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  • -0.93 %
  • -$377.49
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  • -0.16 %
  • -$62.56
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  • -0.81 %
  • -$144.28

Terms of Service

Last Updated: July 1, 2024

Welcome to Stocks.News, a service provided by TXTin LLC/IR Agency LLC, based in Newark, NJ, USA. The following Terms of Service (“Terms” or “Agreement”). applies when you access, use or visit Stock.News.com (the “ Site ”) or features made available on the Site, or on mobile applications (“App”) owned and operated by us or our affiliates (collectively the “Service”) that link to these Terms.  Please read these Terms carefully before using our Service. This Agreement constitutes a binding agreement between you and Stock.News and supersedes all prior or contemporaneous agreements with respect to this Site, your use thereof the Service.

IMPORTANT NOTICE - BINDING ARBITRATION AND CLASS ACTION WAIVER: PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT AND IMPACT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING WAIVER OF RIGHTS AND LIMITS ON REMEDIES. BY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. PLEASE CLICK HERE TO READ SECTION 16 OF THIS AGREEMENT FOR FURTHER DETAILS.

If you do not agree to be bound by the terms of this Agreement, please do not access the Service. If you access or use a Service, with or without an active registration, you are hereby notified that your continued use of such Service is subject to all applicable terms and conditions of this Agreement.

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically such as by email or by posting a notice on a Service. The updated terms also will appear in this document, which you can access at any time by going to the Terms of Service link at the footer or to the Legal or Legal Notices area of those Service which are made available as an application. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes. You understand that we are always improving and working on our Service, which means our Service may change over time.

We may modify, suspend or discontinue any part of the Service, or introduce new features or restrictions on part or all of the Service. We also reserve the right to remove any Content (defined below), features, or pages for any reason, in our sole discretion, and without notice to you. You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of the Service or any part thereof.

CONTENTS

  1. Use of the Service

    Stocks.News provides services related to stocks analysis, insider trading information, the latest news from various sources, social media sentiments, and the option for users to add stocks to alerts. Users can register to receive email alerts regarding sentiment changes or mention spikes for specific stocks. 

    When you use the Service, you represent that: (a) the information you submit to the Service is truthful and accurate; (b) your use of the Service does not violate any applicable law or regulation; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement.   You must be 18 years or older to use any part of the Service. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Service, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Service or ask them to complete the purchase and/or registration on your behalf.

    You agree to use Stocks.News for lawful purposes only and not to violate any local, state, national, or international laws or regulations. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you).

    Certain features of the Service may only be available to our registered users. To access those areas of the Service you will be required to log in using your username and password. You are responsible for all activity occurring when the Service are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the
     

  2. Stock.News IS NOT AN INVESTMENT ADVISOR OR REGISTERED BROKER

    Neither Stock.News nor any of its owners or employees is registered as a securities broker-dealer, broker, investment advisor (IA), or IA representative with the U.S. Securities and Exchange Commission, any state securities regulatory authority, or any self-regulatory organization.

    1. Service For Educational and Information Purposes Only; Not Personalized Investment Advice. The Service or any communications made in connection with such Service are not, and should not be construed to be, personalized investment advice directed to or appropriate for any particular user or subscriber of our Service. Likewise, the Service or any communications made in connection with them should not be relied upon for purposes of making transactions in securities or holding any position in securities, nor should they be construed as an offer or solicitation to sell or buy any security. We cannot and do not assess, verify or guarantee the suitability or profitability of any particular investment.
    2. Stock.News specifically disclaims any and all liability or loss arising out of any action taken in reliance on the Service, including but not limited to market value or other loss on the sale or purchase of any property, product, Service, security, instrument or any other matter.
    3. Substantial Risk Involved; Seek Individual Professional Advice Before Investing. Any individual who chooses to invest in any securities of the companies mentioned, referred to or profiled in the Service should do so with caution. Investing or transacting in any securities involves substantial risk; you may lose some, all, or possibly more than your original investment. Any subscriber or user of our Service bears responsibility for their own investment research and decisions and should use information from the Service only as a starting point for doing additional independent research in order to allow individuals to form their own opinion regarding investments. It is easy to lose money trading, and we recommend always seeking individual advice from a licensed or registered professional and educating yourself as much as possible before considering any investments.
    4. Stock.News May Hold Securities Discussed.  Stock.News has not been paid directly or indirectly by the issuer of any security mentioned in our Service. However, Stock.News, its owners, and employees may purchase, sell or hold long or short positions in securities of the companies or any other securities mentioned, discussed or profiled in our Service.
    5. Use of Forward-Looking Statements. Certain statements made in our Service may constitute forward-looking statements within the meaning of Sections 27A of the Securities Act of 1933 and 21E of the Exchange Act of 1934. Forward-looking statements often include words such as “believes,” “anticipates,” “estimates,” “expects,” projects,” intends,” or other similar expressions of future performance or conduct. Forward-looking statements are based on expectations, estimates, and projections at the time the statements are made and are not statements of historical fact. They involve many risks and uncertainties that could cause actual results or events to differ materially from those presently anticipated. There is no guarantee that past performance will be indicative of future results.Stock.News does not undertake any obligation to update forward looking statements in light of new information or future events. Readers can review all public SEC filings made by any public companies mentioned in any of the Service at https://www.sec.gov/edgar/searchedgar/Stock.Newssearch.html

