Terms and Conditions of Use
Last Updated: September 1, 2011
The following terms and conditions of use, together with our Privacy Policy govern all your use of the BestStock.co and all content, services and products available at or through BestStock.co (taken together, the Site). The Site is owned and operated by BestStock.co. The Site is offered subject to your acceptance, without modification, of all of these terms and conditions of use and all other operating rules, policies and procedures for the Site, as they may be published from time to time on this Site by BestStock.co (collectively, the "Agreement").
We provide our users with access to articles, editorial opinions and other information, including posts to message boards and forums, written by our staff (“BestStock.co Content”), or by other users of our Site (“User Content”; collectively with BestStock.co Content, “Content”). We provide access to some Content without charge, and other Content for a fee or subscription. Any person who reads or subscribes to the Content on our Site may be referred to in this Agreement as a “User.” Any person who is not a member of our staff and who provides User Content to our Site, either directly or via a link to another website, and including any information posted on our message boards and forums, is referred to in this Agreement as a “Contributor.”
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this agreement, then you must not access the Site or use any services. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
1. Important Securities Disclaimer
BestStock.co is a publisher. BestStock.co does not provide investment advice. If you are a User, you understand that no Content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that neither the staff of BestStock.co or any Contributors or their affiliates are advising 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 Content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Site will not contain a list or description of relevant risk factors.
You understand that Contributors or their affiliates may write about investments or securities in which they or their firms have a position, that they may trade for their own account, and that they may express views that are inconsistent with the positions they have taken in investments or securities. While BestStock.co encourages Contributors to make appropriate disclosures regarding their positions in the investments and securities about which they write, they have no obligation to do so.
You understand that performance data included in BestStock.co Content is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. Past results are not necessarily indicative of future performance.
From time to time, reference may be made on the Site to articles and opinions published by others. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All Content is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. Quotes and other pricing information posted on the Site may not be current, and should not be relied upon. Before selling or buying any investment, you should consult with a qualified financial professional to verify pricing information. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. Content on the Site has not been designed to give you comprehensive information regarding any matter, and is not intended for any purpose other than your personal consideration in light of other publicly disseminated information.
Please review the information under the heading “Responsibility of Contributors and Users” for important disclaimers regarding responsibility for User Content.
2. No Investment Recommendations or Professional Advice
The Site does not, and is not intended to, provide tax, legal, insurance or investment advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by BestStock.co or any third party. You are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
You specifically acknowledge that BestStock.co is not liable for losses or gains arising out of Content of any type on the Site, or damages or losses associated with any other use of the Site. You acknowledge that any investment decisions or recommendations you make are entirely at your election and that the Site, and the Content thereon, is solely one additional source of information. You similarly acknowledge that you will not hold any other User or Contributor liable for losses or gains arising out of Content on the Site.
3. Your Account.
If you wish to purchase or subscribe to Content that is available for a charge, or if you wish to be a Contributor to the Site, you must open an account. The Site will not permit you to post to our message boards or forums unless you have an account with us. If you open an account with BestStock.co, you are responsible for maintaining the security of your account, and you are fully responsible for all actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BestStock.co may change or remove any description or keyword that it considers inappropriate, unlawful, or otherwise likely to cause BestStock.co liability. You must immediately notify BestStock.co of any unauthorized uses of your account or any other breaches of security. BestStock.co will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, deactivate, or terminate your account or your use of the Site at any time, for any reason or for no reason. If you provide any information that is untrue, inaccurate, not current or incomplete, or BestStock.co has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BestStock.co has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
You may likewise terminate your account for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.
4. Responsibility of CONTRIBUTORS and users.
When posting User Content to our Site, you must comply with all applicable laws, including without limitation, the rules and regulations of the U.S. Securities and Exchange Commission, any applicable foreign or domestic regulatory body, national or other securities exchanges, including rules against making false or misleading statements to manipulate the price of a security.
You understand that all information, whether publicly posted or privately transmitted, is the sole responsibility of the Contributor from whom such information originated. Subject to these Terms and Conditions of Use, if you are a Contributor, you are entirely responsible for the content of, and any harm resulting from, the User Content you posted on, linked to, or otherwise made available on the Site, or to Users. We strongly encourage all Contributors to disclose any positions they have in investments being discussed (e.g., long, short, no position).
You agree to not use the Site to:
a. upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;
d. upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. upload, post, email, transmit or otherwise make available any material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security, or otherwise engage in stock touting;
h. upload, post, email, transmit or otherwise make available to any User information that purports to be personalized investment advice;
i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j. express or imply that any statements you make are endorsed by us; and/or
k. upload, post, email, transmit or otherwise make available any advertising or promotional materials, or offer to sell or buy any product or service or use the Site for any commercial purpose other than pursuant to a specific arrangement with us.
User Content that violates the above described standards may be removed by BestStock.co staff at their discretion. BestStock.co staff may also remove User Content that contains personal attacks on Users or Contributors. These standards are designed to ensure that the dialogue on the Site is credible and informative. Please be advised that although a Contributor may elect to be publicly identifiable only by the alias he or she chose during registration, BestStock.co's records will contain the actual identity of the Contributor. BestStock.co will not itself disclose the e-mail address of any Contributor to any User except as contemplated under our Privacy Policy, or otherwise facilitate any communication between Contributors and Users except through its message boards and forums.
