Terms of Service

 

                             Stockr, Inc.

 TERMS OF SERVICE

 Date of Last Revision: April 16, 2012

 Welcome to Stockr

 In these Terms of Service, “Stockr,” we,” “us” and “our” all refer to Stockr, Inc. and “you” refers to you, the user of our Service (as defined below).  We provide services to you through our website located at www.stockr.com (the “Site”).  Those services, including any new features and applications, and the Site, are referred to collectively as the “Service,” and are subject to the following Terms of Service, as amended from time to time.  We reserve the right, at our sole discretion, to change or modify these Terms of Service at any time without further notice.  Any such change or modification shall be effective immediately and you should regularly visit this page to review the current Terms of Service so you are aware of any revision to which you are bound.  We will post changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised.  Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.  If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Site from time to time, including, without limitation, the Privacy Policy located at https://stockr.uservoice.com/knowledgebase/articles/55975-privacy-policy/.  All such terms are hereby incorporated by reference into these Terms of Service.

 Access and Use of the Service

            Description of Service:  The Service is designed to provide a networking facility for the aggregation and sharing of information about securities, markets, companies and securities portfolios.

             Not an Investment Adviser, Broker-Dealer or Tax Advisor:  Stockr is not a registered investment adviser, broker-dealer or tax advisor. The Service provides general financial information and interactive features intended to inform and educate broad segments of the public and no part of the Service should be considered investment advice. Stockr does not make any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable or advisable for you or for any specific person, or that an investment in such securities will be profitable. No part of the Service should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Stockr or any third party. Stockr may provide access to certain services through contractual relationships with independent third party service providers. Your use of such products and services shall be solely pursuant to your agreement with such third-party financial service providers. You alone 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. In addition to seeking professional investment advice, you should consult an attorney or tax professional regarding your specific legal or tax situation.

 By your use of the Service, you agree and acknowledge that:

  • The Service is provided for information purposes only and is not to be treated as advice to make any specific investment or to pursue any particular investment strategy;
  • No part of the Service is meant to be specific financial advice or a personalized recommendation to buy, sell or hold a security;
  • You should not rely exclusively on any part of the Service to make any financial or investment decisions and you should consult an investment professional familiar with your specific financial situation before making any such decisions;
  • The Service may include certain information obtained from stock exchanges and other third party sources believed to be reliable, but Stockr does not guarantee the sequence, accuracy, completeness, or timeliness of any information contained on the Site;
  • Stockr does not warrant any results from your use or reliance on any information contained on, or functionality provided by, the Service;
  • All content within the Service is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons;
  • Stockr is not obligated to update any information or opinions contained in any of the information within the Service, including that which is subject to change based on varying market conditions or economic circumstances;
  • None of the information contained in the Service constitutes a solicitation, offer, opinion, or recommendation by Stockr to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and
  • The information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.

Accordingly, anything to the contrary herein set forth notwithstanding, Stockr shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

       Your Registration Obligations: You may be required to register with Stockr in order to access and use certain features of the Service.  If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering.  In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. 

            Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Stockr of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Stockr will not be liable for any loss or damage arising from your failure to comply with this Section. 

            Modifications to Service: Stockr reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Stockr will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

            Account Information from Third Party Financial Service Providers:  In connection with your use of the Service, you may direct Stockr to retrieve your individual account information maintained online by a third-party financial service provider with which you have a customer relationship, maintain accounts or engage in financial transactions (your "account information"). Stockr may work with one or more online financial service providers under contract to access this account information at your instruction. Stockr does not retain your account information and makes no effort to review any such account information for any purpose, including but not limited to accuracy, legality or non-infringement. Stockr is not responsible for the products and services offered by any such third-party financial service providers. 

Stockr cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Stockr assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings associated with such account information maintained by a third party service provider. 

            Limitations of Information Provided:  The information available through the Service may not be timely, accurate or complete and should not be relied upon exclusively for making any decisions. 

The Service will contain opinions concerning companies, products/services, securities, portfolios of securities, transactions and investment strategy. However, they are solely the opinions of their author. While we reserve the right to delete content in our sole and absolute discretion, we do not commit to review any such information before or after it is posted, and do not guarantee that we will do so in response to a request for such review or otherwise. We do request, however, that if you believe that any information available through the Service contains misappropriated content, or is otherwise in violation of any law, rule or regulation, that you notify Stockr. 

Any performance information presented as part of the Service is historical and is not indicative of future results. Performance results for any particular investment or user will vary, potentially materially so, based on timing of investments and other factors. 

            General Practices Regarding Use and Storage: You acknowledge that Stockr may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Stockr’s servers on your behalf. You agree that Stockr has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Stockr reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Stockr reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

Conditions of Use 

            User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.  The following are examples of the kind of content or use that is illegal or prohibited by Stockr.  Stockr reserves the right to investigate and take appropriate legal action against anyone who, in Stockr’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  You agree to not use the Service to: 

a)             email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or otherwise objectionable; or (vii) in the sole judgment of Stockr, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Stockr or its users to any harm or liability of any type;

b)            interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

c)             violate any applicable local, state, national or international law, or any regulations having the force of law;

d)            impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e)             solicit personal information from anyone under the age of 18;

f)             harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g)            advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h)             engage in activities intended to manipulate the securities markets or the prices of individual securities, including spreading false rumors calculated to cause an increase or decrease in the price or trading volume of securities;

i)              engage in activities that require registration as a broker-dealer, investment adviser or other registered person unless you are registered and qualified to do so;

j)              offer securities owned or issued by you if such offering would violate applicable federal or state securities laws;

k)             further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

l)              obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. 

