YOU BEAR RESPONSIBILITY FOR YOUR OWN INVESTMENT RESEARCH AND DECISIONS AND ARE STRONGLY URGED TO CONDUCT A COMPLETE AND INDEPENDENT INVESTIGATION OF ANY POTENTIAL INVESTMENT, INCLUDING ALL PERTINENT RISKS ASSOCIATED WITH IT. THE COMPANY URGES YOU TO CONSULT YOUR OWN INDEPENDENT TAX, BUSINESS, FINANCIAL AND INVESTMENT ADVISORS BEFORE MAKING ANY INVESTMENT DECISIONS.
1. General. Thank you for visiting Stocks for the Week, LLC (“SFTW”) which owns or has rights to the various applications available at various websites. These terms of service govern your use of any product or services of SFTW including, without limitation, the SFTW websites and applications (collectively the “SFTW Services”). By accessing or using the SFTW Services, you signify that you have read, understood, and agree to be bound by these terms of service (“Terms of Service“).
2. No Investment Advice; Securities Disclaimers.
You acknowledge that:
(i) SFTW is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority;
(ii) SFTW and its directors, officers, affiliates, employees, agents, or representatives (collectively, the “Company“) may hold positions in the securities about which information may be contained on or accessible through the SFTW Services;
(iii) SFTW serves as a discretionary investment manager to one or more accounts for which it buys and sells securities. In providing its investment management services to these discretionary accounts, SFTW utilitizes the SFTW Services with a discretionary overlay pursuant to which SFTW’s principal decides which of the SFTW Services’ signals to implement.
(iv) the SFTW Services are provided for information purposes only and are not intended for trading purposes;
(v) the SFTW Services may include certain information taken from stock exchanges and other sources from around the world, although it may not include all information that is relevant to any particular investment decision;
(vi) Company does not guarantee the sequence, accuracy, completeness, or timeliness of the SFTW Services;
(vii) the provision of certain parts of the SFTW Services is subject to the terms and conditions of other agreements to which SFTW is a party;
(viii) none of the information contained on or accessible through the SFTW Services constitutes a solicitation, offer, opinion, or recommendation by the Company to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and
(ix) the information contained on or accessible through the SFTW Services is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, notwithstanding anything to the contrary herein, the Company and its successors and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any:
(a) inaccuracies or errors in or omissions from the SFTW Services including, but not limited to, quotes and financial data;
(b) delays, errors, or interruptions in the transmission or delivery of the SFTW Services; or
(c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
3. Authorized Users. These Terms of Service form a legally binding contract between you and SFTW. By using any SFTW Services, you affirm that you are at least 18 years of age. If you are under the age of 18 years, you may not access or use the SFTW Services without the consent of your parent or guardian and his or her agreement to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You may not access or use the SFTW Services if you are unable to form a legal binding agreement with SFTW. If at any time you choose not to accept these Terms of Service, you should not access or use the SFTW Services.
4. Revisions. You agree to check the SFTW applicable periodically for new information and terms that govern your use of SFTW Services. SFTW reserves the right to modify the Terms of Service at any time with or without notice to you. Terms for new SFTW Services are effective immediately upon posting at the SFTW website or through your continued use of the SFTW Services. SFTW may, at its sole discretion, and at any time, discontinue any SFTW Services or any part thereof, with or without notice to you, or may prevent your use of the SFTW Services with or without notice to you.
5. SFTW Information. Information provided by SFTW, its affiliates, employees, agents, representatives, licensors, or other third party partners (“SFTW Information“) is the property of SFTW and is protected by appropriate trademark, copyright, trade secret or other related laws both in the United States and internationally. You bear the entire risk of the completeness, accuracy or usefulness of the SFTW Information found through the SFTW Services.
6. Removal of User. SFTW reserves the right (but has no obligation) to remove, block, edit, move or disable any user at any time that is objectionable to us for any reason. The decision to remove any user at any time is in SFTW’s sole and final discretion.
7. License Grant. SFTW grants you a personal, limited, non-transferable, non-exclusive license to use SFTW Information solely for your personal, private and non-commercial use in connection with the SFTW Services accessed by you. You may not copy or download any SFTW Information from any SFTW Service except with the prior written approval of SFTW or the owner of such SFTW Information. In addition, without the prior written approval of SFTW, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decoSFTWle, disassemble, reverse engineer or otherwise make unauthorized use of SFTW Information. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to SFTW Information. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the SFTW Services you are using.
Making unauthorized copies or distribution of SFTW Information may result in the termination of your access to the SFTW Services, prohibition on use of SFTW Services, and further legal action. Any owner of the SFTW Information may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify, defend and hold harmless SFTW, its affiliates, employees, agents, representatives, licensors or other third party partners from any breach of these Terms of Services, any unauthorized or illegal conduct by you, or through the use of the SFTW Services.
8. SFTW Services Availability. SFTW does not guarantee that any SFTW Services or SFTW Information will be available at all times or at any given time or that we will continue to offer particular SFTW Services or SFTW Information for any particular length of time.
9. Paid Services. FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
- Some SFTW Services require payment of a fee. For information about subscription and other fees for particular services, visit the SFTW application or website from which you purchased the SFTW application. SFTW reserves the right to change our fees or billing methods at any time. If your use of SFTW Services is subject to use or sales tax, then SFTW may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit the SFTW application or website from which you purchased the SFTW application.
