TERMS OF SERVICE
YOUR ACCESS TO AND USE OF THE COMPANY SITES AND MATERIALS ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE COMPANY SITES AND MATERIALS YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS OR USE THE COMPANY SITES AND MATERIALS, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS PROVIDED BY THE COMPANY.
You are solely responsible for your use of the Company Sites and Materials. You agree that you will not use the Company Sites and Materials unless you can form a binding contract with the Company. Please read these Terms of Service (“Terms”) carefully before accessing or using any websites or materials provided by StockSnipers LLC (the “Company” or “We” or “Us”), or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”). Without limitation, such Websites include thestocksnipers.com,and products, services, subscriptions, content and features available on or provided through those websites (such sites and materials collectively, “Company Sites and Materials”).
The Company may revise these Terms by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of Company Sites and Materials after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.
The Company Sites and Materials are not intended for or directed towards children under 18 years of age. By accessing or using the Company Sites and Materials, you affirm that you are over the age of 18.
- GENERAL DISCLAIMER
The Company is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company does not recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. You understand and acknowledge that there is a very high degree of risk involved in trading securities and, in particular, in trading futures and options, and in trading penny stocks. You acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company encourages you to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment results and you agree to hold the Company harmless for any such results or losses.
Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Company Sites and Materials, or any Company product or service, (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.
- INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES
The Company Sites and Materials and related content, including without limitation the User Submissions (as defined below), third-party applications, and any other content on the Company Sites and Materials and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use. The Company or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and can subject you to legal liability.
The Company Sites and Materials may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.
- USER SUBMISSIONS AND OTHER CONTENT
The Company Sites and Materials may permit the submission of content by users, including, for example, comments, articles, links, and conversations in our chat rooms (“User Submissions”). By posting any such User Submissions, you grant the Company an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Submission in any and all media or distribution methods (now known or later developed). The Company has the right, in its sole discretion and without further notice to you, to monitor, censor, edit, move, and/or remove any and all content posted on the Company Sites and Materials, including any User Submission, at any time and for any reason.
We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of any content or User Submission and do not necessarily endorse any opinions expressed therein. You understand that by using the Company Site and Materials, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. We may not monitor or control the content or User Submissions accessible on the Company Sites and Materials.
In connection with your use of the Company Sites and Materials and your own User Submissions, you agree to follow our Code of Conduct as the same may be published or linked to on the Company Sites and Materials. We may periodically update the Code of Conduct. The current Code of Conduct is available here Conduct.
- TRANSPARENCY AND RESULTS CLAIMS
To promote transparency, we may require users to verify their securities trades through various methods that we designate. If you fail to provide such verification, we may do any or all of the following: (1) disable any account that you have established through the Company Sites and Materials; (2) remove any content you post, including content regarding your trades. Despite the Company’s commitment to transparency, however, the Company does not guarantee the accuracy of and shall not be liable in any way in connection with any trade information submitted by users.
In addition, the Company Sites and Materials may at times refer to a commitment by —StockSnipers LLC— or other authorized representatives of the Company to share their investment results, including but not limited to trading results or investment strategies. Such references should not be construed or interpreted to require the disclosure of investments and strategies that are personal in nature, that are part of estate or tax planning, or that are immaterial to the scope and nature of the Company’s educational philosophy.
- SUBSCRIPTION AND PAYMENT
In connection with any purchase of services or materials from the Company, the Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features.
If you purchase a subscription to any Company service or material, by authorizing the Company to charge a payment card for the fees associated with your subscription(s), you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. The Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes.
Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.
If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be in the Company’s sole discretion. Your obligations hereunder, including your obligation to pay amounts owed to us under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.
Free/paid Trials. On occasion, we may be authorized to offer free/paid trials to a particular Service for certain qualifying users. Certain limitations may exist with respect to combining free trials with any other offers. Stock Snipers LLC reserves the right to determine eligibility for free trials.
Once your free/paid trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free/paid trial offer.
It is very important to understand that you will not receive a notice from Stock Snipers LLC that your free/paid trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the day before the last day of your free/paid trial period. You may cancel your subscription. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Stock Snipers LLC will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free/paid trial or while using a promotional code or other credits, cancellation may be effective immediately.
