Stock Market Companion
This agreement was last updated on March 2, 2010
PLEASE SCROLL DOWN AND READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES OR BECOME A SUBSCRIBER TO THE STOCK MARKET COMPANION.
Legal Disclaimer. Stock Market Companion, Inc. is a content provider and publisher and is not a registered broker-dealer. By accessing the Stock Market Companion website and/or using Stock Market Companion products and services, including without limitation any and all content available on or through the Service, you understand and agree that the material provided in Stock Market Companion products and services is for informational and educational purposes only, and that no mention of a particular security in any Stock Market Companion product or service constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand and agree that we WILL NOT advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any Stock Market Companion product or service (including “Stock Chat”) may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand and agree that any Stock Market Companion product or service may contain opinions from time to time with regard to any securities mentioned in previous Stock Market Companion products or services, and that those opinions may be different from those contained in previous Stock Market Companion product or service due to changing market conditions or other events. You understand and agree that we may hold positions in securities mentioned and that we trade for our own account. In cases where the position is held at the time of publication, appropriate disclosure is made as of the time of publication.
You understand and agree that performance data is supplied by sources believed to be reliable, that the calculations in any Stock Market Companion publication or service are made using such data, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be accurate or complete.
When U.S. exchanges are not open, prices quoted are only current as of the close of the most recent day of trading.
BEFORE SELLING OR BUYING ANY STOCK OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
Fees and Payments.
a. For subscribers to Stock Market Companion Inc. subscription services only, you agree to pay the subscription fees and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Charges for subscription services, and monthly fees once billed, are nonrefundable (subject to applicable law). We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you want to change your service, or change or update any other relevant account information, you may do so by contacting firstname.lastname@example.org. If you believe someone has accessed Stock Market Companion using your user name and password without your authorization, please immediately notify us via email. You can contact us via email@example.com.
b. Stock Market Companion Inc. will automatically bill you according to your subscription choice upon completion of the registration form.
c. We may offer a free trial subscription from time to time. If you don’t cancel your subscription within the free trial offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site.
d. Your subscription will renew automatically at the beginning of each subscription period (monthly), unless you terminate it. You can cancel your subscription at any time by contacting us at 360-695-6985 or firstname.lastname@example.org. Cancellations take effect as of your next billing date, which is noted on the Manage Account Settings page. As previously stated, fees billed cannot be refunded or prorated. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
Limitations on Use
a. Access to the subscriber areas of Stock Market Companion is solely limited to the registered subscriber and is non-transferable to any third party. Only one individual may access Stock Market Companion at the same time using the same user name or password, unless otherwise expressly permitted in writing by Stock Market Companion
b. You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, including, but not limited to your fellow employees, friends or family, with the following exception :
You may occasionally distribute a copy of an article from Stock Market Companion Inc. in non-electronic form to a few individuals without charge, provided you include the entire article and all copyright and other proprietary rights notices in the same form in which the notices appear in Stock Market Companion, original source form, and the phrase “Used with permission from Stock Market Companion”. Please contact us if you need to distribute content from Stock Market Companion to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement. You can contact us via email at email@example.com
c. You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. Without limiting the generality of this Section 6, you agree not to post any Content from Stock Market Companion to newsgroups, mail lists or electronic bulletin boards, without our written consent.
To request consent for uses of the Content and Service not expressly permitted by this Agreement, please contact Stock Market Companion customer service via email at firstname.lastname@example.org.
d. You agree not to use Stock Market Companion for any unlawful purpose. We reserve the right to terminate or restrict your access to Stock Market Companion at any time and without notice if, in our opinion, your use of Stock Market Companion may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.
6. Code of Conduct. While using any Stock Market Companion product or service, you agree not to:
Restrict or inhibit any other visitor or member from using any Stock Market Companion product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the Stock Market Companion web site;
Use any Stock Market Companion product or service for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Engage in spamming;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Stock Market Companion web site;
Remove any copyright, trademark, or other proprietary rights notices contained in the Stock Market Companion web site;
“Frame” or “mirror” any part of the Stock Market Companion web site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any Stock Market Companion product or service or its contents;
Harvest or collect information about visitors to or members of Stock Market Companion without their express consent; or
Permit anyone without an account or subscription to use any Stock Market Companion product or service through your subscription, user name or password.
While using Stock Market Companion products or services you agree to comply with all applicable laws, rules and regulations.
7. DMCA Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Stock Market Companion to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to us as follows -
Attn: DMCA Notice
Stock Market Companion
306 W. 25th Street
Vancouver, WA 98660
Telephone: 360 695 6985
Fax: 360 695 6060
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
8. Additional Representations and Warranties
You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Disclaimers of Warranties and Limitations on Liability . YOU AGREE THAT YOUR ACCESS TO AND USE OF STOCK MARKET COMPANION AND THE CONTENT AVAILABLE THROUGH STOCK MARKET COMPANION IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. STOCK MARKET COMPANION AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE STOCK MARKET COMPANION DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF STOCK MARKET COMPANION PRODUCTS OR SERVICES, THE MATERIALS ON OUR WEB SITE AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITE ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT THE STOCK MARKET COMPANION PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF STOCK MARKET COMPANION FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE STOCK MARKET COMPANION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
YOU AGREE THAT THE MAXIMUM LIABILITY OF THE STOCK MARKET COMPANION PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY STOCK MARKET COMPANION PRODUCTS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Stock Market Companion makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
General. This Agreement contains the final and entire agreement between you and Stock Market Companion, Inc. regarding your use of Stock Market Companion and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of Stock Market Companion. Stock Market Companion, Inc may discontinue or change Stock Market Companion, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Washington, United States of America applicable to contracts made entirely within Washington and wholly performed in Washington, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Washington. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Indemnification. You agree to indemnify, defend and hold the Stock Market Companion Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any Stock Market Companion products or services.
Notification Procedures. Stock Market Companion may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Stock Market Companion in our sole discretion. Stock Market Companion reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.