Last Updated and Effective: July 20th, 2023
Welcome to Stock Story! By
accessing or using our website at stockstory.org
and any subdomains (collectively the "Site"),
or other products, services (including any related mobile
applications), and information provided to you by us (collectively
along with the Site, the “Services”),
additional terms or product requirements applicable to the Services
not authorized to use or access the Services.
The Services are provided by
Stock Story, Inc (“Stock
refer to any person or entity using the Services. We may revise these
check this page from time to time to take notice of any changes we
make, as they are binding on you throughout the length of time that
you use the Services.
You may create an account on the Services by providing information about yourselves (such as identification or contact details) as part of the registration process for Services, or as part of the continued use of Services. Users must provide truthful, accurate, complete and updated information to create their account on the Services. If your account contains any misleading or false information you may be barred from accessing the Services now and in the future.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Stock Story, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us at firstname.lastname@example.org.
The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Stock Story to any registration requirement within such jurisdiction or country.
MODIFICATION OF SERVICES
We are always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
ELIGIBILITY AND MINIMUM AGE
You must be at least 18 years of age, or the age of the majority of your province, territory or country, to register your account and use the Services. By creating an account and/or using the Service, you represent, warrant and covenant that:
You can form a binding
contract with Stock Story.
You are not located in a
country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting”
You are not prohibited by law
from using our services.
You do not have more than one
account on our Services.
You are not a person who is
barred from using the Service under the laws of the United States or
any other applicable jurisdiction.
You acknowledge that the
Services have been developed, compiled, prepared, revised, selected
and arranged by Stock Story and others (including certain other
information sources) through the application of methods and
standards of judgment developed and applied through the expenditure
of substantial time, effort and money and constitutes valuable
intellectual property and trade secrets of Stock Story and such
You agree to protect the
proprietary rights of Stock Story and all others having rights in
the Services during and after the term of this agreement and to
comply with all reasonable written requests made by Stock Story or
its suppliers of content, equipment or otherwise to protect their
and others' contractual, statutory and common law rights in the
You agree to notify Stock
Story in writing promptly upon becoming aware of any unauthorized
access or use of the Services by any party or of any claim that the
Services infringe upon any copyright, trademark, or other
contractual, statutory or common law rights.
If at any time you cease to meet any of these requirements, you must immediately delete your account.
The Services are owned and operated by Stock Story. Unless otherwise explicitly specified by Stock Story, all information and materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, the “look and feel” of the Services, documents, articles, products, graphs, photos, sounds, videos, reports and interactive features (collectively, "Stock Story Content"), are owned, controlled, or licensed by Stock Story. Stock Story Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. The Stock Story Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Services. Any unauthorized use of Stock Story Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
SOFTWARE LICENSE AND SERVICES
unless expressly permitted by local law, you represent that you will
and you agree not to:
use the Site or Services for any illegal purpose;
Stock Story owns and retains
all proprietary rights in the Services. Unless otherwise specified
herein, the provision of the Services does not transfer to User or
any third party any rights, title or interest in or to such
intellectual property, including, without limitation, any
intellectual property rights in any Stock Story or third-party
Stock Story does not oversee,
monitor, or otherwise guarantee any content accessed via the Site or
Services and provides no warranty with regard to this. Users are
responsible for their own decisions. All rights not expressly granted
herein are reserved. Where you purchase a subscription or a license
to access any Services or Stock Story Content, you may not share that
subscription or license with others. Stock Story may impose
reasonable limits on your scope of access to any Services or Stock
Story Content, including limits on time or the number of materials
accessed or machines used to access such Services or Stock Story
Content, to prevent unauthorized third-party access to or use of that
Stock Story Content.
Stock Story may investigate
and take any available legal action in response to illegal and/ or
unauthorized uses of the Service, including termination of your
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You retain all rights and are
solely responsible for the information that you provide to us and all
content that you upload, post, deliver, publish, distribute, provide
or otherwise link, transmit or store (hereafter “post”
in connection with or relating to the Service (“User
therefore, you agree to indemnify, defend, release, and hold us
harmless from any claims made in connection with User Content.
