from each other.

Individual posts are not meant as a financial recommendation or endorsement of that stock in any way, it is purely educational and to be used as an example to help learn the overall process.

Day-Trading Risk Disclosure Statement
You should consider the following points before engaging in a day-trading strategy. For purposes of this notice, a “day-trading strategy” means an overall trading strategy characterized by the regular transmission by a customer of intra-day orders to effect both purchase and sale transactions in the same security or securities.
Day trading can be extremely risky. Day trading generally is not appropriate for someone of limited resources and limited investment or trading experience and low risk tolerance. You should be prepared to lose all of the funds that you use for day trading. In particular, you should not fund day-trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or funds required to meet your living expenses. Further, certain evidence indicates that an investment of less than $50,000 will significantly impair the ability of a day trader to make a profit. Of course, an investment of $50,000 or more will in no way guarantee success.
Be cautious of claims of large profits from day trading. You should be wary of advertisements or other statements that emphasize the potential for large profits in day trading. Day trading can also lead to large and immediate financial losses.
Day trading requires knowledge of securities markets. Day trading requires in-depth knowledge of the securities markets and trading techniques and strategies. In attempting to profit through day trading, you must compete with professional, licensed traders employed by securities firms. You should have appropriate experience before engaging in day trading.
Day trading requires knowledge of a firm’s operations. You should be familiar with a securities firm’s business practices, including the operation of the firm’s order execution systems and procedures. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a stock suddenly drops, or if trading is halted due to recent news events or unusual trading activity. The more volatile a stock is, the greater the likelihood that problems may be encountered in executing a transaction. In addition to normal market risks, you may experience losses due to system failures.
Day trading will generate substantial commissions, even if the per trade cost is low. Day trading involves aggressive trading, and generally you will pay commissions on each trade. The total daily commissions that you pay on your trades will add to your losses or significantly reduce your earnings. For instance, assuming that a trade costs $16 and an average of 29 transactions are conducted per day, an investor would need to generate an annual profit of $111,360 just to cover commission expenses.
Day trading on margin or short selling may result in losses beyond your initial investment. When you day trade with funds borrowed from a firm or someone else, you can lose more than the funds you originally placed at risk. A decline in the value of the securities that are purchased may require you to provide additional funds to the firm to avoid the forced sale of those securities or other securities in your account. Short selling as part of your day-trading strategy also may lead to extraordinary losses, because you may have to purchase a stock at a very high price in order to cover a short position.


Market Clubhouse uses various forums to help educate and teach our clients. Sometimes, when we use the examples of individual listings, these listings do not perform as hoped or even result in a loss. This is a great way for Market Clubhouse to demonstrate that the market has no guarantees and that even members of Market Clubhouse will make unprofitable decisions. Market Clubhouse makes no guarantee as to any performance in the market and the individual examples from our team, whether profitable or not, are intended to act solely as an example and not as specific financial advice.

Market Clubhouse, it’s owners’, employees and/or any affiliates, (hereinafter referred to as “WE”) are NOT regulated or registered investment advisors, nor are they regulated or registered for investment advisory services, nor regulated or registered as analysts, nor regulated or registered broker-dealers.

You confirm that you are aware of the absence of any regulated or registered person/entity in the provision of this educational service.

You must seek a duly licensed/registered professional for investment advice. All information provided herein is in general for information and educational purposes and is provided without regard to any subscriber’s individual investment goals, financial circumstances, investment knowledge, abilities or personal attitudes toward risk.

WE do not conduct a review of your suitability for this service or its contents. You must seek independent professional advice to ascertain your suitability to join this educational service.

Investors can and do lose money from investments. Option trading involve substantial risk and are not suitable for all investors. Trading in some products and strategies may result in losses far exceeding your initial investment.

Opinions, views, News, data and ideas are derived from public sources and other sources believed to be sound, without verification or guarantee of reliability.

WE are not advising, and will not advise anyone concerning the nature, potential, price, value or suitability of any particular investment. All materials provided, verbally or in writing are provided for informational and educational purposes only. You are advised to seek a duly licensed professional for advice with regards the risks involved in participating in the equity or futures market and with trading stocks, options, commodities and futures. You are encouraged to conduct your own research and seek independent and appropriate professional advice prior to undertaking any transaction.

You warrant that you are aware that Market Clubhouse, it’s owners, employees and/or any affiliates may hold positions in stocks, options, futures or other instruments, which may be discussed in its services. WE may discuss these instruments without the need for any further disclosure with regards to our positions.

By agreeing to these Terms of Services you agree to release and hold, Market Clubhouse, it’s owners and/or any affiliates completely harmless from any and all losses that may occur for any reason or cause, including negligence on the part of Market Clubhouse, it’s owners and/or any affiliates, when relying on any information contained within the Market Clubhouse Discord chat room, or in any communications including but not limited to web meetings, phone calls, emails, web site information, Direct Messages through any medium or posts, tweets or any internet/telecommunication facility.