You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE COMPANY SITES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE COMPANY SITES AND MATERIALS.
- LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR THE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE COMPANY SITES AND MATERIALS, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $120 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
As a condition of your use of the any of the Company Sites and Materials, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company Sites and Materials; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.
- TERM AND TERMINATION
Except as otherwise specified herein, these Terms commence on your first use of any of the Company Sites and Materials and continue until you cease to use the Company Sites and Materials or your subscription, if any, expires or has been terminated, whichever is later.
The Company may terminate your access to and use of the Company Sites and Materials at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company Sites and Materials after termination or notification of the same.
These Terms and the Code of Conduct referenced herein constitute the entire agreement between you and the Company relating to your use of the Company Sites and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
The laws of the [State of Florida], without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
You and We agree that our sole relationship is a contractual one governed by these Terms and the Code of Conduct. Any controversy or claim arising out of or related to the provision of services or materials by Us shall be resolved solely based on these Terms.
Except as otherwise provided herein, any controversy between the parties arising out of the Terms shall be submitted to the American Arbitration Association (“AAA”) for arbitration in [Miami, Florida], in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms nor to grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity.
Notwithstanding anything to the contrary in the AAA Rules, you and We agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.
Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party’s intellectual property or other proprietary rights. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within [Miami-Dade County, Florida], and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
This website and our Online Services are not directed to minors under the age of 18. You should not use this website or our Online Services if you are under the age of 18.
Effective Date / Date of Last Revision: May 11, 2015
- Information We Collect
Information You Provide
Visitors may choose to interact with our Online Services in ways that require the collection of personally-identifying information. The amount and type of information that we gather depends on the nature of the interaction. For example, we may collect information that you provide when you:
- Register for an account;
• Communicate with us, such as to provide feedback, request support, or ask for additional information;
• Subscribe to newsletters, register for seminars or training, or purchase goods or services;
• Use interactive or social networking features of our Online Services, including setting up a public profile, submitting content (such as comments, articles, links, or other items), or using our chat feature; or
• Otherwise interact with or use our Online Services.
Through these interactions we may collect or receive your name, address, and contact information such as phone number or email address. If you place an order, we will collect your payment details, such as payment card information. In certain cases, we may ask you to provide information on your income and assets.
Automatically Collected Information
Like most website operators, we collect information of the sort that web browsers and servers typically make available, such as your IP address, your browser type, information regarding your internet service provider or the type of device you used to access this website, language preference, pages visited, and the date and time of each page request. Additionally, if you navigated from or navigate to other websites from our Online Services, we may collect the address of those websites.
We may allow third parties to use Data Technologies on our site. The information collected from these Data Technologies may be shared with and used by us, by others acting on our behalf, or by third parties. Information collected by Data Technologies may be used on this website or on other websites, services, or online applications, including websites that may not be operated by us. For example, we may partner with third party ad networks to either display advertising on our website or to manage our advertising on other sites. These ad-network partners use Data Technologies to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. These websites and third-party ad networks are not controlled by us.
Information from Other Sources
We may obtain information about you from third parties. This information may include information about your use of our Online Services, your use of other websites, your interests and preferences, and other information. For example, we may collect information about your browsing and usage history on this site. We may combine the information we obtain from third parties with information that we or our affiliates have collected about you.
- How We Use the Information We Collect or Receive
We and others acting on our behalf may use the information that we collect or receive about you to operate our business, including our Online Services. For example, we may:
- Deliver, administer, and improve the services, products and features that we provide to you and others;
• Perform research and analysis aimed at improving our products, services and technologies, and for marketing, financial, operational or other purposes;
• Display content and advertising that are customized to your interests and preferences;
• Comply with applicable laws or our policies;
• Prevent fraud, theft, or injury to you, us, or others;
• Contact you, including through telephone, fax, text, or chat; and
• Communicate with you about our Online Services, about products or services you’ve purchased, and additional products and services you may find of value.
In some cases, we may publicly display information about you, or display your information to other users or visitors of our Online Services. For example, if you send us a request (such as via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. In addition, we may post, publish, or otherwise publicly display or use content you post in our chat rooms or through our other social networking features, including for our own promotional or marketing purposes. If you create a profile in order to access our social networking features, your profile information may be displayed and made publicly available, including to other users or visitors. We may also aggregate information about you and combine it with information on other visitors or users of our Online Services. We may display this information publicly or provide it to others.