Notwithstanding the above, you grant us a non-exclusive,
royalty-free, transferable, sub-licensable, worldwide license to use,
host, store, display, reproduce, re-post, modify, create derivative
works, perform, and distribute User Content on the Site or Services
or other third party websites or applications for purposes directly
related to operating the Site or the Services including: providing,
improving, promoting, developing, or facilitating the Services and
use of the Services by you and other users. We reserve the right to
access your account in order to respond to your requests for
technical support. You agree that any User Content you place or that
you authorize us to place on the Services may be viewed by other
users and may be viewed by any person visiting or participating in
the Services. By uploading User Content, you represent and warrant to
us that you have all necessary rights and licenses to do so. Stock
Story’s license to your User Content shall be non-exclusive, except
that Stock Story’s license shall be exclusive with respect to
derivative works created through use of the Services. You understand
and agree that we may monitor or review any User Content you post as
part of a Service. We may delete any User Content, in whole or in
harm the reputation of the Service.
In addition to the foregoing, you grant to Stock Story, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you to Stock Story without compensating you. In consideration of Stock Story allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services.
You agree that Stock Story may
access, preserve and disclose your account information and User
Content if required to do so by law or in a good faith belief that
such access, preservation or disclosure is reasonably necessary, such
(iii) respond to claims that any User Content violates the rights of
third parties; (iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of Stock Story or
any other person.
You represent and warrant to
us that the information you provide to us or any other user is
accurate, including any information submitted through any other
third-party sources (if applicable), and that you will update your
account information as necessary to ensure its accuracy. User Content
included on your individual profile should be relevant to the
intended use of our Services. You may not display any personal
contact or banking information, whether in relation to you or any
other person (for example, names, home addresses or postcodes,
telephone numbers, email addresses, URLs, credit/debit card or other
You understand that even
though data transfers on the Site and Services are encrypted and we
do our best to protect the security of your information and User
Content, we cannot guarantee that certain operation of the Services,
including transmission to and by Stock Story's third-party vendors
and hosting partners to provide the necessary hardware, software,
networking, storage, and related technology required to operate and
maintain the Services will always be properly encrypted. Accordingly,
you acknowledge that you bear sole responsibility for adequate
security, protection and backup of User Content. We will have no
liability to you for any unauthorized access or use of any of User
Content, or any corruption, deletion, destruction or loss of any of
Our Services may only be used for lawful and ethical purposes. You agree that you will not post:
User Content based on your
knowledge of any material non-public information or User Content
that constitutes material, non-public information;
User Content that
impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity, including Stock Story;
Personal information of any
third party, including, without limitation, surname (family name),
addresses, phone numbers, email addresses, Social Security numbers
and credit card numbers;
Viruses, corrupted data or
other harmful, disruptive or destructive files;
User Content that involves
the transmission of “junk” mail or “spam”;
User Content that advertises
or promotes any undertaking, for profit or otherwise, to other users
or relates to commercial activities (including, without limitation,
sales, competitions, promotions, and advertising);
User Content that includes
the image or likeness of another person without that person’s
consent (or in the case of a minor, the minor’s parent or
guardian), or is an image or likeness or a minor unaccompanied by
the minor’s parent or guardian;
User Content that is
completely unrelated to the topic of the Site and Services;
User Content that is abusive,
insulting or threatening, discriminatory or which promotes or
encourages racism, sexism, hatred or bigotry; or
User Content or links to content that, in the sole judgment of Stock Story, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site or the Services, (d) spreads or supports hateful, obscene, inflammatory, defamatory, libelous or incendiary speech or content; (e) promotes sexually explicit or violent content, (f) could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy other users or persons, (g) which may expose Stock Story or its affiliates or its users to any harm or liability of any type.
When you post any User Content, you also agree to abide by the following rules at the time of posting such User Content:
In the event your account is
terminate. Accordingly, upon termination, your right to use the
Services will immediately cease and you will lose all data related to
your account. In such an event, you must cease all use of the Site
and Services. Our failure to insist upon or enforce your strict
any of our rights.
