Terms and Conditions of Use
The following terms apply to your purchase or use of the sites, services, and products and related communications described herein. Please review them all and note that the General Terms apply to all purchases or uses or related communications permitted hereunder.
Terms of Service
By visiting stockwonk.com (“Site”), and/or purchasing any courses or other services offered through the Site (“service”), and/or signing up for any communication from the Site or Service like email lists, you agree to the terms of this agreement. This agreement is subject to change at any time by the provider of the service, Stockwonk, LLC.
THE SITE, ITS CONTENT, AND ALL SERVICES AND PRODUCTS, AND COMMUNICATIONS ASSOCIATED WITH OUR SITE OR PROVIDED THROUGH ANY OF OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE OR SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR SITE OR OF THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
Your right to access and use our site and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our services for lawful purposes. The content of this site and our services are not to be redistributed, copied, resold, or otherwise disseminated unless specifically authorized by us. You are authorized to use the services as provided and are expressly prohibited from copying, reselling, disseminating, reverse engineering, or otherwise reproducing the services, including but not limited to any video, audio, downloadable content of any kind, copyrighted works, and trademarks. All rights not granted herein are expressly reserved. Our services are most effective when accurate information is supplied. You must provide true, accurate, current, and complete information about your accounts maintained at other web sites. Your access and use of our site may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair of our site, or other actions that we, in our sole discretion, may elect to take. You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising, and marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way. We will not sell, publish, or share your comments or feedback in a way that could identify you without your explicit permission. In your use of the service and site, you agree that you will not:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Service or any portion of our site without our express written consent, which may be withheld in our sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Internet Explorer, Safari, Firefox, Chrome, or Opera);
- Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of our site or the Service; or
- Attempt to decipher, decompile, copy, reproduce, disassemble, or reverse-engineer any of the content, software, video, or audio components composing or in any way a part of our site or the Service.
The information provided by StockWonk LLC (“we,” “us” or “our”) on stockwonk.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
Not a Financial Planner, Broker, Investment, or Tax Advisor
The Site and Services do not provide any individualized investment advice to you nor does it take into account your particular investment objectives, financial situation, or needs and is not intended as recommendations appropriate for you. Before acting on any information, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser. STOCKWONK LLC, ITS AFFILIATES, THE SITE AND THE SERVICE DO NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER, FIDUCIARY, INVESTMENT ADVISOR, OR TAX ADVISOR. Our service, communications with our team, and this site are intended only to assist in educating users on topics related to investing and securities trading. Your situation is unique and fact-dependent. Thus, any information and advice obtained through our services or this site may not be appropriate for your particular situation. Accordingly, before making any final decisions or implementing any financial or trading strategy, you should consider obtaining additional information and advice from your professional advisers and/or legal counsel who are fully aware of your circumstances and needs.
Investment and Trading Risk and Performance
Investing and stock trading involves significant risk. You may lose some or all of the value of your investment. When using margin or shorting, you can lose more than your initial investment. Any mentions of securities are not recommendations to buy or sell those securities. This includes mentions by us, on the site, through the service, or through social media accounts affiliated with us, the site or service. Any decision to buy or sell securities is yours alone. Invest in or trade securities at your own risk.
Any discussion of our personal investment or trading performance is for informational purposes only. You may not achieve the same results as us. Past results may not be indicative of future performance.
The site contains tools to help individuals with their stock trading. These tools are for informational purposes only and do not constitute financial advice. The calculations performed by these tools are merely estimates and may not be accurate. Consult with a professional before trading any securities.
Limitation of Liability and Indemnity.
YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER, THE CONTENT YOU SUPPLY, AND YOUR USE OF OUR SERVICES AND SITES. YOU ACKNOWLEDGE THAT THE SERVICE, STOCKWONK LLC, ITS AFFILIATES, AND EMPLOYEES OR AGENTS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU IN BASIC PERSONAL FINANCE MANAGEMENT AS DESCRIBED HEREIN. NEITHER STOCKWONK, LLC, ITS AFFILIATES, AGENTS, EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, INCLUDING ANY THIRD PARTY MARKETER OR PROMOTER OF THE SERVICES UNDER WRITTEN CONTRACT WITH STOCKWONK, LLC (collectively, the “StockWonk parties”) SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR SITE, YOUR USE OF THE SERVICE, OR THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, THE STOCKWONK PARTIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS OR REVENUE, LOSS OF PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEM REQUIREMENTS; (C) DAMAGES OR LOSSES RELATED TO PROFESSIONAL SERVICES OR ADVICE OF THIRD PARTIES, INCLUDING ADVERTISERS. THE ABOVE LIMITATIONS APPLY EVEN IF THE STOCKWONK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE STOCKWONK PARTIES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US OR ANY OF THE STOCKWONK PARTIES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. THE MAXIMUM AMOUNT TO WHICH THE STOCKWONK PARTIES MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE LESSER OF (1) THE FEES PAID BY YOU IN THE PRECEDING TWELVE (12) MONTHS FOR OUR SERVICE THROUGH STOCKWONK.COM OR (2) IN THE CASE OF ALL OTHER USERS AND MEMBERS, FIVE HUNDRED DOLLARS ($500.00). You agree to indemnify and hold The StockWonk Parties harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of this site, use of our services, or breach of this Agreement (collectively referred to as “Claims”). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
Intellectual Property Rights
The contents of the Services and our site, including its text, videos, graphics, images, logos, and button icons, photographs, editorial content, notices, software, and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of our site belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the Service subject to these terms. When permitted by us, you may download or print a copy of information provided on our site for your personal, noncommercial use only. Any distribution, reprint, or electronic reproduction of any content from our site in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not granted are exclusively reserved by us. This is not a transfer of ownership in any intellectual property owned by us.
Third party links
Occasionally, at our discretion, we may include or offer third-party products or services on our site. These offerings may include advertisements, offers or solicitations from third-parties. We do not warrant or guarantee the services of advertisers or other third parties. Third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We may also receive commissions from orders placed through these third party links.
Forums and Community Sites
We may provide other sites, including forum and/or community sites associated with your StockWonk membership. This Agreement shall govern those sites unless site specific terms are in direct conflict with these terms. In the case of such a conflict, the site-specific terms shall control.
Children’s Online Privacy Protection Act Compliance
Our site, products and services are all directed to people who are at least 13 years old or older. If you are under the age of 13, per the requirements of COPPA (Children’s Online Privacy Protection Act), do not use this site.
Children Under 18
Minors under 18 years of age may have the Personal Information that they provide to through the Website deleted by contacting us through our Contact page requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
Governing Law and Venue for Disputes
This Agreement and your relationship with us shall be governed by the laws of the State of Washington without regard to its conflict or choice of law rules. Any dispute with us, or our officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the state courts having jurisdiction over King County, Washington, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement. If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such decision on our part will not serve as formal waiver of our rights. Those rights or remedies will still be available to us. All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements.
This agreement contains the entire agreement between the site visitor or service user and StockWonk, LLC, regarding the use of the service or site, and supersedes all prior written and oral understandings and writings. By using our services or site, you warrant and represent that you are competent to enter this binding agreement.