- How We Share Information
We may share with others the information that we collect or receive, including our employees, affiliates, contractors, service providers, and marketing partners (including analytics companies and advertising networks who provide Data Technologies on our website).
Other parties may collect personally identifiable information about your online activities over time and across different websites when you use our site or online services. In addition, we may share information we have collected from you, including personal information, in connection with the sale or merger of our business or the transfer of our assets.
We may also use and share information, including with law enforcement or as required by law, in order to:
- Protect or defend our (and our affiliates’) interests, legal rights or property;
• Protect the rights, interests, safety and security of users of this and other websites and applications we make available;
• Protect the rights, interests, safety and security of members of the public;
• Combat fraud, theft, and or injury, or for risk management purposes; and
• Comply with prudent legal, data privacy, or data security practice as we may determine, or to comply with applicable law or legal process.
- Accessing Your Information
If you are a registered user of our Online Services, you can review and update certain information associated with your account by logging in. If you create a profile for use of the social networking features we provide, you may access and update certain information associated with that profile by logging in. Click on “Account” to view and update this information. In some cases, you may be able to edit content which you have posted by selecting the link to edit or modify that content; where available, this link will appear next to the editable content. Similarly, you may also remove content you post by choosing to delete rather than edit that content. Removing content in this manner will prevent other ordinary users of our Online Services from seeing that content. However, these removal procedures do not ensure complete or comprehensive removal of the content or information posted on our Online Services by you.
- California Privacy Disclosures
As of the effective date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time.
- How to Contact Us
- Dispute Resolution
This Code of Conduct applies to your access and use of the websites or materials on which they appear (collectively, “Company Sites and Materials”). Without limitation, this Code of Conduct applies to your use of bulletin boards, message boards, newsgroups, chat rooms, and other interactive or social media features of the Company Sites and Materials. References to “Company,” “we” or “us” below are references to Stock Snipers LLC and its owners, subsidiaries, affiliates, and joint business ventures, and their respective officers, directors, employees, agents, and representatives.
In accessing or using the Company Sites and Materials, you may not:
• Restrict or inhibit any other visitor from using the Company Sites and Materials, including, without limitation, by means of “hacking” or defacing any portion of the websites;
• Use the Company Sites and Materials for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior express written consent;
• Share, disseminate, or distribute any content, products, services, or materials available through your paid subscription or service;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Company Sites and Materials;
• “Frame” or “mirror” any part of the Company Sites and Materials without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the websites or its contents;
• Harvest or collect information about visitors to the Company Sites and Materials without their express consent;
• Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Company Sites and Materials;
• Infringe any party’s intellectual property rights;
• Threaten any of our users in any way;
• Incite hatred or promote materials that violate our users’ civil rights;
• Include or use profanity, vulgarity, obscenity or pornography;
• Publish any other user’s personally identifiable information (e.g. credit or debit card numbers, social security numbers, driver’s license);
• Impersonate any other user or person in a manner intended to mislead or confuse other users or engage in inappropriate, unethical or misleading behavior;
• Engage or promote illegal activities;
• Send spam or transmit any malware or viruses or other harmful computer code, files or programs; and
• Solicit or advertise on the websites or add abusive or non-related linking to your own site;
In order to access some of the services of the websites, you may have to create an account. By creating this account you agree to:
• Maintain only a single account;
• Provide accurate and complete information;
• Never share your account user name or password or knowingly provide or authorize access to your account (including without limitation any subscription, products, services, or materials made available by the Company);
• Never use another user’s account without permission;
• Be solely responsible for the activity that occurs on your account, and keep your account password secure; and
• Notify us immediately of any breach of security or unauthorized use of your account.
The Company may allow free speech, debate, and sharing among our users. However, the Company is opposed to language and acts that do not further the mission of the websites and our community, including personal attacks on other users.
You may not circumvent any measures we may put in place to protect the privacy or confidentiality of your account or information, or the account or information of ourselves, our affiliates, or other users, including encryption measures or the use of multi-factor authentication.