FREE TRIALS, SUBSCRIPTIONS AND PAYMENTSWe may make certain products, contents and/or services available to users of the Services in consideration of a subscription fee or other fees (“Subscription Fees”), including the ability to purchase certain products, services and enhancements to the Services (“Premium Services”).
We will automatically provide
all new users with access to use certain Premium Services, chosen at
our sole discretion, free of charge for a 7-day trial period (“Trial
may also provide existing users with an option to access and use the
aforementioned Premium Services free of charge for the Trial Period.
Such free trials are limited to one trial per account unless
otherwise allowed by us at our sole discretion. At the end of the
Trial Period, you may choose to purchase the Premium Services for the
applicable Subscription Fees. In the event that you opt not to
purchase the Premium Services at the end of the Trial Period your
access to Premium Services will automatically terminate and you will
only be able to access non Premium Services, that we choose to
provide you at our sole discretion, until such time that you
subscribe to pay for the Premium Services. Notwithstanding anything
to the contrary contained herein, we reserve the sole and exclusive
right to revoke the free trial at any time and put your account on
hold in the event that we have reasonably determined that you are not
eligible, due to any abuse of the free trial or otherwise.
When subscribing to Premium
Services, you will need to provide us with your name, email address,
billing and shipping address, as well as your credit card
information. You certify that all information you provide is
accurate. You also agree to maintain and update your information as
necessary so that it remains accurate and current. In the event that
any information you provide is inaccurate or not up to date, Stock
Story reserves the right to cancel your subscription.
If you choose to use Premium
Services, you acknowledge and agree that additional terms may apply
to your use of, access to and purchase of such Premium Services, and
such additional terms are incorporated herein by reference. When your
paid subscription commences (which occurs at the expiration of your
free trial, or if you are not receiving a free trial, upon your
registration for Premium Services) your payment account will be
billed the applicable Subscription Fees and access to Premium
Services will be granted or continue as the case may be. You
authorize us and/or our third-party payment processors to charge and
process your chosen payment method. If payment is not received by us
from your chosen payment method, you agree to promptly pay all
amounts due upon demand by us. Some Premium Services may charge you
sales tax or any other applicable tax which may be charged in
addition to the Subscription Fees, depending on where you live, which
may change from time to time. Stock Story reserves the right to
revise Subscription Fees upon reasonable notice.
If you purchase an
auto-recurring periodic subscription, your payment method will
continue to be billed for the subscription until you cancel. After
your initial subscription commitment period, and again after any
subsequent subscription period, your subscription will automatically
continue for an additional equivalent period, at the price you agreed
to when subscribing. By purchasing any auto-recurring periodic
subscriptions, you provide your electronic authorization for future
charges against your credit card on file unless you cancel.
Stock Story utilizes
third-party payment processors for all transactions. None of your
payment information, including credit card details, is stored with
us. The only personal information we gather is limited to what is
necessary for identity verification during the subscription process.
This may include your name, account password, and email address,
which we obtain directly from you or through third-party accounts
linked to Stock Story authorized by you. Under no circumstances is
any personal information shared or sold to any non-essential outside
parties. The release of limited personal information to outside
parties is needed to validate against fraud in the case of
subscription payments, verify access to the subscriber’s section of
the website and allow our third-party credit card processing company
to charge the appropriate credit card.
CANCELLATION AND REFUND POLICY
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to access your account settings on Stock Story, and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Stock Story application from your device. Deleting your account on Stock Story or deleting the Stock Story application from your device does not cancel your subscription; Stock Story will retain all funds charged to your payment method until you cancel your subscription on Stock Story, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. We do not offer pro-rated refunds mid-subscription term.
