AlgoClub

TERMS OF USE

At Algoclub, we want to provide our members with the essentials to implement effective algorithmic trading strategies. Our augmented intelligence (AI) trading algorithm enables real-time alerts and data analytics to detect significant market shifts. Using our latest algorithm enables our members to analyze individual investment trading risks and opportunities effectively.    

We deliberately avoid conflicts of interest, with Algoclub’s revenue coming from monthly membership subscriptions. Our goal is to improve your quality of life by simplifying your trading decisions and minimize portfolio risks with our real-time AI analytic signals for your trading strategies.

By using the Algoclub (“Algo”, “we”, “us”, “our”) signals, alerts, platform, forums, courses, and website (the “Services”) you agree to the following terms of use.

Introduction

The Algoclub website https://algoclub.co/ and the Services delivered through any third-party platforms (the “Site”) are copyrighted work belonging to Radium88, LLC d/b/a Algoclub (“Algo”, “Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features, including, without limitation the Company’s Privacy Policy and the Services Agreement, all of which are incorporated by reference to these Terms (collectively, the “Agreement”). All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

YOUR ACCESS, PURCHASE AND/OR USE OF ANY OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS.  IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICES. SOME OF THE SERVICES ARE DELIVERED ELECTRONICALLY, AND MAY INCLUDE ELECTRONIC TRANSACTIONS.  BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU WILL BE BOUND BY ANY ELECTRONIC SUBMISSIONS, COMMUNICATIONS OR TRANSACTIONS MADE USING YOUR CREDENTIALS (DEFINED BELOW), INCLUDING YOUR ACCEPTANCE OF THESE TERMS, AND YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US, INCLUDING, BUT NOT LIMITED TO, NOTICES OF CANCELLATION AND RENEWALS, POLICIES, CONTRACTS AND APPLICATIONS. 

Third-party platforms have their own terms and conditions which are outside of Algoclub’s control. To fully utilize the Services, you are required to independently review and agree to any applicable terms and conditions of such third-party platforms. See more details under section 6.1 “Third-Party Features”.

1.0 Accounts

1.1 Account Creation

In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 Non-Solicitation

You are prohibited from soliciting or recruit any other users or members of the Site, for any reason, unless you have requested and received permission to solicit or recruit in writing from the Company. This prohibition includes a prohibition against soliciting or recruiting users of the Site to become members of competitive sites and services. This includes (but is not limited to) soliciting users of the Site to make their methods, devices, models, algorithms, or other automated processes available at services or sites outside of the Site. If you violate this policy, the Company reserves the right to terminate your Account without notice and to take legal action to recover lost revenues you have stolen from us, plus applicable damages. By using the Site, you specifically acknowledge that you agree to this prohibition.

2.0 Access to the Site

2.1 License.

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal use.

2.2 Certain Restrictions.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.3 Modification.

Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 No Support or Maintenance.

You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site, but the Company reserves the right, on a case by case basis, to provide support or maintenance as the need arises.

2.5 Ownership.

Subject to the terms hereof, and excluding any Non-Public User Content that you may provide (defined below in Section 3.0), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, whether provided by you, the Company, or Company’s suppliers, are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6 Access to Site and Services

We will attempt to provide continuous availability and access to the Site. In the event that there is interruption to the Site server and/or interruption to the Services provided by the Site, we will notify the Users within commercially reasonable time. 

3.0 User Content

3.1 User Content.

“User Content” means any and all information submitted to or communicated through the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content do not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content a may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 Non-Public User Content 

User Content includes Non-Public User Content and Public User Content. “Non-Public User Content” is User Content that you communicate directly to one or more other users of the Site or that is not accessible without being logged into your account. “Public User Content” is all other User Content. When you submit Public User Content, you agree that all rights in such Public User Content are owned by the Company per Section 2.5 above and agree to take reasonable steps, if any, necessary to effectuate such ownership.

3.3 Acceptable Use Policy. 

The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

(c) In addition, you agree not to disparage any other user of the Site to any third party based on interactions through the Site.