If you are not fully conversant with risks involved with trading options, you will find this service is inappropriate for you. We encourage you to review the course material offered by the CBOE. Be sure to read the OCC’s Characteristics and Risks of Standardized Options to learn more about options trading which can be found at https://www.theocc.com/Company-Information/Documents-andArchives/Options-Disclosure-Document. We also encourage you to utilize the information at the SEC (http://www.sec.gov) and the Financial Industry Regulatory Authority (FINRA) at (http://www.FINRA.org). Public filings are available at SEC’s EDGAR page. FINRA has published information on how to invest carefully at its website.

WE advise that you seek advice from your professional investment advisor and/or do your own independent research before acting on information that you read here.

All information including articles and charts are the property of Market Clubhouse. Nothing may be republished without the written permission of Market Clubhouse.

You acknowledge and agree that the Market Clubhouse services may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties.

No content provided by the Market Clubhouse service, may not be sold, reproduced, reposted to any other website, Chat service/Forum, Social Media service or distributed or shared, in whole or in part without the written permission of Market Clubhouse. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

Any forms of data, content, or communication, including but not limited to social media platforms (i.e. Twitter, Facebook, YouTube, Stocktwits, etc..), instant messaging or video chatting platforms (i.e. Skype, Google Hangouts, etc..), online chatrooms or message boards, phone calls, and text messaging, with any director, officer, shareholder, employee, agent, or affiliate of the site is strictly for entertainment purposes only. Any opinions expressed by any director, officer, shareholder, employee, agent, or affiliate of the site should be treated strictly as solely independent opinions and should NOT in any way be misconstrued as financial advice or a recommendation to buy or sell any securities.

Market Clubhouse cannot, and does not, assume the responsibility, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You understand, agree, and acknowledge that it is your sole responsibility to exercise your own due diligence to conduct investment research and make decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.

The chatrooms on the site are comprised of individuals (including, without limitation, moderators) posting content and information. All such information and content is for entertainment purposes only and does not constitute advice or a recommendation by Market Clubhouse to buy or sell any securities or engage in any of the financial strategies reflected on or suggested in the chatrooms on the site. Individuals (including, without limitation, moderators) may make posts about securities in which they have a financial or other potential conflict of interest, and performance data reflecting other individual’s holdings may include information about securities not held by Market Clubhouse or its directors, officers, shareholders, employees, contractors, agents, and affiliates. Market Clubhouse is, thereby, not responsible for the accuracy of data, content or information or any performance data in the chatrooms on the site; and the accuracy of data, content, information or any performance data are not guaranteed, may not be current and should not be relied upon to make reliable financial decisions. Nothing in any chatroom is intended as, nor should you rely on it as, investment or financial advice provided by Market Clubhouse or its directors, officers, shareholders, employees, contractors, agents, and affiliates.

Market Clubhouse does not control, and does not endorse, any data, content, or information posted on the chatroom or on the site. You understand, acknowledge and agree that your participation on the chatrooms or on the site is at your own risk, and Market Clubhouse expressly disclaims responsibility for any such data, content or information. Market Clubhouse reserves the right, but is not obligated, to review and take down any data, content or information. You understand, agree, and acknowledge that by accessing the chatrooms on the site, you may be exposed to material that you deem to be offensive, indecent, obscene, or objectionable. Under no circumstances will you hold Market Clubhouse, or its directors, officers, shareholders, employees, contractors, agents, and affiliates, liable for any such content posted, displayed, or made available through the chatrooms on the site or on the site, or for any loss or damage of any kind incurred as a result of your use of the chatrooms on the site.

You understand, agree, and acknowledge that chatroom moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational, educational, and entertainment purposes only. Moderator commentary is subjective and opinionated and does not constitute any recommendation whatsoever to buy or sell any securities or be misconstrued as investment or financial advice, and you should not rely on such opinions and ideas which may not be complete or accurate. Any products, goods, or services on the site and the site are available for informational, educational, and entertainment purposes only. None of the information contained in the site constitutes, or is intended to constitute, a recommendation by us to engage in buying or selling any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific individual.

You understand, acknowledge and agree that MODERATOR results may be based on simulated or hypothetical performance, and such results have certain inherent limitations. Unlike the results shown in an actual performance record, such results do not represent actual trading. Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that You may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results.

You understand, acknowledge and agree that, for informational, educational, and entertainment purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades.

You understand, acknowledge and agree that Market Clubhouse and its directors, officers, shareholders, employees, contractors, agents, and affiliates are not obligated to notify you as to which trades and returns are real versus simulated or hypothetical, and that Market Clubhouse, and its directors, officers, shareholders, employees, contractors, agents, and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide Market Clubhouse any data.