    In the event that any suit or action is instituted as a result under the Stock.News Service or if any suit or action is necessary to enforce or interpret these Terms, Stock.News shall be entitled to recover attorneys’ fees, costs and disbursements in addition to any other relief to which it may be entitled.
     

  3. Intellectual Property Rights
     
    1. Content.  All content included on the Service such as text, graphics, logos, images, audio clips, videos, data, software, and other material (collectively “Content”) is owned or licensed property of Stock.News or its licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Service is the exclusive property of Stock.News and its licensors and protected by U.S. and international copyright.  Stock.News and its licensors expressly reserve all intellectual property rights in all Content.
    2.   License and Access.  Stock.News grants you a limited license to access and make personal use of the Service and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in the “Prohibited Activities” section of these Terms. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method. Accessing, downloading, printing, posting, storing or otherwise using the Service or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of this Agreement.
       
  4. Limitations on Use
     
    1. The Service is for your individual, personal and non-commercial use only. Thus, you may not use the Content, including without limitation, any Content made available through one of our feeds, in any commercial product or service, without our express written consent.
    2. You agree not to use the Service for any unlawful purpose. In addition to other rights, we reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of a Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
    3. You may not share your log-in credentials (including your password) with any other person whatsoever or publish any log-in credentials (or related information) on any public-facing medium. Any violation of this clause will constitute a material breach of this Agreement and may result in us blocking your access to the Service.  You will be responsible and liable for any access to or use of a Service by you or any person or entity using your password/log-in credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent.
    4. You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on or in connection with another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement.
    5. You agree not to modify, reverse engineer, decompile or disassemble any part of the Service, whether in whole or in part, or create, reproduce or distribute any derivative work based on or containing the Content or encourage, assist or authorize any other person to do so. The framing or scraping of or in-line linking to the Service or any Content contained thereon and/or the use of webcrawler, spidering, script, site search/retrieval applications or other manual or automated device, tool, process or other means to retrieve, scrape, text or data mine information or content (including associated metadata), access, copy, index, process and/or store any Content made available on or through the Service other than as expressly authorized by us is prohibited.
    6. You agree not to remove any copyright or other notices from any Content.
    7. You may not access or view the Service with the use of any scripts, extensions, or programs that alter the way the Service are displayed, rendered, or transmitted to you without our written consent.
    8. You agree not to circumvent any technological protection measures that limit or restrict a user’s access to or use of any Service. Without limiting the foregoing, you may not use or incorporate any Content available through a Service for any form of artificial intelligence (“AI”), including in any generative or other form of AI for training or grounding purposes.
    9. You may not create apps, extensions, or other products or services that use our Content (including without limitation in connection with AI) without our express written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as or generate (whether through AI or otherwise) a substitute for a subscription to a Service.
    10. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights; we enforce those rights.
    11. You agree not to impersonate any other person or entity, or invade the privacy, or violate the personal or proprietary rights, of any person or entity.
  5. Rights and Terms for Apps

    Subject to your compliance with these Terms, Stock.News grants to you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
    • copy, modify, or create derivative works based on the App;
    • distribute, transfer, sublicense, lease, lend or rent the App to any third party;
    • reverse engineer, decompile, or disassemble the App; or
    • make the functionality of the App available to multiple users through any means.

