Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the School’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Terms and Conditions

Agreement between User and donotradestock.com



Welcome to donotradestock.com. The donotradestock.com website (“donotradestock.com” the "Site" or “Website”) is owned and operated by Donotradestock LLC ("donotrade" “We” Us” the “Company”). The website is comprised of various web pages. and only includes United States exchange-traded stocks. We do not opine on or consider any non-United States exchange-traded stocks.


donotradestock.com is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms and Conditions"). Your use of donotradestock.com constitutes Your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for Your reference.

donotradestock.com is a Forum/Online discussion Site.

Trading stock ideas, not 100% percent accuracy 

Electronic Communications



Visiting donotradestock.com or sending e-mails to donotradestock.com constitutes electronic communications. By accessing this Website, You hereby consent to receiving electronic communications. Further, You agree that all, notices, disclosures and other communications that we provide to You electronically, via e-mail and on the Site.

 

Your Account



If You use this Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that donotradestock.com  is not responsible for third party access to Your account that results from theft or misappropriation of Your account. donotradestock and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

You Acknowledge

You Acknowledge donotradestock.com ("Donotrade") is not a financial advisor, and this Website provides only opinions regarding stocks and

is not responsible for Members’ Loses or Gains

 

You Acknowledge
That this is a subscription website, that charges monthly for the service, and that You can cancel any time.


You Acknowledge

At any time You could be temporarily banned from sending text/pictures in the live chat room, or have Your comments deleted. 



Children Under Thirteen



donotradestock does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under the age of 13, We will remove Your account and no refund shall be issued. If You are under 18, You may use donotradestock.com only with permission of a parent or legal guardian.



Cancellation/Refund Policy



You may cancel Your subscription at any time, but once You become a paid Member and enter the donotradestock.com Live Trading Room, or Video courses, You will be instantly and directly charged.

The membership is non-refundable.

Should You cancel Your Membership access to the pages will be terminated at the end of the month of cancellation.

If You can't log in to cancel Your Membership, please send an e-mail to [email protected] to cancel.



Links to Third Party Sites/Third Party Services



donotradestock.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of donotradestock and donotradestock is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. donotradestock is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by donotradestock of the site or any association with its operators.

Certain services made available via donotradestock.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the donotradestock.com domain, You hereby acknowledge and consent that donotradestock may share such information and data with any third party with whom donotradestock has a contractual relationship to provide the requested product, service or functionality on behalf of donotradestock.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property



You are granted a non-exclusive, non-transferable, revocable license to access and use donotradestock.com strictly in accordance with these terms of use. As a condition of Your use of the Site, You warrant to donotradestock that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of donotradestock or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. donotradestock content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of donotradestock and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of donotradestock or our licensors except as expressly authorized by these Terms.



Use of Communication Services

The Site may contain bulletin board services, chat areas, blogs, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

donotradestock has no obligation to monitor the Communication Services. However, donotradestock reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

 

donotradestock reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

donotradestock reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in donotradestock's sole discretion.

 

Always use caution when giving out any personally identifying information about Yourself, Your children or any third party in any Communication Service. donotradestock does not control or endorse the content, messages or information found in any Communication Service and, therefore, donotradestock specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not authorized donotradestock spokespersons, and their views do not necessarily reflect those of donotradestock.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.



Materials Provided to donotradestock.com or Posted on Any donotradestock Web Page

Donotradestock does not claim ownership of the materials You provide to donotradestock.com (including feedback and suggestions) or post, upload, input or submit to any donotradestock Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting donotradestock, our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.

No compensation will be paid with respect to the use of Your Submission, as provided herein. donotradestock is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in donotradestock's sole discretion.

By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

 

International Users



The Service is controlled, operated and administered by donotradestock from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the donotradestock Content accessed through donotradestock.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.



Indemnification

You agree to indemnify, defend and hold harmless donotradestock, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. donotradestock reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with donotradestock in asserting any available defenses.


Governing Law

This Agreement will be construed in accordance with the laws of the State of Georgia.

Copyright Protection

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, trade dress, trade secret, or other proprietary or confidential information owned by Company. Commercial use of such information is strictly prohibited, except as provided otherwise in these Terms.  

Subject to Your continued strict compliance with all Terms, Company provides to You a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that You do not acquire any ownership rights in any material protected by intellectual property laws. 