Except for products offering a
your payment for the Premium Services is non-refundable and we will
not, under any circumstances, issue cash refunds for early plan
In the event that you
subscribe for an annual subscription (i.e. a subscription for 12
months of access to Premium Services starting from the date the paid
subscription commences (“Annual
we offer you a 14-day money back guarantee whereby you will be
eligible to claim a full refund of any Subscription Fees paid by you
for such Annual Subscription in the event that you cancel the Annual
Subscription within 14 days of the date of commencement of the Annual
Subscription. If you do not cancel your Annual Subscription before
the 14-day period ends, you will not be eligible to claim any refund
whatsoever from us unless we otherwise decide to provide at our sole
discretion. We may occasionally provide promotional discounts for
Annual Subscription plans; such discounts will be applicable for the
first year of your Annual Subscription only.
Stock Story and its
third-party operational service providers reserve the right, with or
without prior notice, for any or no reason, to change product
descriptions, images, and references; to limit the available quantity
of any product; to honor, or impose conditions on the honoring of,
any coupon, coupon code, promotional code or other similar
promotions; to bar any user from conducting any or all
transaction(s); and/or to refuse to provide any user with any
product. Further, if we terminate your use of or registration to the
be entitled to a refund of any unused portion of any fees, payments
or other consideration.
INTENDED PREMIUM USERS
Our Premium Services are aimed
at and published for individuals residing in the United States. We
make no representation that the Premium Services are appropriate for
users outside the United States or permitted under the laws of other
If you choose to access or use
the Premium Services from a location other than the United States or
you are otherwise not a United States resident, you do so at your own
initiative and risk, and you bear full responsibility for compliance
with any applicable local laws.
STATE SPECIFIC TERMS
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in
Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New
York, North Carolina, Ohio, Rhode
Wisconsin, the terms below apply:
You may cancel your
subscription, without penalty or obligation, at any time prior to
midnight of the third business day following the date you subscribed.
In the event that you die before the end of your subscription period,
your estate shall be entitled to a refund of that portion of any
payment you had made for your subscription which is allocable to the
period after your death. In the event that you become disabled (such
that you are unable to use the services of Stock Story) before the
end of your subscription period, you shall be entitled to a refund of
that portion of any payment you had made for your subscription which
is allocable to the period after your disability by providing the
company notice in the same manner as you request a refund as
To request a refund under this
provision please contact us at please contact us at
Notice to California
California Civil Code Section
1789.3 requires us to provide you with the following information: You
may file grievances and complaints with the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of
Consumer Affairs, 400 R Street, Suite 1080, Sacramento, California,
95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by
email at email@example.com.
PUSH NOTIFICATION, COMMUNICATIONS AND LOCATION BASED FEATURES
By registering an account and/or using the Service, you consent to receiving electronic communications from us relating to your account, purchases and the Services. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
After accessing the Services,
you may be asked to accept or deny push notifications/alerts. If you
deny, you will not receive any push notifications/alerts. If you
accept, push notifications/alerts will be automatically sent to you.
If you no longer wish to receive push notifications/alerts from the
Services, you may opt out by changing your notification settings on
your mobile device. With respect to other types of messaging or
communications, such as emails, text messages, etc., you can
unsubscribe or opt out by either following the specific instructions
included in such communications, by simply changing your account
settings as you see fit or by emailing us with your request at
The Services may allow access
to or make available opportunities for you to view certain content
and receive other products, services and/or other materials based on
your location. To make these opportunities available to you, the
Services will determine your location using one or more reference
points, such as GPS, Bluetooth and/or software within your mobile
device. If you have set your mobile device to disable GPS, Bluetooth
or other location determining software or do not authorize the
Services to access your location data, you will not be able to access
such location-specific content, products, services and materials. For
more about how the Services uses and retains your information, please
You understand that no content published on the Services constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that neither Stock Story nor our affiliates or information providers are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Services may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Services will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Services may have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Articles, reports, postings or content on the Services which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that the
Services may contain opinions from time to time with regard to
securities mentioned in another part of the Services which may have
different content. While we require all users to disclose every stock
in which they, their immediate family, or any entity under their
control, have a personal interest, if such stock is mentioned in a
User Content, you, however, understand and agree that we will have no
liability to you for any access or use of any of User Content whether
or not such User Content contains such disclosures. You understand
that performance data is supplied by sources believed to be reliable,
that the calculations on our Services are made using such data, and
that such calculations are not guaranteed by these sources, the
information providers, or any other person or entity, and may not be
From time to time, reference
may be made on our Services to prior articles and opinions we have
published. These references may be selective, may reference only a
portion of an article or opinion, and are likely not to be current.