BestStock.co is not responsible for User Content’s use or effects. By operating the Site, BestStock.co does not represent or imply that it endorses User Content posted on the Site, or that it believes such material to be accurate, useful or non-harmful. While BestStock.co reserves the right to prescreen User Content prior to posting, and to review and remove User Content it believes to be inaccurate, it has no obligation to do so. If you are a User, you accept all risks associated with any User Content being incomplete, incorrect, inaccurate, misleading or false. You are responsible for taking precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Site may contain Content that is offensive, indecent, or otherwise objectionable, or contain technical inaccuracies, typographical mistakes, or other errors. The Site may also contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Under no circumstances will we be liable in any way for any User Content, including any errors or omissions in any User Content or any loss or damage of any kind incurred as a result of the use of any User Content submitted via this Site.
Forums and Public Communication. For your convenience and enjoyment, we may offer discussion boards and other forums (“Forum(s)”) where you can connect with other Users, comment upon Content and submit User Content. All Contributors posts to our Forums constitute User Content and are subject to these Terms and Conditions of Use. You agree that all User Content is the sole responsibility of the individual or entity from whom such User Content originated. This means that individual Contributors (and not BestStock.co) are entirely responsible for all User Content that they submit via the Forum or elsewhere on the Site. You acknowledge that we do not, and indeed cannot, pre-screen all User Content posted to Forum(s), but that we may, in our sole discretion, for any reason whatsoever (or for no reason) pre-screen, refuse, move, monitor or remove any specific piece of User Content that is posted to Forum(s). Without limiting the foregoing, we may remove any User Content that violates the Terms and Conditions of Use or is otherwise objectionable in our sole discretion.
License. You retain all of your ownership rights in the User Content. In submitting User Content, you grant BestStock.co a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Content in connection with BestStock.co in any media format. The license may also be exercised by third parties acting on BestStock.co’s behalf (e.g. technology partners, service providers and independent contractors). You also grant each User a non-exclusive license to access your User Content through BestStock.co, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and distribute Content on third-party Sites or via other devices.
User Content Removal. You can remove any User Content contributed by you (other than User Content contained in posts in Forum(s)) at any time by deleting your account. Deletion of your account will not terminate any User Content licenses granted prior to deletion of your account. You acknowledge that BestStock.co is not obligated to pre-screen all User Content on this Site, but that BestStock.co may, in its sole discretion, pre-screen, refuse, remove, monitor or remove any specific piece of User Content that is available via the Site.
No Obligation to Publish. You agree that whether or not such User Content is published, BestStock.co guarantees no confidentiality or anonymity with respect to any User Content. BestStock.co has not reviewed all of the material, including User Content and computer software, posted to the Site. BestStock.co reserves the right to remove or decline to post any User Content at any time, for any reason or no reason, without notice and at its sole discretion, including if it determines that User Content is inappropriate or fails to comply with these Terms and Conditions of Use. Without limiting any of those representations or warranties, BestStock.co has the right, but not the obligation, in its sole discretion, to refuse or remove any Content. BestStock.co will have no obligation to provide a refund of any amounts previously paid. You acknowledge that BestStock.co may monitor and record activity on the Site for any reason or for no reason and may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities as it deems appropriate.
No Resale of Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or its contents.
5
. DEALINGS WITH THIRD PARTIES OR ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that BestStock.co will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party on the Site. You acknowledge that BestStock.co does not recommend or endorse any products or services, and has no responsibility or liability for your purchases and/or transactions.
Connecting to Third-Party Websites. BestStock.co may offer you the possibility to connect your accounts from websites and social platforms, such as Facebook, with the Site by an application programming interface (API) or other software. By allowing BestStock.co to connect with your accounts on such websites, you consent to BestStock.co accessing the information in those accounts, which information may include personally identifiable information. You likewise consent to BestStock.co publishing on the Site any such information or actions you take on other such applications or websites. Any information accessed or published from your account on another website or application on the Site is considered User Content, and is subject to this Agreement. It is your choice whether to use any such third-party application or website, and you understand that in some instances applications may request to access and publish information about you or your friends that is included in your BestStock.co account. You are responsible for reviewing the terms of use and privacy policy of any application or website before using them, since the terms of use for those websites and applications may differ from ours, and they may use and share information in ways BestStock.co does not.
Content on Third-Party Websites. BestStock.co may link to websites owned and operated by third parties. BestStock.co does not have any control over those non-BestStock.co sites and web pages, and is not responsible for their contents or their use. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which BestStock.co links. By linking to a non-BestStock.co Site or webpage, BestStock.co does not represent or imply that it endorses such website or webpage. These Terms and Conditions of Use do not extend to your use of third-party websites. BestStock.co disclaims any responsibility for any harm resulting from your use of non-BestStock.co sites and web pages.