3.4 Enforcement.

The Company reserves the right (but have no obligation except in rare circumstances) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

3.5 Feedback.

If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

3.6 No Investment Advice; Not an Investment Advisor; Not a Broker-Dealer.

The Company is not an investment advisory service, nor is it a registered investment advisor or broker-dealer and does not purport to tell or suggest the value of any securities or which securities customers should buy or sell for themselves. The users of the Site may hold positions in the stocks or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities. The Company, the users, the authors, the publisher, and all affiliates of the Site assume no responsibility or liability for your trading and investment results. Factual statements or publications on the Site are made as of the date stated and are subject to change without notice. It should not be assumed that the methods, techniques, alerts, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by on the Site are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of the Site are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on the site are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the information shared or sent by the Site in making any investment. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.

3.7 Live Trading Risks.

By using the Site, you acknowledge and agree that live algorithmic trading has various risks and the Company shall not have any liability for any losses incurred through using the Site, such risks included, without limitation:

(a) Design risks; errors in data, incorrect assumptions, logical program errors. Even if you designed a perfect strategy, past performance is no guarantee of future results.

(b) Interruption to server access and/or loss of internet connectivity; resulting in certain or all functionalities and features being inaccessible to Users, alerts not sent out, and results of algorithm not displayed or communicated.

(c) Poor design of algorithm; resulting in runaway strategies, machine gun orders, run-time errors halting program operation, failure to trade when expected, termination of the algorithm.

(d) Unexpected market conditions; resulting in poor fill prices, rapid losses (flash crashes), late exchange openings.

(e) Data issues; broken, dirty, delayed or intermittent data connections causing algorithm errors. This includes data inaccuracies (exchanges sometimes publish bad/fictional trades).

(f) Malicious activities; criminal activity could cause your algorithm to fail, leaking personal information, intellectual property.

(g) These events can cause the loss of all funds and holdings in your portfolio. Algorithmic trading losses can occur faster than in manual trading and you should consult an investment professional to discuss these risks. You should continually monitor the operation of a live trading algorithm to ensure it is running properly.

EVERY TIME YOU USE THE SITE YOU AGREE THAT IN ALL CASES THE COMPANY BEARS NO RESPONSIBILITY FOR LOSSES INCURRED, AND OFFERS NO GUARANTEES OR EXPECTATIONS ON YOUR ALGORITHM PERFORMANCE OR STABILITY.

4.0 Subscription, Fees, and Payments

The Services are made available on a subscription basis.  As consideration for the Services you purchase you agree to promptly pay the Company all applicable prices and fees (collectively, the “Fees”) as designated in the related order process, with such Fees subject to change as provided in the Terms. All Fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided in these Terms.

The Company reserves the right, in our sole discretion, to change or modify the Fees, charges or other conditions for use of the Services upon reasonable notice to you. All payments of Fees shall be made in U.S. dollars. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of the Services. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. For U.S. users, the actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes. Taxes will be calculated based on where you receive services determined by your User Account address. All taxes charged will be reflected upon payment.

Our transaction processing is supported only in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. If the currency of your bank or credit card account is not in U.S. dollars, you may be charged exchange rate conversion fees by your bank or credit card company. In addition, due to time differences between (i) the time you complete the checkout process; (ii) the time the transaction is processed; and (iii) the time the transaction posts to your bank or credit card, the conversion rates may fluctuate and we make no representations or warranties that (a) the amount submitted to your bank or credit card for payment will be the same amount that is posted to your bank or credit card statement or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank or credit card statement, and you agree to waive any and all claims against AWS based upon such discrepancies (including any and all claims for a refund based on the foregoing). You acknowledge and agree that you may be charged VAT based on the country indicated in the User Account’s address information associated with your account.

Only valid payment methods acceptable to us may be used to complete a purchase via the Site. You represent and warrant that you are authorized to use your designated payment method. You authorize the Company to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts. Unless otherwise stipulated in the related order process, payment for the Services are to be made via a charge to your credit card, bank account, or other payment methods we deem acceptable that you provide to us (the “Payment Account”). You are solely and absolutely responsible for any information related to the Payment Account that you provide to the Company and must promptly inform us of any changes or updates to the method of payment. By submitting an order to purchase the Services, you authorize us to charge the order to the Payment Account or to otherwise immediately bill you for such Services. You acknowledge and agree that unless otherwise expressly stated in the order process or otherwise changed afterwards in accordance with the applicable process, all annual, monthly or other recurring Fees related to the Services or otherwise referenced in this Agreement are to be recurring transactions that will be billed on an ongoing basis until such Services are terminated in accordance with this Agreement. If you have provided billing information sufficient for automatic billing, then we will bill you automatically in accordance with the applicable billing frequency. You are obligated to pay for the full amount of the Terms, even if such full amount is scheduled to be paid in installments. If you elect to pay for the Services in installments, provided such a payment schedule is expressly permitted and accepted by us, all installments must be received on or before the applicable due date.