As markets change continuously, previously published information and
data may not be current and should not be relied upon.
All content on the Services is
presented only as of the date published or indicated, and may be
superseded by subsequent market events or for other reasons. In
addition, you are responsible for setting the cache settings on your
browser to ensure you are receiving the most recent data.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
Stock Story is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (SEC) or with any state securities regulatory authority. Rather, Stock Story relies upon the “publisher’s exclusion” from the definition of investment adviser as described in Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As stated earlier, we do not offer individualized advice tailored to any specific portfolio or to any user’s particular needs. Our communication with you is entirely impersonal and it does not in any way establish a fiduciary relationship between you and Stock Story that are characteristic of investment adviser-client relationships. We do not know your financial situation, risk tolerances, or investing objectives. Accordingly, any information provided by us do not constitute a recommendation that a particular security, strategy or action taken is suitable for you or any specific person for that matter.
The Services base its
recommendations and forecasts on techniques, information and sources
believed to be reliable in the past and cannot guarantee future
accuracy and results. We or any of our affiliates or personnel will
not be liable for any investment decision you make, or action you
take based upon reliance of any material provided by us.
The Services are not intended
to provide tax, legal, insurance or investment advice, and nothing on
the Services should be construed as an offer to sell, a solicitation
of an offer to buy, or a recommendation or promotion for any security
by Stock Story or any third party. Stock Story does not hold
investment licenses and is thus not licensed to provide investment
advice. The content of the Services is not provided to any individual
with a view toward their individual circumstances or any specific
portfolio, but instead is of a strictly general and impersonal
nature. Individuals should assume that all information contained on
our website or in our newsletter is not trustworthy unless verified
by their own independent research. 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. You
should consult an attorney or tax professional regarding your
specific legal or tax situation.
The Services contain
information, including, without limitation, statements and statistics
that have been obtained from sources we believe to be reliable,
however, we do not provide any assurance or guarantee as to the
accuracy or completeness of the information provided. Stock Story has
no first-hand knowledge of any profiled company’s operations and
therefore cannot comment on their capabilities, intent, resources,
nor experience and makes no attempt to do so.
Information contained in the
Services may also include forward-looking statements as defined under
Section 27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934. You are cautioned not to place undue
reliance upon these forward-looking statements. These forward-looking
statements are subject to a number of known and unknown risks and
uncertainties that could cause actual operations or results to differ
materially from those anticipated. Factors that could affect
performance include, but are not limited to, those factors that are
discussed in each profiled company’s most recent reports or
registration statements filed with the SEC. You should consider these
factors in evaluating the forward-looking statements included in the
report and not place undue reliance upon such statements. The past
performance of a mutual fund, stock, or investment strategy cannot
guarantee its future performance. You should consult an attorney or
tax professional regarding your specific legal or tax situation
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE THAT THE
SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND IS NOT
INTENDED FOR TRADING PURPOSES, THE SERVICE INCLUDES INFORMATION TAKEN
FROM THE NEW YORK STOCK EXCHANGE, AMERICAN STOCK EXCHANGE, NASDAQ
AND/OR OTHER SOURCES, STOCK STORY DOES NOT GUARANTEE THE SEQUENCE,
ACCURACY, USEFULNESS, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE
SERVICE AND THE PROVISION OF CERTAIN PARTS OF THE SERVICE IS SUBJECT
TO THE TERMS AND CONDITIONS OF OTHER AGREEMENTS TO WHICH STOCK STORY
IS A PARTY. ACCORDINGLY, ANYTHING TO THE CONTRARY HEREIN SET FORTH
NOTWITHSTANDING, STOCK STORY, ITS OFFICERS AND EMPLOYEES, GENERAL
PARTNER, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, SUPPLIERS
AND ITS THIRD-PARTY AGENTS SHALL NOT, DIRECTLY OR INDIRECTLY, BE
LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR ANY INACCURACIES
OR ERRORS IN OR OMISSIONS FROM THE SERVICE INCLUDING, BUT NOT LIMITED
TO, QUOTES AND FINANCIAL DATA, ABSTRACTS, DELAYS, ERRORS OR
INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE SERVICE OR ANY
LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY
REASON OF NONPERFORMANCE.