6. Financial professionals.
Certain of our Contributors may be in the business of providing investment advice. If you elect to engage the services of any Contributor, you are solely responsible for any and all consequences of your activities, transactions and relationships, and you engage such Contributors at your own risk. You acknowledge and agree that BestStock.co does make any representation or warranty regarding the compliance of any third party (including any Contributor) with the rules and regulations of the U.S. Securities and Exchange Commission, any applicable foreign or domestic regulatory body, national or other securities exchanges, and does not endorse any Contributor.
7. Widgets.
We may make available to you widgets via BestStock.co. Widgets are self-contained applications through which you can display select content, products and services. Subject to this Agreement, you may display widgets provided that you do not: i) modify content within the widgets; and ii) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the widgets. You understand and agree that the widgets, a part of BestStock.co and its services, are made available to you “as-is” without warranty of any kind. BestStock.co reserves the right to remove any content from the widgets in its sole discretion and with or without further notice to you.
8. Copyright Infringement and DMCA Policy.
Just as BestStock.co asks others to respect its intellectual property rights, it respects the intellectual property rights of others. In operating the Site, we may act as a “services provider” (as defined by the Digital Millennium Copyright Act, “DMCA”) and offer services as online provider of materials and links to third-party Sites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. BestStock.co has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. BestStock.co has adopted a policy that provides for the immediate removal of any Content or the suspension of any user that is found to have infringed on the rights of BestStock.co or of a third-party, or that have otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement.
If you believe that material located on the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. § 512(c)(2)). We will respond and follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content, including as required (or appropriate), by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BestStock.co or others, BestStock.co may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, BestStock.co will have no obligation to provide a refund of any amounts previously paid to BestStock.co. Infringement notices under the DMCA should be addressed to: support@ileviathan.com.
9. Intellectual Property.
This Agreement does not transfer from BestStock.co to you any BestStock.co or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BestStock.co. BestStock.co, and other trademarks, service marks, graphics and logos used in connection with BestStock.co, or the Site are trademarks or registered trademarks of BestStock.co or BestStock.co's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any BestStock.co or third-party marks. Except as may be otherwise expressly indicated in specific documents on the Site, you are authorized to view, play, print, and download documents and files found on our Site solely for your own personal, informational, and non-commercial purposes.
10. Suspected Violation of these Terms AND CONDITIONS of Use and Termination of Access.
You understand and agree that in BestStock.co’s sole discretion it may terminate your access to the Site, for any reason or for no reason, and without prior notice. BestStock.co may cease operation of this Site at any time in its sole discretion without further obligation to you. You understand and agree that violations of these Terms and Conditions of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to us for violations of this Agreement and you consent to injunctive or other equitable relief for such violations. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Changes TO TERMS AND CONDITIONS OF USE.
BestStock.co may change these Terms and Conditions of Use from time to time, in its sole discretion. BestStock.co encourages visitors to frequently check this page for any changes. If we revise these Terms and Conditions of Use, those changes will appear on this web page and the “Last updated” line at the top of the policy will be updated. Your continued use of this site after any change in these Terms and Conditions of Use will constitute your acceptance of such change. BestStock.co may also, in the future, offer new services and features through the Site (including, the release of new tools and resources). Such new features and services will be subject to this Agreement.
12. Disclaimer of Warranties.
The Site and the information included thereon is for general information purposes only and does not constitute an offer to sell or solicitation of an offer to purchase any security or any advisory or trading management service. Stock recommendations and comments presented on BestStock.co do not represent the views or recommendations of BestStock.co, nor the opinion of BestStock.co on whether to buy, sell or hold shares of a particular stock.
The Site is provided "as is". BestStock.co and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BestStock.co nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Site at your own discretion and risk.
13. Limitation of Liability.
In no event will BestStock.co, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE. BestStock.co will have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty.
You represent and warrant that (i) your use of the Site will be in accordance with the BestStock.co Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third-party.
15. Indemnification.
You agree to indemnify and hold harmless BestStock.co, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site or services on the Site, including but not limited to out of (i) your violation of this Agreement; (ii) your violation of any of these Terms and Conditions of Use; or (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right of Content available on the Site. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Site.
16. PRIVACY AND INFORMATION DISCLOSURE
BestStock.co has established a Privacy Policy to explain to users how their information is collected and used, which is located at support@ileviathan.com.
Your use of the Site signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that BestStock.co may, in its sole discretion, preserve or disclose your User Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms and Conditions of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without his or her consent or as a form of harassment; protect the rights, property, or personal safety of BestStock.co, its users or the general public.
17. Miscellaneous.
These Terms and Conditions of Use, together with the Privacy Policy and any other legal notice published by us on this Site constitute the entire agreement between you and us concerning your use of this Site. This Agreement may only be modified by a written amendment signed by an authorized executive of BestStock.co, or by the posting by BestStock.co of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Site will be governed by the laws of the state of Washington, notwithstanding its conflict of law provisions, and the proper venue for any dispute arising out of or relating to any of the same will be the state and federal courts located in Seattle, Washington. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
18. CONTACT US.
If you have questions about this Agreement, please contact us at support@ileviathan.com.