You agree to pay all Fees and other charges incurred in connection with your Payment Account (including, but not limited to, any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. Without limiting any of the Company’s rights hereunder, should any Fee payment become delinquent, we may suspend or cancel your Services; provided, however, related charges will continue to accrue. You acknowledge and agree that the Company is not responsible whatsoever for any effect the suspension of Services might have on you or any third party. If the Company provides any Service discount to you and you default on payments or obligations as outlined herein, the Company may rescind all discounts and require full payment for the Services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. The Company further reserves the right to refer any amounts owed hereunder to a third party for collection in the event of default. In the event your account is sent to collection, you agree to pay all costs of collection, including costs, litigation and attorneys’ fees. A collection fee may be charged for all dishonored checks. Moreover, an additional fee may also be assessed for the following reasons: (i) late payment; (ii) payment with insufficient funds; (iii) denied or invalid credit card number; or (iv) the re-starting or reinstating of Services terminated for nonpayment. The Company will re-start or reinstate any such Service in our sole and absolute discretion and subject to our receipt of the applicable Fee.

If you pay for the Services by credit card or other applicable method, you permanently and irrevocably waive any and all right to enact an improper “chargeback” (that is, a disputed, reversed or contested charge with the applicable bank card, credit card or other payment method) against these Fee payments for any reason whatsoever against the Company. If for any reason, the Company is unable to charge your Payment Account for the full amount of the Fee owed for the Services provided, or if we receive notification of an improper chargeback, reversal, payment dispute or are charged a penalty for any Fee previously charged to your Payment Account, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any or all of your Services. We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) additional tasks we may perform outside the normal scope of the Services; (ii) additional time and/or costs we may incur in providing the Services, and/or (iii) your noncompliance with these Terms (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) recouping any and all costs and fees incurred by the Company as the result of improper chargebacks or other payment disputes brought by you, your bank or other payment method processor. These administrative fees or processing fees will be billed to the Payment Account you have on file with the Company.

Information regarding current subscription rates for our Services can be found on our website at  https://algoclub.co/ 

YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT THE COMPANY MAY CHANGE ANY PRICE, FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO YOU IN ACCORDANCE WITH THESE TERMS.

5.0 Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6.0 Third Party Links; Other Users

6.1 Third-Party Features.

The Site may contain links to third-party websites and services delivered and/or facilitated via such third-party platforms, (collectively, “Third-Party Features”). Such Third-Party Features are not under the control of Company, and Company is not responsible for any Third-Party Features. Company provides access to these Third-Party Features only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Features. You use all Third-Party Features at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Features or receive Services via Third-Party Features, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Features.

6.2 Other Users.

Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

6.3 Release.

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Features & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.

7.0 Disclaimers.

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS, IF ANY, AND THIRD PARTY CONTEN PROVIDERS, IF ANY) MAKE NO WARRANTY THAT THE SITE AND ITS SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE COMPANY PROVIDES THE CONTENT OF THE SITE FOR INFORMATIONAL, EDUCATIONAL AND NONCOMMERCIAL PURPOSES ONLY. SINCE EACH INDIVIDUAL'S SITUATION IS UNIQUE, A QUALIFIED PROFESSIONAL SHOULD BE CONSULTED BEFORE MAKING FINANCIAL DECISIONS. ALTHOUGH WE MAY PROVIDE DATA, INFORMATION AND CONTENT RELATING TO INVESTMENT APPROACHES AND OPPORTUNITIES TO BUY OR SELL SECURITIES, INCLUDING MUTUAL FUNDS, EXCHANGE-TRADED FUNDS AND CRYPTOCURRENCY, YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION AS INVESTMENT, FINANCIAL, TAX, LEGAL OR OTHER ADVICE. YOU ALONE WILL BEAR THE SOLE RESPONSIBILITY OF EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF ANY DATA, INFORMATION OR CONTENT ON THE SITE BEFORE MAKING ANY DECISIONS BASED ON SUCH DATA, INFORMATION OR CONTENT. IN EXCHANGE FOR USING SUCH DATA, INFORMATION OR CONTENT, YOU AGREE NOT TO HOLD THE COMPANY OR ITS THIRD-PARTY CONTENT PROVIDERS LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON INFORMATION MADE AVAILABLE TO YOU THROUGH THE SITE.