Through your use of the site, You expressly contract and consent to the operations of Market Clubhouse (including the moderator actions and omissions discussed above) and release Market Clubhouse, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to lose.

No Outside Affiliations
Market Clubhouse has no affiliations with companies or investment houses. As such, any educational individual listings are purely based upon one of our personal beliefs and research, not on any outside influence or possible bias. Market Clubhouse does not employ licensed financial advisors and any information received from Market Clubhouse is not intended to be financial, legal, or tax advice in any way. Market Clubhouse in no way is expressing an opinion on the value of securities or the advisability of investing in, purchasing, or selling securities.

Education of Investor Public
Market Clubhouse is simply trying to further the collective knowledge about investing and each comment or individual example is not a recommendation but is instead an idea for further consideration. It is also part of a bigger goal of educating and teaching the investor public so that he or she can more confidently and more intelligently make investment decisions on his or her own. By visiting and using this website (www.marketclubhouse.club and the Market Clubhouse Discord Channel –  collectively “The Sites”), you agree to accept these Terms of Use (“TOU”). The TOU governs your access to and use of The Sites. Please read this entire document carefully and if you disagree with the TOU in any way, then do not use The Sites or any of the possible services associated with The Sites.

Access to The Sites
Market Clubhouse does not guarantee that access to The Sites will remain uninterrupted or error free, and Market Clubhouse shall not be liable for any feature not being accessible or for any unavailability of The Sites or Associated Services. Market Clubhouse may also, in our sole discretion, at any time, discontinue providing, temporarily or permanently, any or all of The Sites or Associated Services, without notice.

Market Clubhouse does not provide information or services to minors. Even with parental consent, Market Clubhouse does not provide information or services to minors. If you are under the age of 18-years-old, do not use this site, The Sites, or any of the Associated Services. If you lie about your age and we find out, we will immediately suspend your account with no refunds.

No Individual Investment Advice
Market Clubhouse does not provide individual or customized legal, tax, accounting, or investment services. Since each individual’s situation is unique, a qualified professional should be consulted before making financial decisions.

Message Web Site Content Limitations
Market Clubhouse makes no guarantees as to the accuracy, thoroughness, or quality of the information on The Sites or through the Associated Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at each user’s sole risk. This information may be provided by third parties and Market Clubhouse shall not be responsible or liable for any errors, omissions or inaccuracies in The Sites content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the U.S. or Canada and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and the Associated Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any postings on The Sites are solely those of the individual investor and do not reflect the opinions of Market Clubhouse or its management. The Sites’ content and services may be modified at any time by us, without advance notice or reason, and Market Clubhouse shall have no obligation to notify you of any corrections or changes to any of The Sites’ content.

Third-Party Content
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through The Sites by third parties (“Third-Party Content”) are solely those of their respective providers and not of Market Clubhouse which does not guarantee the accuracy, completeness, reliability, or usefulness of Third-Party Content. It is your responsibility to evaluate Third-Party Content and Market Clubhouse shall not be liable for any damage or loss caused by your reliance on or other use of Third-Party Content.

PLEASE NOTE: Market Clubhouse does not provide tax, accounting, legal, investment, or financial services. The information available through The Sites or Associated Services is provided solely for informational purposes on an “as is” basis at the user’s sole risk. The information is not meant to be and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. Market Clubhouse makes no guarantees as to the accurateness, quality, or completeness of the information and Market Clubhouse shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. Each individual, also known as user, is solely responsible for verifying the information as being appropriate for the user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While Market Clubhouse may edit posts or listings on The Sites, these edits do not endorse any particular financial, legal, accounting, or tax professionals, and is not responsible for any erroneous reliance by the user. Market Clubhouse is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association.

You agree to indemnify and hold Market Clubhouse harmless from and against any claims arising out of or related to your participation in The Sites or Associated Services, including those alleging that your participation in Associated Services violates any law or regulation or infringes or otherwise violates any intellectual property or other proprietary right of any person or entity.

Each service, including but not limited to, a subscription package (collectively the “Associated Services”) is offered for a certain price as listed on the relevant landing page. All fees are in U.S. dollars. To purchase the Associated Services, you must provide one or more Payment Methods. You represent and warrant that you are authorized to use any and all Payment Method(s) you use to purchase the Associated Services. You agree to pay for all Market Clubhouse products and services that you purchase, and agree that we may charge your selected payment method through our third-party payment processor for any such payments. If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to the Associated Services. For some Payment Methods, the issuer may also charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your provider for details. “Payment Method” means a current, valid, accepted method of payment as may be updated from time to time and which may include payment through your account with a third party).