- No Refunds.You may cancel your subscription at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, SFTW has the right at any time for any reason or no reason to suspend or terminate this Agreement, or refuse any and all current or future use of the SFTW Services without notice, refund, obligation, or liability to you. In the event that SFTW suspends or terminates your Account or these Terms of Service you understand and agree that you shall receive no refund or exchange for any SFTW Information or for anything else.
10. Third-Party Sites. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to SFTW. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Such third party web sites may have separate terms and conditions that you may have to comply with.
11. Termination of SFTW Services, Accounts and Entitlements.
You shall not allow any third party to use your Accounts (except, a parent or guardian if you are under the age of 18).
12. Account Cancellation. You have the right to cancel your Account or a particular subscription to an SFTW Service at any time through the SFTW application or website from which you purchased the SFTW application. You agree that the cancellation of your subscription or the SFTW Service is your sole right and remedy with respect to any dispute with SFTW.
13. Rules of Conduct
You agree to the following rules of conduct for the SFTW Services:
- You shall not impersonate another person (including celebrities), indicate that you are an SFTW employee or representative, or attempt to mislead users by indicating that you represent SFTW or any other third party that are not.
- You shall not upload any SFTW Information that you do not own or have permission to distribute in accordance with these Terms of Services.
- You shall not upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt SFTW Services or otherwise interfere with any other person’s ability to use the SFTW Services.
- You shall not modify or attempt to modify any part of the SFTW Service that SFTW does not specifically authorize you to modify such SFTW Services.
- You shall not attempt to use SFTW Services on or through any service that is not controlled or authorized by SFTW.
- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to intellectual property, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
Specific SFTW Services may also post additional rules that apply to your conduct on those services. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to SFTW using the “Contact Us” functions in the relevant SFTW Service.
14. Compliance with Laws. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use SFTW Services. SFTW reserves the right to terminate your Account and to prevent your use of any and all SFTW Services if your Account is used to engage in illegal activity or to violate these Terms of Service.
15. Monitoring. Except to the extent required by law or otherwise agreed to by you, SFTW will not monitor or record any online activity of SFTW Services, including communications.
16. Services Not Controlled By SFTW. SFTW takes no responsibility for your use of SFTW Services on or through any third party service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-SFTW controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
17. Privacy. We will not disclose, trade, rent, sell or otherwise transfer your personal information without your consent except as otherwise set out herein. Notwithstanding the foregoing, SFTW may transfer information SFTW has about you to third parties in connection with a merger, sale or acquisition involving all or part of our company, or as part of a corporate reorganization or stock sale or other change in corporate control. If SFTW undergoes such a business transition, your personal information may be one of the assets affected.
18. Export Control Laws. The SFTW Services may be subject to United States export controls, and export controls of other jurisdictions. By using the SFTW Services or SFTW Information or downloading any SFTW Software from SFTW, you warrant that you are not located in any country, or exporting SFTW Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any SFTW Information or SFTW Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to SFTW Services any SFTW Information, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
19. Updates to SFTW Services. SFTW MAY FIND IT NECESSARY TO UPDATE, OR RESET THE SFTW SERVICES. THESE UPDATES OR RESETS MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT SFTW SERVICE AND MAY AFFECT YOUR SFTW CURRENCY OR FICTIONAL PROPERTY UNDER YOUR CONTROL. SFTW RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
20. Limitations on Warranty and Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF SFTW SERVICES, SFTW SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. SFTW SERVICES, SFTW SOFTWARE AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS WHEREAS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF SFTW SOFTWARE OR SFTW SERVICES. SFTW DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SFTW SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SFTW WILL HAVE ADEQUATE CAPACITY FOR SFTW SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SFTW, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO SFTW SERVICES OR SFTW SOFTWARE IS TO STOP USING SFTW SERVICES, AND TO CANCEL OR NOT RENEW YOUR SFTW SUBSCRIPTION. YOU ACKNOWLEDGE AND AGREE THAT SFTW, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON SFTW SERVICES OR USE OF SFTW SOFTWARE. IN NO CASE SHALL SFTW’S, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SFTW FOR SFTW SERVICES. IN NO CASE SHALL SFTW OR SFTW AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SFTW SERVICES OR SFTW SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SFTW SERVICES OR ACCOUNTS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SFTW, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
21. Indemnification. Upon SFTW’s request, you agree to defend, indemnify and hold harmless SFTW, its affiliates, employees, agents, representatives, licensors or other third party partners against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Service by you.
SFTW reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of this Terms of Service.
22. General Terms
22.2. Severability. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of SFTW, and the remaining portions shall remain in full force and effect.
22.3. Waiver. The failure of SFTW to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by SFTW.
22.4. Governing Law. These Terms of Service are governed by the State of New York, without consideration of its conflicts of laws principles.
22.5 Arbitration. For any dispute that the parties are not able to resolve, such dispute shall be resolved by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration Rules (“Rules”). The place of arbitration shall be New York City, New York. The language of the arbitration shall be English. One arbitrator will be appointed by the respondent(s) within thirty (30) days of receipt of the notice of appointment of the first arbitrator. In addition to the authority conferred on the arbitrator by the Rules, the arbitrator shall have the authority to order such production of documents and such depositions of party witnesses as may be reasonably requested by either party or by the arbitrator. Judgment upon any award(s) rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Nothing in this Section shall prevent the parties from seeking provisional measures from any court of competent jurisdiction, any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
23. Entire Agreement. The Terms of Service (including any other supplemental terms incorporated by reference into this document) and any posted rules or instructions regarding the SFTW Services constitute the entire agreement between you and SFTW. If there is any conflict between the Terms of Service and any other rules or instructions posted on an SFTW Service, SFTW shall resolve the conflict in its sole discretion.