Our Member Agreement (“Agreements”) of www.stocknavigators.com, and all related content, materials and services (collectively, the “Site”) is hereby made effective as of June 14, 2018, by Stock Navigators, Inc., a Delaware corporation (“Stock Navigators” or “we” or “us” or “our”).
By clicking “I AGREE” and/or using or accessing the Site, you thereby agree, (a) that you have received, read and understood these Agreements, and that these Agreements create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Agreements, any terms, conditions or other rules, regulations or policies of Stock Navigators, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Agreements, you are prohibited from using or accessing the Site.
Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of Stock Navigators, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of Stock Navigators, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by Stock Navigators, (d) have full power and authority to enter into and perform these Agreements, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of Stock Navigators, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
Ownership; Limited License
Stock Navigators reserves all rights not expressly granted in these Agreements, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Site, the products and services of Stock Navigators, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of Stock Navigators, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, is owned by Stock Navigators, and is protected by copyright, trademark and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of Stock Navigators, and related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, contains certain proprietary data and information of Stock Navigators, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.
Additionally, you grant Stock Navigators an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to you or to any third parties.
CONSENT TO UTILIZE AUDIO, VIDEO AND PHOTOGRAPHY FROM LIVE EVENTS
Stock Navigators may host in person events from time to time. These events may be recorded and photographed for marketing and/or the production of educational content. By attending Stock Navigators events, you agree to allow Stock Navigators to utilize audio, video, and photographs that you may appear in.
VIOLATION; TERMINATION OF ACCOUNT
Stock Navigators reserves the right to investigate violations of any of these Agreements or any other policies of Stock Navigators or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to Stock Navigators whether at law, in equity or otherwise. You hereby acknowledge and agree that Stock Navigators may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Agreements or any other policies of Stock Navigators or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that Stock Navigators has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Stock Navigators may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Agreements or otherwise posts, submits, or disseminates content that Stock Navigators finds, in its sole discretion, to be objectionable.
You acknowledge and agree that Stock Navigators may, in its sole discretion, cancel, suspend or terminate your account if you breach these Agreements. Stock Navigators may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.
PURCHASES AND REFUNDS
Through the Site, Stock Navigators offers both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow Stock Navigators to store (or cause a third party to store on behalf of Stock Navigators) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.
Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Agreements, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by Stock Navigators in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, Stock Navigators may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from Stock Navigators related thereto.
All payments made to Stock Navigators in connection with any product purchased or account or service, and any renewal thereof, are non-refundable; and Stock Navigators does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or Stock Navigators is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
All fees charged by Stock Navigators in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.
MODIFICATIONS TO THE SITE AND PRICING
Stock Navigators reserves the right to, and you acknowledge and agree that Stock Navigators may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Stock Navigators reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Agreements and may result, in Stock Navigators’ sole discretion, to a price increase. Stock Navigators shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.
Without limiting the foregoing, Stock Navigators may use banner notices or similar devices to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from Stock Navigators or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Stock Navigators may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.
Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term.
When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by (i) clicking here or by clicking on the “Subscriptions” tab on the Member Dashboard, which is accessed, among other means, by the “Dashboard” tab at the top of the home page of the Site, and by following the onscreen prompts, or (ii) by requesting such cancellation in writing by email to [email protected], which cancellation request must receive a confirmation of receipt from Stock Navigators and which cancellation will be processed by Stock Navigators in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. Stock Navigators may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.
GENERAL DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
STOCK NAVIGATORS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, STOCK NAVIGATORS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; STOCK NAVIGATORS DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
STOCK NAVIGATORS DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, STOCK NAVIGATORS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY STOCK NAVIGATORS HEREBY.