We use a secure third-party payment processor(s) for the Associated Services. These payment processors accept payment methods as detailed on the payment page. Information that you supply to our payment processors is not stored or controlled by us and is subject to the third-party payment processors’ privacy policy and terms and conditions. To the extent allowed under applicable law, we disclaim all liability with regard to any problems you have with any third-party payment processors.

Compliance with Laws
You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any Associated Services. Further, access to our Associated Services from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your purchase and/or viewing of the Associated Services if you reside outside the United States or in the state of California.

Subscription Services
Included as part of the Associated Services, Market Clubhouse may offer certain paid subscription services in certain regions. If you enroll in any Market Clubhouse paid subscription service, your subscription will continue month-to-month until terminated. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically or want to change or terminate your subscription, please go to https://marketclubhouse.memberful.com/account and submit the requested change or termination. To use the Market Clubhouse subscription service you must have internet access and provide us with one or more Payment Methods.

Unless you cancel your subscription(s) before your monthly billing date, you authorize us to charge your next week’s/month’s/year’s subscription fee to your Payment Method. You also authorize Market Clubhouse to charge you for any sales or similar taxes that may be imposed on your subscription payments. Such fees will be charged on the calendar day corresponding to the commencement of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. In order to see your next payment date, please contact us at https://marketclubhouse.memberful.com/account.

Payment Methods and Subscriptions: In order to enroll in a Market Clubhouse paid subscription service, you must provide one or more Payment Methods. We may update your Payment Method using information provided to us by our payment processors. Following an update, you authorize us to continue to charge the applicable Payment Method(s). You agree to promptly update all information to keep your Payment Methods current, complete, and accurate (such as change in billing address, card number, or expiration date), and you must promptly notify Market Clubhouse if your Payment Method is canceled (or if you lose your credit card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or Account password). Changes may be made by going to https://marketclubhouse.memberful.com/account and submitting an updated payment method which will be received by our payment processor. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for all unpaid amounts. If any payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may terminate your access to the service until we have successfully charged a valid Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Market Clubhouse may in its discretion terminate your account immediately. If Market Clubhouse successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

Refunds and Cancellations
Due to the nature of the service offered, there are no refunds under any circumstances.
You can cancel your subscription at any time. To cancel, please go to https://marketclubhouse.memberful.com/account and submit the cancellation information. If you cancel your subscription, regardless if you are on a weekly, monthly, or annual subscription, you agree to let your account be billed up to the next billing cycle but not for more than 60 days. Upon cancellation, Market Clubhouse will automatically close your account at the end of the last billing period. In the event you cancel your subscription, please note that we may still send you promotional communications about Market Clubhouse products and services, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Price and Subscription Plan Changes: We may change the subscription plans available and / or the price of our service from time-to-time, provided that any price changes will apply to you no earlier than 30 days following notice to you. We may offer several different subscription plans, including special promotional plans and some plans may have different terms and conditions, which will be provided to you at sign-up or through other communications to you.

This TOU states that any disputes between you and Market Clubhouse must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in the section below.
In the interest of resolving disputes between you and Market Clubhouse in the most expedient and cost-effective manner, you and Market Clubhouse agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this TOU will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

Claims To Be Resolved By Binding Arbitration
You and Market Clubhouse agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior TOU; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this TOU.

Notwithstanding the information above, you and Market Clubhouse agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

Selection of the Arbitrator
Any arbitration between you and Market Clubhouse will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this TOU, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Market Clubhouse.

Notice and Process
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Market Clubhouse should be addressed to: Market Clubhouse LLC, 651 North Broad Street, Suite 201, Middletown, DE 19709 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and Market Clubhouse do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Market Clubhouse may commence an arbitration proceeding.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Middletown, Delaware. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Limitations to Arbitration
You and Market Clubhouse both agree that if an arbitration is filed, the claim will be limited to three (3) witnesses for each party and a total of 200 pages for each party.

No Class Actions
Unless both you and Market Clubhouse agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If you are a new Market Clubhouse user, you can choose to reject the arbitration agreement contained in this Section (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept this TOU for the first time. You must mail the Opt-Out Notice to the Notice Address listed in this Section, above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the username(s) and email address(es) associated with the Market Clubhouse account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this TOU will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Market Clubhouse.

If Market Clubhouse makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Market Clubhouse shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.

Severability and Enforceability
In the event that any part of this TOU is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Entire Agreement
This TOU constitutes the entire and exclusive understanding and agreement between you and Market Clubhouse regarding your use of and access to the Associated Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

No Waiver
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this TOU constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Paragraph Headers
Use of paragraph headers in this TOU is for convenience only and shall not have any impact on the interpretation of particular provisions.

Partner Terms
In some instances, Market Clubhouse’s third-party partners require that Market Clubhouse users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and Market Clubhouse’s Terms of Use, Market Clubhouse’s Terms of Use govern and control.

Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.