THESE TERMS OF USE ARE AN AGREEMENT BETWEEN YOU AND STOCK
ARENA, LLC (“StockArena”). PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use apply to StockArena’s website, with a homepage located at
www.stockarena.com (the “Website”). “You” or “your” refers to the person using
this Website. These Terms of Use describe the rules that apply to your use of
this Website. StockArena may change these Terms of Use at any time, and such
changes will be posted on the Website and are effective as of the time of such
posting. By using this Website you agree to abide by the most current version
of the Terms of Use.
1. Use by Member Only. This Website may only be used by You,
the person who completes the membership application form and receives a screen
name and password. You agree to keep your password confidential and not to
share this information with anyone. Access of this Website by anyone other than
members is prohibited. You are responsible for maintaining the confidentiality
of your password, and are responsible for any actions taken through the use of
your screen name and password.
2. Termination of Membership. StockArena may terminate or
suspend your membership under the following conditions: (a) if you violate
these Terms of Use; (b) if you violate any applicable law or regulation
relating to your use of this Website; (c) if you engage in any conduct which
StockArena, in its sole discretion, believes is offensive, harmful, defamatory,
or otherwise harmful to StockArena, any member, or a third party. If StockArena
terminates or suspends your membership for any of the foregoing reasons you are
not entitled to any refund and StockArena may also seek and receive any other
legal or equitable remedy.
3. Ownership and Use of Materials. The materials on this
Website belong to StockArena or its third party licensors. There are some
important rules about using and copying these materials. You may download or
print one copy of the materials on this Website, but only for your personal,
noncommercial use. When you download or print a copy of the materials on this
Website, you must also include all copyright and other notices that are in the
materials, including the copyright notice on the bottom of the page. You may
not share the materials from this Website with anyone.
The materials on this Website are protected by United States and foreign
copyright laws. If you use the materials in a way that is not clearly allowed
by these Terms of Use, you are violating your contract with us and may be
violating copyright, trademark, and other laws. In that case, StockArena
automatically revokes your permission to use the materials and you must
immediately destroy any copies you have made. Title to the materials remains
with StockArena or its third party licensors. All rights not expressly granted
are reserved.
4. License to Your Postings and Messages. The Website allows
members the opportunity to post messages and communicate with other members. In
addition, some individuals may choose to provide StockArena with feedback,
comments and ideas. All materials submitted by you or transmitted by you
through the Website (collectively, “Postings and Messages”) will be considered
non-personal, non-confidential, and non-proprietary. You hereby grant
StockArena a perpetual, unrestricted, worldwide, royalty-free, irrevocable
license to use, reproduce, display, perform, modify, create derivative or
collective works, transmit and distribute your Postings and Messages, and agree
that StockArena is free to use such Postings and Messages for any purpose and
in any medium. You further grant StockArena the right to sublicense or assign
any of the foregoing rights to others. In addition, you grant a license to all
Website members to print one (1) copy of your Postings or Messages for their
personal use only.
5. Responsibility for Postings and Messages. All Postings and
Messages appearing on the Website are the responsibility of the person
providing such Posting or Message. StockArena is not responsible for the
contents of any Posting or Message. StockArena does not in any way endorse the
contents of any Posting or Message, nor does it guaranty the accuracy or
completeness of any Posting or Message. THE FACT THAT A PARTICULAR MEMBER HAS A
HIGH RATING OR GRADE DOES NOT INDICATE THAT STOCKARENA ENDORSES ANY MESSAGE OR
POSTING FROM SUCH MEMBER OR THAT THE MESSAGES OR POSTINGS FROM SUCH MEMBER ARE
ACCURATE OR RELIABLE. You agree that StockArena is not responsible or liable to
you or to any third party that may obtain rights through you for any loss or
damage of any kind resulting from or related to any Posting or Message
including any use or reliance by you upon any Posting or Message. You are
advised that Postings or Messages may be false or misleading. Any action you
may take in reliance on any Posting or Message appearing on this Website is
solely at your own risk.
6. Member Conduct. You agree to follow the conduct rules listed
below. If you fail to follow these conduct rules, StockArena may, in its sole
discretion, terminate or suspend your membership without refund, in addition to
pursuing any other legal and equitable remedies including but not limited to
money damages.
a. You will not knowingly provide or post any false, misleading, or fraudulent
information.
b. You will not use this Website for any illegal purpose, nor will you provide
or post any material or information in violation of any applicable law or
regulation, including but not limited to any regulation issued by the
Securities and Exchange Commission, or any rules or regulations of any
securities exchange such as the New York Stock Exchange, NASDAQ, or the
American Stock Exchange.
c. All information provided or posted by you must be original to you, and not
violate the copyright or other proprietary rights of any third party.
d. Information provided or posted by you must not violate the rights of any
third party, including trade secret or privacy rights. In addition, information
provided or posted by you must not be defamatory, harassing, offensive,
threatening, obscene, or otherwise inappropriate or disruptive.
e. You will not hold yourself out as someone you are not or otherwise
impersonate any living person.
f. You will not post any information or content promoting or linking to a
website that promotes or displays illegal content; pornography; violent,
offensive, or discriminatory content; content in any way exploiting minors.
g. You will not interfere or tamper with the functioning of this Website, nor
will you attempt to gain access to information or control of the Website not
specifically granted to you.
h. You will not attempt to manipulate any of the rankings or other measurements
appearing on this Website.
i. You will not use this Website to transmit any virus or similar destructive
program or code.
j. You will not send any Posting or Message in an attempt to manipulate the
price of any stock or other security.
k. You will not harass or send repeated hostile or inappropriate messages to any
other StockArena member.
l. You will not compile any database or list of other Website members, nor will
you use this Website to facilitate the sending of any spam, bulk email, or
email offering to sell goods or provide services.
