The Overnight Desk · Legal

Terms of Service

Effective date: October 1, 2026

These Terms of Service ("Terms") govern your use of The Overnight Desk newsletter, website at theovernightdesk.com and related content (together, the "Service"). The Service is operated by The Overnight Desk Team ("we", "us", "our"). By subscribing to or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

01The Service

The Overnight Desk is a free pre-market newsletter about stocks, crypto and the economy, written for readers in the United States. It is sent every weekday at 6:00 AM ET. The newsletter and website are hosted on beehiiv, a third-party platform.

We may change, pause or stop any part of the Service at any time, including its format, schedule or content. We may also offer optional paid features in the future, which may come with additional terms.

02Eligibility

You must be at least 18 years old, or the age of majority where you live, to use the Service. By subscribing, you confirm that you meet this requirement and that the email address you provide is yours.

03Not investment advice

Please read this section carefully.

The Overnight Desk is published for informational and educational purposes only. Nothing in the Service is investment, financial, legal, tax or accounting advice, and nothing is a recommendation, offer or solicitation to buy, sell or hold any security, cryptocurrency, digital asset or other investment.

  • Our content is general and impersonal. It does not consider your financial situation, goals, risk tolerance or needs.
  • Mentions of a company, ticker, token, fund, price level or strategy are not endorsements or calls to action.
  • Past performance is not a guarantee of future results. Forecasts, estimates and opinions may be wrong.
  • You are solely responsible for your own investment decisions. Do your own research and consider speaking with a licensed financial professional before making any investment.

Disclosure: The Overnight Desk Team may hold positions in assets discussed. Nothing here is investment advice.

04No adviser or broker relationship

The Overnight Desk Team is not a registered investment adviser (RIA), broker-dealer, financial planner or financial institution, and is not registered with the US Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), any state securities regulator, or any similar regulator in any other country.

Subscribing to the Service, reading it, or contacting us does not create an adviser-client, broker-customer, fiduciary or any other professional relationship between you and us. We do not manage money, execute trades or handle client funds.

05Investing risk

Investing involves risk, including the possible loss of your entire principal. Stocks, options, futures, cryptocurrencies and other digital assets can be highly volatile. Crypto assets may be lightly regulated, may lose all of their value, and may be affected by hacks, fraud or exchange failures. Pre-market and after-hours trading carry extra risks, including lower liquidity and wider price swings. Never invest money you cannot afford to lose.

06Data accuracy

We work hard to be accurate, but market data, prices, economic figures and news in the Service may be delayed, incomplete or inaccurate. Information is often gathered overnight from third-party sources, and markets can move significantly between the time we write an issue and the time you read it. Do not rely on the Service for real-time data or trading decisions. Always check information with an official or primary source before acting on it.

We may correct errors when we find them, but we have no obligation to update past issues.

07Our positions and conflicts

Members of The Overnight Desk Team may own, buy or sell assets mentioned in the Service, before or after publication. We do not tell you when we trade. You should assume that any asset discussed may be held by someone involved in writing about it.

The Service may include sponsored content, labeled ads and affiliate links. When it does:

  • Sponsored content and ads are always labeled as such.
  • Affiliate links are always labeled next to the link. If you click one and make a purchase, we may earn a commission at no extra cost to you.
  • Any paid mention of a security or digital asset will state who paid and how much.
  • A sponsorship or affiliate relationship is not an endorsement, and we are not responsible for the products, services or claims of sponsors or advertisers. Your dealings with them are solely between you and them.

09No paid promotion of tokens or penny stocks

We do not accept payment, tokens, shares or any other compensation to promote cryptocurrency tokens, micro-cap stocks, over-the-counter (OTC) stocks or penny stocks. If you ever see a message claiming to be from The Overnight Desk that promotes one of these, it is not from us. Please report it to desk@theovernightdesk.com.

10Paid subscriptions and referral rewards

Paid tier. If we offer a paid subscription in the future, its price, billing period, renewal and cancellation terms will be shown to you before you buy, and those terms will form part of these Terms.

Referral program. If we run a referral program, rewards are offered at our discretion, have no cash value unless we say otherwise, and may be changed or ended at any time. We may withhold rewards for referrals that are fake, self-generated, automated or otherwise abuse the program.

11Intellectual property

The Service, including the newsletter issues, text, charts, graphics, logos, name and design, is owned by The Overnight Desk Team or its licensors and is protected by copyright, trademark and other laws.

You may read the Service for your own personal, non-commercial use, and you are welcome to forward an issue in full to a friend or share a link to our website. You may not, without our written permission:

  • Republish, sell, license or redistribute our content, in whole or in substantial part.
  • Remove or change any copyright, disclaimer or attribution notice.
  • Use our name or logo in a way that suggests we endorse you or your product.

Brief quotes with clear credit to The Overnight Desk and a link to theovernightdesk.com are fine.

12Acceptable use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any law, including securities laws.
  • Subscribe someone else without their permission, or use fake or automated sign-ups.
  • Scrape, copy or harvest content or data from the Service with bots, scrapers or other automated tools, including to train artificial intelligence models, without our written permission.
  • Interfere with, overload or try to gain unauthorized access to the Service or beehiiv's systems.
  • Impersonate The Overnight Desk or the Team, or misrepresent your connection to us.
  • Send us spam, malware, or abusive, threatening or harassing messages.

13Your feedback

If you reply to an issue or send us questions, ideas or feedback, you give us permission to use it to improve the Service, without payment to you. If we quote you in the newsletter, we will not publish your name or email address without your permission.

The Service contains links to third-party websites, data sources and services, including beehiiv. We do not control them and are not responsible for their content, accuracy, privacy practices or availability. Your use of them is at your own risk and governed by their terms.

15Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR DELIVERED ON SCHEDULE.

16Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE OVERNIGHT DESK TEAM AND ITS MEMBERS, CONTRIBUTORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING OR INVESTMENT LOSSES, LOSS OF DATA OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF, OR RELIANCE ON, THE SERVICE, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits any rights you have that cannot be waived under applicable law.

17Indemnity

You agree to defend, indemnify and hold harmless The Overnight Desk Team and its members, contributors and service providers from any claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising from your violation of these Terms, your misuse of the Service, or your violation of any law or the rights of another person.

18Termination

You can stop using the Service at any time by clicking the unsubscribe link at the bottom of any email.

We may suspend or end your subscription or access to the Service at any time, with or without notice, including if we believe you have violated these Terms. Sections that by their nature should survive termination will survive, including those on investment advice, intellectual property, disclaimers, limitation of liability, indemnity and governing law.

19Changes to these Terms

We may update these Terms from time to time. When we do, we will change the effective date at the top. If the changes are significant, we will tell subscribers by email or with a notice on our website before they take effect. If you keep using the Service after changes take effect, you accept the updated Terms. If you do not agree, please unsubscribe.

20Governing law

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Service will be brought only in the state or federal courts located in New York County, New York, and you and we consent to their jurisdiction. If you live outside the United States, you may also have mandatory consumer protection rights under the laws of your country that these Terms do not override.

21General

  • Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and us about the Service.
  • Severability: if any part of these Terms is found unenforceable, the rest stays in effect.
  • No waiver: if we do not enforce a provision, that does not waive our right to enforce it later.
  • Assignment: you may not transfer your rights under these Terms. We may transfer ours, for example if the Service is sold or transferred.

22Contact us

Questions about these Terms:

  • Email: desk@theovernightdesk.com
  • Mail: The Overnight Desk Team, 228 Park Ave S, #29976, New York, New York 10003, United States

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