YOU ACKNOWLEDGE THAT YOUR USE
OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS
LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM
SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND
WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE
YOU ACCESS OR USE THE SERVICES.
STOCK STORY TAKES NO
RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD
PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK. STOCK STORY DISCLAIMS AND
TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON
OR OFF THE SERVICE.
TO THE EXTENT PERMISSIBLE
UNDER APPLICABLE LAWS, IN NO EVENT SHALL STOCK STORY, OR ITS
SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR
PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME
OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR
RELATIONSHIP WITH STOCK STORY.
LINKS TO THIRD PARTY WEBSITES
Our Services may contain advertisements and promotions offered by third parties and links to third-party web sites or services that are not owned or controlled by Stock Story.
We have no control over, and
assume no responsibility for, the content, privacy policies, or
practices of any third-party web sites or services. You further
acknowledge and agree that Stock Story 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 services available on or through any such
web sites or services.
We strongly advise you to read
the terms and conditions and privacy policies of any third-party web
sites or services that you visit.
LIMITATION OF LIABILITY
IN NO EVENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL STOCK STORY BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE STOCK STORY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STOCK STORY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; (H) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF STOCK STORY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.
IN NO EVENT WILL STOCK STORY’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION
EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO STOCK STORY IN THE PAST
SIX MONTHS, OR $10, WHICHEVER IS GREATER. THIS SECTION SHALL SURVIVE
ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH STOCK STORY.
YOU AGREE THAT IN THE EVENT
YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF STOCK
STORY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE
NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT,
SERVICE, OR OTHER STOCK STORY CONTENT OWNED OR CONTROLLED BY STOCK
STORY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE
DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR
EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER
STOCK STORY CONTENT OWNED OR CONTROLLED BY STOCK STORY.
BY ACCESSING THE SERVICES, YOU
UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT
ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY
EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF
CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH
PROVIDES AS FOLLOWS: "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."
THE OBLIGATIONS UNDER THIS
SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF
USE OR YOUR USE OF THE SERVICES.
INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA COMPLIANCE
Users may not post content or use the Services for content that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to users. Please notify us if you are aware of any intellectual property right infringement by a user of our Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “DMCA”), we designate the following individual to receive any notifications of an alleged infringement:
Stock Story, Inc., 651 North Broad Street, Middletown, DE 19709 United States
An effective notification should include:
A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:
We are responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to the Services.
It is often difficult to
determine if your intellectual property rights have been violated or
if the DMCA requirements have been met. We may request additional
information before we remove any infringing material. If a dispute
develops as to the correct owner of the rights in question, we
reserve the right to remove your content along with that of the
alleged infringer pending resolution of the matter.
Stock Story will provide you
with notice if your materials have been removed based on a
third-party complaint of alleged infringement of the third-party's
intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT
THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL
PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS' FEES INCURRED BY STOCK STORY, BY ANY COPYRIGHT OWNER, OR
BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF
RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your
notice to the provider of the allegedly infringing material.
We have a policy of
terminating accounts of users who repeatedly and intentionally
infringe the intellectual property rights of others.
The obligations under this
section shall survive any termination or expiration of these Terms of
Use or your use of the Services.
Story concerning the subject matter described hereunder and supersede
all prior agreements.
Users may submit complaints, in writing, to firstname.lastname@example.org. Users must provide a detailed description of the basis of their complaint and their contact information to enable us to respond in a timely and appropriate fashion. All complaints are reviewed by Stock Story and Stock Story shall make commercially reasonable efforts to provide a response to users within 30 calendar days of submitting their complaint.
If another user submits a
complaint about your use of the service we will investigate and, if
will be disabled on a temporary or permanent basis.