    Stock.News reserves all rights in and to the App not expressly granted to you under these Terms.

    The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

    • These Terms are between you and Stock.News, and not with the App Provider, and Stock.News (not the App Provider), is solely responsible for the App.
    • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
    • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Peloton.
    • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
    • In the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Stock.News will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
    • The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

    You represent and warrant that

    • you are not located in a country or region that is subject to a U.S. Government embargo, or comprehensive economic sanctions, that has been designated by the U.S. Government as a terrorist-supporting country;
    • you are not the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Peloton Services;
    • you agree to comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Stock.News Services), technology, and services;
    • you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.

    You must also comply with all applicable third-party terms of service when using the App.

  6. Management of the Service; User Misconduct
     
    1. Right to Manage the Service

      We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Content or any portion thereof; (d) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (e) terminate or block you your use of the Service for violating these Terms.

    2. Right to Terminate Users

      WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.
       

  7. Alerts and Notifications

    By registering for alerts, you agree to receive email notifications related to sentiment changes or mention spikes for stocks you have added to your alert list. We do not guarantee the accuracy, timeliness, or completeness of these alerts, and you acknowledge that market conditions and other factors may impact the reliability of the information provided.

  8. Feedback

    You may submit comments, suggestions or ideas about our Service, including ways in which you would improve or change the Service (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and we do not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant us the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback  or  otherwise  disseminate  your  Feedback for any purpose and in any way without compensation or any obligation to you or any  other third parties. We do not waive any rights to use similar or related feedback or ideas known to us, developed by  our  employees,  or  obtained  from  other  sources.

  9. Privacy Policy 

    In connection with your use of the Service, please review our Privacy Policy [1] to understand how we use information we collect from you when you access, visit or use the Service.
     

  10. Third Party Websites, Products and Services

    Certain sections of a Service may contain links to, or frame third-party websites, content, products or services (collectively, “Linked Content”). Some of this Linked Content may contain our logo or other branding of ours. Notwithstanding the foregoing, the inclusion of any Linked Content does not constitute an endorsement by us, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, control or have any responsibility for the Linked Content, including, without limitation, their content and privacy practices. We encourage you to read the terms and conditions and privacy policy on any Linked Content you use.
     

  11. Intended Use and Reliability of Service

    Our Service may be suspended temporarily or permanently without notice to you for various reasons including but not limited to for security purposes, maintenance or repair, system failures, extenuating personal and business circumstances, natural disasters, other conditions beyond our control or other similar circumstances (collectively, “ Service Interruptions ”). You acknowledge and agree that you are not entitled to any compensations related to such Service Interruptions. We do not offer a Service level or uptime guarantee with our Service.

    You may also experience interruptions or issues in accessing our Service for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan. You acknowledge that the availability of our Service is dependent on your Internet Service Provider (“ISP”), your mobile carrier, and your mobile device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.
     

  12.  Third Party Sites 

    The Service may contain links or access to third-party web sites or Service that are not owned or controlled by us (“Third Party Service”). A description or link to Third Party Service does not imply our endorsement of the Third-Party Service.

    We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Service. You further acknowledge and agree we shall 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 such content, goods or Service available on or through any such Third-Party Service.

    You may be required to agree to additional Third-Party Service ns and conditions, warranties, or other policies. We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Service that you access or use.

    THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD-PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY SITES
     

  13. Contests, Sweepstakes and Promotions

    Any contests, sweepstakes or other promotions (collectively, “ Promotions ”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules shall apply.
     