WE DO NOT PROVIDE TAX, ACCOUNTING, LEGAL, INVESTMENT, OR FINANCIAL SERVICES. THE INFORMATION AVAILABLE THROUGH THE SITE IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES ON AN “AS IS” BASIS AT YOUR SOLE RISK. THE INFORMATION IS NOT MEANT TO BE, AND SHOULD NOT BE CONSTRUED AS ADVICE OR USED FOR INVESTMENT, LEGAL, ACCOUNTING, OR TAX PURPOSES. THE COMPANY MAKES NO GUARANTEES AS TO THE ACCURATENESS, QUALITY, CURRENTNESS, OR COMPLETENESS OF THE INFORMATION AND THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS, OMISSIONS, DELAY, INACCURACIES IN THE INFORMATION OR FOR ANY USER’S RELIANCE ON THE INFORMATION. YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR VERIFYING THE INFORMATION AS BEING APPROPRIATE FOR YOUR 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. THE COMPANY DOES NOT ENDORSE ANY PARTICULAR FINANCIAL, LEGAL, ACCOUNTING, OR TAX PROFESSIONALS PROVIDING CONTENT ON THE SITE, AND IS NOT RESPONSIBLE FOR ANY CLAIMS MADE BY ANY FINANCIAL, LEGAL, ACCOUNTING OR TAX PROFESSIONALS. THE COMPANY IS NOT ENDORSED BY OR AFFILIATED WITH ANY STATE BAR ASSOCIATION OR OTHER LEGAL OR ACCOUNTING MEMBERSHIP ORGANIZATION OR ASSOCIATION, TAX AUTHORITIES, OR AGENCIES OR ASSOCIATIONS, OR FINRA OR ANY OTHER FINANCIAL REGULATORY AUTHORITY, AGENCY, OR ASSOCIATION.

8.0 Limitation On Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND/OR THIRD-PARTY CONTENT PROVIDER, IF ANY, WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9.0 Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 11.

10.0 Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for the Company is: [email protected]

11.0 General

11.1 Changes.

These Terms are subject to occasional revision, and if the Company makes any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11.2 Governing Law; Venue

These Terms are governed under the laws of Delaware and you agree that any judicial proceeding, suit or other action relating to or arising under these Terms, the Services or a breach of any User’s User Data, will be commenced only in a federal or state court of competent jurisdiction located  in the State of Delaware. You consent to the personal and exclusive jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non convenience, or to otherwise seek a change of venue. You agree to waive the right to trial by jury in any action that takes place relating to or arising under this Agreement or the Services. You also agree to waive the right to file a class action claim relating to or arising under this Agreement or the Services.

In the event you bring a claim against the Company in a foreign jurisdiction (a court other than in the State of Delaware), the Company will move the court to dismiss such claim per your acceptance of this Agreement existing at the time of your purchase of, use of, or access to the Services and your continued use of the Services as evidence of acceptance of the Agreement and this Section. The parties agree that the foregoing obligation is independent from all other obligations herein. 

You acknowledge that, in the event you commence a judicial proceeding in any court other than the courts in in the State of Delaware as described herein, the Company may incur costs and expenses, including attorneys’ fees, to enforce this provision. You expressly agree that you will reimburse the Company for any such costs and expenses, including, but not limited to, attorneys’ fees incurred by us within ten (10) days of receiving a written demand from us for such reimbursement. You further agree that if you do not timely reimburse the Company as previously described in this Section, you will be responsible for, and agree to pay, all costs and expenses, including, but not limited to, attorneys’ fees incurred by us in seeking to collect or recover from you the amount subject to reimbursement.

11.3 Export.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. 

11.5 Electronic Communications.

The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.6 Copyright/Trademark Information.