DISPUTE RESOLUTION PROCESS AND SCOPE
Initial Dispute Resolution – You and Stock Story each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved in accordance with this “Dispute Resolution Process and Scope” Section. Before serving a demand for arbitration of a claim, User must first notify Stock Story of the claim by email to email@example.com, and seek informal resolution of the claim. Any notice from you must include your name, pertinent account information, a brief description of the claim, and your contact information. Stock Story shall have 60 days from the date of the receipt of the notice to informally resolve your claim, which, if successful, will preclude the need for any further action.
If the parties do not reach an agreed-upon solution within a period
of sixty (60) days from the time informal dispute resolution is
initiated under the Initial Dispute Resolution provision above, then
You and Stock Story each agree that such Dispute will be resolved
solely by binding, individual arbitration and not in a class,
representative or consolidated action or proceeding. You and Stock
Story agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this Agreement, and that you and
Stock Story are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision shall
survive termination of this Agreement.
Notwithstanding the parties' decision to resolve all disputes through
arbitration, as limited exceptions to the “Binding Arbitration”
Section above (i) either party may seek to resolve a Dispute in small
claims court if it qualifies; and (ii) we retain the right to
seek injunctive or other equitable relief from a court to prevent (or
enjoin) the actual or threatened infringement or
misappropriation of our intellectual property rights or proprietary
the right to opt out of arbitration entirely and litigate any Dispute
if you provide us with written notice of your desire to do so by
email at firstname.lastname@example.org
within thirty (30) days following the date you first agree to
Arbitration and Arbitration Rules.
The arbitration will be conducted by the American Arbitration
Association (“AAA”) under
its Consumer Arbitration Rules (the “AAA
in effect, except as modified by this Agreement. The AAA Rules are
available at www.adr.org
or by calling 1-800-778-7879. A party who wishes to start arbitration
must submit a written Demand for Arbitration to AAA and give notice
to the other party as specified in the AAA Rules. The AAA provides a
form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the
arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic or video-conference
hearing, or by an in-person hearing as established by the AAA Rules.
If your claim exceeds U.S. $10,000, the right to a hearing will be
determined by the AAA Rules. Any arbitration hearings will take place
in the county where you live, unless we both agree to a different
location. The parties agree that the arbitrator shall have exclusive
authority to decide all issues relating to the interpretation,
applicability, enforceability and scope of this arbitration
arbitrator's award damages must be consistent with the terms of
and the amounts of damages for which a party may be held liable.
Payment of all filing, administration and arbitrator fees will be
governed by the AAA Rules. If we prevail in arbitration we’ll pay
all of our attorneys’ fees and costs and won’t seek to recover
them from you. If you prevail in arbitration you will be entitled to
an award of attorneys’ fees and expenses to the extent provided
under applicable law.
YOU AND STOCK STORY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, if the parties’ dispute is resolved
through arbitration, the arbitrator may not consolidate another
person’s claims with your claims, and may not otherwise preside
over any form of a representative or class proceeding. If any court
or arbitrator determines that the class action waiver set forth in
this paragraph is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the arbitration
provisions set forth above shall be deemed null and void in their
entirety and the parties shall be deemed to have not agreed to
Effect of Changes on Arbitration. Notwithstanding the provisions of the “Changes” Section below, if Stock Story changes any of the terms of this “Dispute Resolution Process and Scope” Section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Stock Story’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Stock Story in accordance with the terms of this this “Dispute Resolution Process and Scope” Section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
This Dispute Process and Scope section and other provisions of this
to survive termination or expiration of this Agreement
shall survive any termination of your use of the Services.
Stock Story may, from time to time and at our sole discretion, update these terms with or without notice to users. Users are encouraged to review our site, our Terms, and any notifications, messages and communications from us to ensure they are abreast of any changes as they are made. Ongoing use of the Site and Services implies consent to and acceptance of any changes. If you don’t agree to be bound by the updated Agreement, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
If you have any questions regarding this policy and your responsibilities under it please contact us at firstname.lastname@example.org.