Posting Rules:  Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things and we encourage freedom of speech and a marketplace of ideas. But by using these areas of the Service, you are participating in a community that is intended for all our users. 

Therefore, we reserve the right to remove any content posted on our Site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by Stockr in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our Site. When using the Service, please do not post material that: 

  • Contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
  • Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, and unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
  • Violates any right of Stockr or any third party.
  • Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
  • Violates or evades the requirements of any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such a violation or evasion.
  • Unfairly interferes with any third party's uninterrupted use and enjoyment of the Service.
  • Advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • Uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material.
  • Uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service.
  • Includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
  • Uploads or transmits viruses or other harmful, disruptive or destructive files.
  • Disrupts, interferes with, or otherwise harms or violates the security of the Service, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Service or affiliated or linked sites.
  • Harasses any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. 

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES. 

            Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to U.S. export controls.  No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.  Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. 

            Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.  The Service is for your personal use. 

Intellectual Property Rights 

            Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by Stockr, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.  In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.  The technology and software underlying the Service or distributed in connection therewith is the property of Stockr, our affiliates and our partners (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by Stockr. 

The Stockr name and logos are trademarks and service marks of Stockr (collectively the “Stockr Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Stockr. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Stockr Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Stockr Trademarks will inure to our exclusive benefit. 

            Third Party Material:  Under no circumstances will Stockr be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service.  You acknowledge that Stockr does not pre-screen content, but that Stockr and its designees will have the right (but not the obligation), in their sole discretion, to refuse or remove any content that is available via the Service. Without limiting the foregoing, Stockr and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Stockr, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

            User Content Transmitted Through the Service:  You are solely responsible for the content and other materials you upload through the Service or share with other users or recipients (collectively, “User Content”).  You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.  By uploading any User Content you hereby grant and will grant Stockr and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. 

Feedback and Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service provided by you to Stockr (collectively, the “Submissions”) are non-confidential and Stockr will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby assign to Stockr all title to any and all Submissions and all related patents, copyrights, trade secrets or other intellectual property rights in such Submissions.  By submitting a Submission, you represent and warrant that you have all rights necessary to submit the Submission and assign to Stockr all rights, title and interest in and to the Submissions and that the Submissions shall not violate, infringe, or otherwise misappropriate any third party intellectual property rights. 

Preservation and Disclosure of Content: You acknowledge and agree that Stockr may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Stockr, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

            Copyright Complaints: Stockr respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Stockr of your infringement claim in accordance with the procedure set forth below. 

Stockr will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to Stockr’s Copyright Agent at customerservice@stockr.com (Subject line:  “DMCA Takedown Request”).  You may also contact us by mail at: 

Stockr, Inc.

137 Bay Street, #7

Santa Monica, CA 90405 

To be effective, the notification must be in writing and contain the following information: 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

            Repeat Infringer Policy:  In accordance with the DMCA and other applicable law, Stockr has adopted a policy of terminating, in appropriate circumstances and at Stockr's sole discretion, users who are deemed to be repeat infringers.  Stockr may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

Third Party Websites 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Access to third party sites is provided as a service to users and such third party sites are not sponsored by or affiliated with the Service or Stockr, unless identified as such.  Stockr has no control over such sites and Stockr makes no representations or warranties about the content, completeness, or accuracy of these third party sites.  You further acknowledge and agree that Stockr will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.   Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Stockr is not liable for any loss or claim that you may have against any such third party. 

Social Networking Services 

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into third party services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Stockr’s use, storage and disclosure of information related to you and your use of such services within Stockr (including your friend lists and the like), please see our Privacy Policy at https://stockr.uservoice.com/knowledgebase/articles/55975-privacy-policy/. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Stockr shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. 

In addition, Stockr is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Stockr is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Stockr enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. 

Indemnity and Release 

You agree to release, indemnify and hold Stockr and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 

Disclaimer of Warranties 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STOCKR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

STOCKR MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT STOCKR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STOCKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL STOCKR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STOCKR IN THE LAST SIX MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

Arbitration 

At Stockr’s or your election, all disputes, claims, or controversies arising out of or relating to these Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor.  Unless otherwise agreed by the parties, arbitration will be held in Santa Monica, California. before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in these Terms of Service.  The arbitration must commence within 45 days of the date on which a written demand for arbitration is filed by either party.  The arbitrator’s decision and award will be made and delivered within 60 days of the conclusion of the arbitration and within six months of the selection of the arbitrator.  The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Service, and each party hereby irrevocably waives any claim to such damages.  The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding.  Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award.  Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm.  The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. 

Termination 

You agree that Stockr, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Stockr believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Stockr may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Stockr may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Stockr will not be liable to you or any third party for any termination of your access to the Service. 

User Disputes 

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Stockr will have no liability or responsibility with respect thereto.  Stockr reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service. 

General 

These Terms of Service constitute the entire agreement between you and Stockr and govern your use of the Service, superseding any prior agreements between you and Stockr with respect to the Service. You also may be subject to additional terms and conditions that may apply when you subscribe for one or more Services requiring separate subscription, or use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Stockr agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California.  The failure of Stockr to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. 

Your Privacy 

At Stockr, we respect the privacy of our users. For details please see our Privacy Policy.  By using the Service, you consent to our collection and use of personal data as outlined therein.

Notice for California Users 

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

Questions?  Concerns?  Suggestions?
Please contact us at customerservice@stockr.com
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