All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are the Company’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

11.7 Waiver

No waiver of any provision of these Terms are effective unless it is in writing and signed by an authorized representative of the Company. Our remedies under these Terms are cumulative and not alternative, and the election of one remedy for a breach does not preclude the pursuit of other remedies. The failure of the Company to require your performance of any Term provision does not affect the full right to require such performance at any time in the future. The waiver by the Company of any rights arising out of any breach of any Terms provision shall not be taken or held to be a waiver of the provision itself. Any failure by the Company to enforce any of its rights under these Terms or any applicable laws does not constitute a waiver of such right.

No party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement or representation other than (i) by an authorized representative and (ii) in an explicit written waiver. No waiver of any rights arising out of a breach of these Terms will constitute a waiver of rights relating to any prior or subsequent breach of these Terms.

11.8 Severability 

If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. These Terms will be deemed amended to the extent necessary to make these Terms enforceable, valid and, to the maximum extent possible, consistent with applicable law and consistent with the original intention of the parties, and the remaining terms and provisions will remain in full force and effect.

11.9 Force Majeure 

Under no circumstances shall the Company be held liable for any cessation, interruption, delay or failure in performance of the Services or any obligations under these Terms resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failures, computer equipment failures, telecommunication equipment failures, failures of internet service providers (ISPs) or cloud-hosting providers, other equipment failures, electrical power failures, strikes, labor disputes, lockouts or boycotts, riots, terrorism, insurrections, civil disturbances, shortages of labor or materials, hurricanes, earthquakes, fire, floods, storms, natural disaster, explosions, acts of God, armed conflict, war, governmental actions, orders of domestic or foreign courts or tribunals.

11.10 Entire Agreement 

These Terms, as well as any additional Company Agreements, terms and conditions, rules, policies and agreements, together with all modifications thereto, constitute the entire agreement between you and the Company concerning your use of the Services and any other subject matter related to these Terms. These Terms supersedes and governs all prior proposals, agreements or other communications between you and the Company (including, but not limited to, any prior versions of these Terms). You may not waive, modify or supplement these Terms, in whole or in part, except by written permission or amendment by the Company.

11.11 Titles and Headings; Interpretation 

The titles and headings of these Terms are inserted for ease of reference only and do not affect in any way the meaning or interpretation of these Terms. Also, in all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender and number as the text of these Terms may require.

11.12 Assignment  

You may not assign or transfer, either directly or through a third party, these Terms or any of its interests, rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment in violation of the foregoing provision will be null and void and of no force or effect whatsoever. We may assign our rights and obligations under these Terms and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without notice to you or your consent. Where applicable, these Terms are binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

11.13 Agency 

These Terms do not create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between you and the Company. No party has the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever. The relationship between you and the Company is limited to the responsibilities and obligations of both parties as established in these Terms.

11.14 No Third-Party Beneficiaries 

Unless otherwise provided in these Terms, you acknowledge and agree that nothing herein, express or implied, is intended to nor is to be construed to confer upon or give to any third party or person, other than you, any interests, rights, remedies or other benefits conveyed to you herein.

11.15 Access to the Service from Other Locations 

The Services are directed to individuals and entities residing in the United States. The Company makes no representation that materials provided through the Services are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. You may not use the Site or the Services or export the Content in violation of United States export laws and regulations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Company reserves the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.

11.16 Notice 

The Company may provide notifications, whether such notifications are required by law or are for marketing, to disclose changes or additions to our Services, or for other business-related purposes, to you via email associated with your User Account, written or hard copy notice, or through conspicuous posting of such notice on our Services. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to any email address you provide us.

All mail notices from the Company to you are deemed effective when: (i) sent by certified mail, return receipt requested or by Federal Express or other recognized overnight delivery service to your last known mailing address; (ii) sent via email to the email address associated with your User Account; or (iii) posted on the login page of the Site  and/or any of the applicable pages linked thereto and immediately after you login to the Site. When you provide contact information to the Company, you agree that we may use this information to contact you in any format or manner we choose and that we may rely on contact information provided by you to us. The Company may, but has no obligation to, send a single notice by various means of delivery (e.g., email, certified mail or express mail). In no event shall the Company  be liable to you for choosing to send notice in one manner or format over another.

You shall give notice to the Company by contacting us via email at [email protected].

If you are a California resident, please be advised that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.