  14. Disclaimers of Warranties and Limitation of Liability

    (A)  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CONTENT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “ AS AVAILABLE, ” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

    (B)  TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE, THE CONTENT, OR ANY OTHER MATERIALS OR ITEMS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE SERVICE), (II) PERSONAL INJURY, PROPERTY DAMAGE OR INVESTMENT LOSSES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT, MATERIALS OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE CONTENT, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

    (C) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE CONTENT OR ANY OTHER MATERIALS OR ITEMS ON THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100.00 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICE IN THE SIX MONTHS PRECEDING THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF STOCK.NEWS AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“THE STOCK.NEWS PARTIES”) TO YOU FOR DIRECT DAMAGES IS LIMITED TO $100.00. THE STOCK.NEWS PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, BENEFITS OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “ EXCLUDED DAMAGES ”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE STOCK.NEWS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE STOCK.NEWS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
     

  15. Indemnification

    To the extent permitted under applicable law, you agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Service.  information available through the Service, or any violation of this Agreement or the terms and conditions that are applicable to your use of Third-Party Sites. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise under this Section 15. In such event, you shall provide us with such cooperation as is reasonably requested by us.
     

  16. Dispute Resolution, Arbitration and Class Action Waiver 

    PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

    1. Informal Dispute Resolution.  We want to address your concerns without needing a formal legal case.  Most concerns may be quickly resolved in this manner. For any dispute with Alter, you agree to first contact us at support@stocks.news and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The parties shall use their best efforts to settle any dispute directly through consultation and good faith negotiations, and you agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration.  A notice of dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
    2. Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within sixty (60) days from the date the informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then unless an Exception applies as stated below, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Service, the Privacy Policy, or this Agreement, including but not limited to its formation, performance, breach or alleged breach thereof, and regardless of whether the dispute is based in contract, statute, regulation, ordinance, or tort (collectively, “Claims”), by binding arbitration. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

    Except in the event of a Mass Arbitration (as defined below), the parties agree that all Claims shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures .  The seat of the arbitration will be decided pursuant to the JAMS Rules. You or Alter may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

    Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Rules. Except as expressly stated to the contrary below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all arbitrability issues, as well as all issues or Claims arising out of or relating to the interpretation, applicability, or enforceability of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. In any arbitration before JAMS, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

    If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous and not in bad faith, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

    1. Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You and we each further agree to waive our respective right to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.
    2. Exceptions to Arbitration. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction provisions below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
    3. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules is available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.
    4. 30 Day Right to Opt-Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of your decision to opt-out by emailing us at Support@Stocks.News .  The notice must be sent within thirty (30) days of your first use of the Service following the effective date of this Agreement; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
    5. Term for Cause of Action. 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 this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
    6. Exclusive Venue for Litigation Not Subject to Arbitration. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree to submit to the personal jurisdiction of the state and federal courts located in [Essex County, New Jersey], and you and we agree that any litigation shall be filed exclusively in state or federal courts located in [Essex County, New Jersey], (except for small claims court actions which may be brought in the county where you reside). In the event of litigation not subject to this Agreement to Binding Arbitration, you and we agree to waive, to the maximum extent permitted by law, any right to bring a class action or any right to a jury trial, except where a class action or jury trial waiver is not permissible under applicable law.

       
  17. Governing Law and Rules
    These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation, any other controversy or claim for which arbitration is denied for any reason, or any other claim that otherwise proceeds in court, will be an appropriate federal or state court with proper jurisdiction located in the County of Essex in the State of New Jersey .
     
  18. Notice to New Jersey Users 
    Notwithstanding any terms set forth in this Agreement, if any of the provisions set forth are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you, but the rest of the terms shall remain binding on you and the Stock.News. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
     
  19. Notice to California Users
    Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to Support@Stocks.News. California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
     
  20. Claims of Copyright Infringement – DMCA Notice
    We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Service. If you believe any materials accessible on or from the Service infringes your copyright, you may request removal of those materials from the Service by submitting written notification to our Copyright Agent (designated below).

    If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by submitting a written notice (the “DMCA Notice”) to us with the following information :
    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
       

    Completed notices should be sent by email to: support@Stocks.News Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
     

  21. General Provisions
    1. Independent Contractors.  Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user. 
    2. Non-Waiver.  Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of the applicable right to subsequently enforce any term or condition of this Agreement.
    3. Severability.   These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
    4. Assignment.  We may assign our rights under these Terms without your approval and with or without notice to you.
    5. Force Majeure.  We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, pandemics, riots, embargos, acts of civil or military authorities, government, cyber-attacks attributable by public or private parties to state or quasi-state actors, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    6. Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the
       
  22. Contact Us
    If you have any questions or concerns, please contact us at support@stocks.news.

 

 
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