You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

DISCLAIMERS OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:  

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE AND OTHERWISE BY THE COMPANY ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY PRODUCT OR SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR PRODUCTS OR SERVICES PROVIDED BY THE COMPANY, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, EVEN IF ADVISED OF THEIR POSSIBILITY.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, THE COMPANY IS FOUND LIABLE UNDER ANY THEORY, THE COMPANY’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE AMOUNT YOU PAID TO THE COMPANY WITHIN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER THE COMPANY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.  

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Except as provided below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, our relationship, or your use or attempted use of the Website or any product or service offered by the Company, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association then in effect. The following terms shall apply. You, the Company, or any involved third party may pursue a claim. The Company agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against the Company. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.    

   a. Commencing Arbitration 

You and the Company agree to commence any arbitration proceeding within 1 year after the claim arises and that any arbitration proceeding commenced after 1 year shall be forever barred.  

   b. Arbitration Location 

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Georgia unless the Company otherwise agrees to arbitrate in another forum requested by you.  

   c. Organization, Rules, and the Arbitrator 

We each agree that any and all claims other than those exempted below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or the Company.  

d. Fees 

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. In our sole discretion, we may reimburse the fees charged by the arbitrator for claims totaling less than $500.00 unless the arbitrator determines the claims are frivolous.  Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

   e. Governing Law and Award 

The arbitrator shall follow the substantive law of the State of Georgia without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.    

    f. Enforceability 

This provision survives termination of your account or relationship with the Company, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.  

   g. Miscellaneous 

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. This Section 4 is the entire arbitration agreement between you and the Company and shall not be modified except in writing by the Company.  

   h. Exceptions 

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and the Company both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. The Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in [East Point], [GA], with the parties forever waiving any challenge to said court’s jurisdiction and venue: (i) any dispute, controversy, or claim, including a claim for injunctive relief and damages, relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by the Company for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “h” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.    

    i. Amendments 

Company reserves the right to amend this arbitration provision at any time. Your continued use of the Website or use or attempted use of any of the Company’s products or services, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, the Company will provide you notice and an opportunity to opt-out. Your failure to opt out of material changes to this arbitration provision is affirmation of your consent to such material changes.  

SECTION 5 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT

If You believe that materials or content available on any Company website infringes any copyright You own, You or Your agent may send the Company a notice requesting that the Company remove the materials or content from the Company website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Company a counter-notice. Notices and counter-notices should be sent to [email protected]

GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or any matter concerning the Company shall be governed exclusively by the laws of the State of Georgia without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 4 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Lawrenceville, GA and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

 

YOUR CALIFORNIA PRIVACY RIGHTS: As described in these Terms, from time to time we may make your personal information available to third parties for their marketing purposes. California law permits individuals who are California residents to request certain information about our disclosure of personal information to third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request in writing to [INSERT CONTACT EMAIL]. If you do not want us to share your personal information with third parties, you may opt-out of this information sharing by emailing us at [email protected]. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].   

 

ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between and Company and governs your access and use of the Website and your use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Company. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.  

 

EEA RESIDENT RIGHTS

If you are a resident of the European Economic Area, you have the following data protection rights:

•          If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the "How to contact us".

•          In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the "How to contact us."

•          You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. Registered users can manage their account settings and email marketing preferences as described in the "Choices Regarding Your Personal Information" section below. If you are an unregistered user, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), you may contact us using the contact details provided under the "How to contact us."

•          Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We will respond to all requests within a reasonable timeframe. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and donotradestock agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.



Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DONOTRADE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DONOTRADE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DONOTRADE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DONOTRADE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DONOTRADE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.



Termination/Access Restriction

donotradestock reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and You hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and donotradestock as a result of this agreement or use of the Site. donotradestock's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of donotradestock's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by donotradestock with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and donotradestock with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and donotradestock with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.





Changes to Terms

donotradestock reserves the right, in its sole discretion, to change the Terms under which donotradestock.com is offered. The most current version of the Terms will supersede all previous versions. donotradestock encourages You to periodically review the Terms to stay informed of our updates.



Contact Us

donotradestock welcomes Your questions or comments regarding the Terms:

donotradestock

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Email Address:

[email protected]

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Effective as of JANUARY 19, 2020