Terms of Service Agreement

(These terms are based on the terms maintained by Automattic.)

Terms of Service

These Terms govern your access to and use of certain Stock Situation products and services we provide through or for stocksituation.com (collectively, “Services”). Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

Privacy Information

By using the software, you are agreeing that the owners and creators of Stock Situation may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of Stock Situation.

Age Restrictions

The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.

Account Security

You are responsible for safeguarding your password to the Services, making sure that others don't have access to it, and keeping your account information current. You must immediately notify Stock Situation of any unauthorized uses of your account or any other breaches of Stock Situation. Stock Situation will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.

Changes to these Terms

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Stock Situation within the designated notice period. Your continued use of Stock Situation will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Our Intellectual Property

The Services and all materials contained therein, including, without limitation, Stock Situation logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Stock Situation Materials") are the property of Stock Situation or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Stock Situation Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Termination

You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.

Disclaimer and Limitation of Liability

THE SERVICE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. STOCK SITUATION EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You expressly agree that your use of the Service is at your sole risk. Stock Situation makes no warranties that the Service will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the Service, or as to the accuracy, reliability, completeness, consistency, sequence, auditability, orderliness, timeliness, or content of any information, facts, data, views, opinions, statements, recommendations, bets, analyses, or any contexts that may be provided through the Service. The Service may include information taken from stock exchanges and other sources around the world. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of Stock Situation, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of Stock Situation for any purpose or give rise to any liability of Stock Situation whatsoever, and you agree that you will not rely on any such statement, information or advice.

YOU SHOULD NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. THE SERVICE IS NOT INTENDED TO NOR SHOULD BE USED TO SUPPLANT YOUR INVESTMENT DECISIONS. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STOCK SITUATION, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF STOCK SITUATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SERVICE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES STOCK SITUATION LIABILITY IS LIMITED TO THE FEES, IF ANY, YOU PAID TO STOCK SITUATION FOR ACCESS TO THE SERVICE THAT GAVE RISE TO SUCH LIABILITY.

BY ACCESSING THIS SITE, 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Stock Situation shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of Stock Situation. The Service is provided for informational purposes only and is not intended for trading purposes. None of the information contained on this site constitutes a solicitation, offer, opinion, endorsement or recommendation by Stock Situation to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment.

THE SERVICES ARE NOT INTENDED TO BE AN OFFER, OR THE SOLICITATION OF ANY OFFER, TO BUY OR SELL SECURITIES.

Indemnification

You will indemnify, defend, and hold Stock Situation, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Stock Situation or (ii) your breach or alleged breach of any of these Terms. Stock Situation may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Stock Situation.

Arbitration Agreement

We both agree to resolve any disputes arising out of these Terms or your use of Stock Situation through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to, and shall be conducted in the English language. The arbitrators' decision may be enforced in any court of competent jurisdiction. Stock Situation will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys' fees, but Stock Situation will not seek its attorneys' fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.

Exceptions to Agreement to Arbitrate

Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.

No Class Actions

You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

Governing Law

You agree that these Terms, and your use of Stock Situation, are governed by the State of Washington law, in the United States of America, without regard to its principles of conflicts of law.

Miscellaneous

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.

In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.

You acknowledge that the owners and creators of Stock Situation will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and creators of Stock Situation shall be entitled, without waiving any other rights or remedies and without further Stock Situation of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the Service.