7. Notification of Violations by Others. If you are aware of
any improper behavior by any other StockArena member, please report this
information to us immediately at support@stockarena.com.
8. Editorial Control. StockArena may, at its sole discretion,
remove any posting at any time and for any reason. StockArena reserves the
right, but does not have any obligation, to monitor Postings and Messages.
9. Contests and Awards. StockArena may, in its sole discretion,
establish contests and awards for Website members. All such contests and awards
are subject to the specific rules and eligibility requirements set forth for
the particular contest or award. Unless specifically noted otherwise in the
rules for the particular contest or award, the following rules and requirements
apply to all contests and awards:
a. You must be a Website member to participate.
b. You must be at least eighteen (18) years of age to participate.
c. StockArena employees, unit holders, and directors, as well as their immediate
family members, may not participate.
d. You are solely responsible for all taxes and liabilities associated with your
receipt of any award.
e. You may not participate if the country or state in which you reside prohibits
such contest or award. In addition, you may not participate, and StockArena
shall have no obligation to make any award (whether cash, gift certificate, or
other award), if the making of or receipt of such award would violate any
applicable law or regulation.
f. StockArena may take all steps it deems necessary to prohibit manipulation or
interference with any contest or award. Such steps may include, but are not
limited to, adjustments to the specific rules or disqualification of a member.
10. Links to Other Websites. This Website may contain links to
websites operated by other parties. The linked websites are not under the
control of StockArena, and StockArena is not responsible for the content
available on any other websites linked from this Website. The appearance of the
links does not imply StockArena's endorsement of material on any other website
and StockArena disclaims all liability with regard to your access to or use of
such linked Websites.
11. Contents of Website. StockArena may change the contents of
the Website and the services offered through the Website at any time.
12. Advertising. This Website may include advertisements for
products or services offered by other companies. StockArena may receive payment
from these advertisers. Although StockArena believes you may find the
information offered by advertisers to be helpful, StockArena does not endorse
or guaranty any product or service offered by advertisers.
13. Use by Adults Only. You must be at least 18 years old to
use this Website. Pursuant to the terms of the Children’s Online Privacy
Protection Act, StockArena does not knowingly collect any personal information
from children under 13. If you believe StockArena has obtained any information
from a child under 13 please report this to us at support@stockarena.com
and StockArena will destroy such information.
14. DISCLAIMERS AND LIMITATION OF LIABILITY.
STOCKARENA IS NOT A QUALIFIED FINANCIAL ADVISOR, AND STOCKARENA DOES NOT ENDORSE
OR RECOMMEND ANY OF THE INFORMATION ON THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE
FOR YOUR OWN FINANCIAL AND INVESTMENT DECISIONS, AND STOCKARENA ENCOURAGES YOU
TO CAREFULLY RESEARCH AND CONSIDER ANY CONTEMPLATED FINANCIAL TRANSACTION AND
TO SEEK THE ASSISTANCE OF A QUALIFIED ADVISOR OR FINANCIAL PLANNER. INFORMATION
POSTED ON THIS WEBSITE MAY BE FALSE OR MISLEADING. ALL CONTENT ON THIS WEBSITE
IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. STOCKARENA MAKES NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS
WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON
IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE
RISK. STOCKARENA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE
WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL
NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE
WEBSITE IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT
STOCKARENA SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS,
DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE.
STOCKARENA SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF STOCKARENA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT
LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION
OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM
ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR
FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE
WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF
GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED
ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS
DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND
THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
15. Indemnity. You agree to indemnify, defend and hold
StockArena, its directors, officers, shareholders, employees, representatives
and assigns (collectively, “Affiliates”) harmless from and against any and all
costs, liabilities, losses, and expenses (including, but not limited to,
reasonable attorneys' fees) resulting from any claim, suit, action, or
proceeding brought by any third party against StockArena or its Affiliates
alleging or arising from or related to your use of the Website or any breach of
these Terms of Use by you. This paragraph survives expiration or termination of
your membership or these Terms of Use.
16. Geographic Scope. The StockArena Website is operated by
StockArena from its offices in Minnesota, U.S.A. StockArena welcomes visitors
from around the world, however StockArena makes no representation or warranty
that the contents of the Website are appropriate or permitted by the laws and
regulations of countries other than the U.S.A. If you choose to access the
Website from other countries you do so at your own risk, and are responsible
for compliance with applicable local laws.
17. Choice of Law/Disputes. You hereby agree that the only
proper jurisdiction and venue for any dispute with StockArena, or in any way
relating to your use of this Website, is in the state and federal courts in the
State of Minnesota, U.S.A. You further agree and consent to the exercise of
personal jurisdiction in these courts in connection with any dispute involving
StockArena or its affiliates, employees, officers, directors, agents, and
providers. Any claims relating to the information, services or products
available on this Website will be governed by the laws of the State of
Minnesota, excluding the application of its conflicts of law rules. You agree
that any cause of action arising out of or relating to these Terms of Use or
your use of the Website will be commenced by you within one (1) year after such
cause of action arose. Actions not commenced by you within one (1) year are
permanently barred. This paragraph survives expiration or termination of these
Terms of Use.
18. Miscellaneous. If any provision of these Terms of Use is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of
such section. You may not sell, assign, or otherwise transfer your membership.
StockArena may assign or transfer its rights with regard to your membership and
these Terms of Use. StockArena's failure to act with respect to any failure by
you or others to comply with these Terms of Use does not waive StockArena's
right to act with respect to subsequent or similar failures. These Terms of Use
set forth the entire understanding and agreement between us with respect to the
subject matter hereof. This paragraph survives expiration or termination of
these Terms of Use.