Last Updated as of January 5, 2022
Stocks of the Day Inc. also known as stocksoftheday.com (hereafter referred to as “We”, “Us”, “Our”, “SotD Platform” or “Website”) is an online news and informational platform. SotD is a news aggregator for U.S. stock traders that collects news and press releases that mention a publicly traded company, processes them, and displays the news along with Our analysis on the SotD Platform for Our Members (as that term is defined below) to use.
We may also provide a forum for people to exchange information, news and ideas on all things related to stock trading. Neither SotD nor its owners, officers, managers, directors, or consultants are registered with any financial regulatory authority and all Content, Services, and Information (as those terms are defined below) of any kind is presented for informational and research purposes only and is not meant to be a buy or sell recommendation of any stock, property, security, crypto currency or digital asset (“Securities”).
SotD does not provide investment or financial advice of any kind and does not issue recommendations or offers to buy stock or sell any security.
Any Information, Content, signals, or predictions appearing on the SotD Platform are provided ‘as-is’ and solely for informational and research purposes and is not investment or financial advice of any kind. SotD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability and fitness for a particular purpose. You agree that SotD does not bear any responsibility or liability to You for any losses or damage that may occur as a result of reliance on the Information, Content, signals, or predictions that We provide. Further, SotD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Information, Content, signals, or predictions on the SotD Platform or otherwise relating to such materials or on any sites linked to this site.
Any predictions, signals, messages, news, opinions, chats, research, analyses, prices, or other information contained on the SotD Platform are provided as general market information for educational and research purposes only, and do not constitute investment or financial advice of any kind. The SotD Platform should not be relied upon as a substitute for extensive independent market research before making your actual trading decisions. Opinions, market data, recommendations or any other Information, Content, signals, or predictions on the SotD Platform is subject to change at any time without notice. You agree not to seek damages of any kind against SotD and SotD will not accept liability for any loss or damage, including without limitation any loss of profit or capital, which may arise directly or indirectly from use of or reliance on such Information, Content, signal, or predictions.
We do not recommend the use of the SotD Platform as a sole means of trading decisions. We do not recommend making hurried trading decisions. You should always understand that PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
ADVERTISER DISCLOSURE AND CONFLICTS OF INTEREST
Either before or after the posting of any Information or the providing of any Services on the SotD Platform, We (including Our officers, directors, consultants, attorneys, advisors, independent contractors, equity owners, or joint venture partners) may own long, short, or other derivative positions in the various Securities of any kind, so We have a conflict of interest and/or interest in the Information or Services We provide and make available on the SotD Platform which may be biased as a result.
We may have financial interests in, or relationships with, some of the entities, businesses, news sources, other websites, and/or publications discussed or otherwise referenced in the materials. Certain links that may be provided on the SotD Platform are provided for convenience and do not imply Our endorsement, or approval of any third-party websites or their recommendations, content or services. We are not authorized, registered, or licensed in any capacity with the U.S. Securities and Exchange Commission or the U.S. Commodity Futures Trading Commission, or the regulatory bodies or agencies of any country, state, province, or territory.
We have not conducted proper due diligence on any of the exchanges or trading platforms We list and link to from the SotD Platform which are derived from third party sources. Some exchanges or trading platforms may not function properly, may not allow You to buy or sell in a timely manner, and could potentially be fraudulent or scam exchanges or platforms. The prices shown on the different exchanges We present are not real-time (unless so indicated) and You should not rely on them since they are subject to rapid price changes. By using the SotD Platform, You agree to hold Us harmless from any loss caused by Your purchase, sale, or exchange of securities. Do not rely on the Information provided or the Services made available on the SotD Platform. Conduct Your own due diligence and research from multiple other sources before buying or selling.
In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of the SotD Platform. the SotD Platform and Service may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access the SotD Platform or Services.
In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our service providers or sites We link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or Services.
We are not giving business advice, investment advice, tax advice, legal advice, or other professional advice by allowing You to use the SotD Platform and Services. We are not making any recommendations or endorsements that You buy or sell Securities, or any other asset, or that You make any investment or enter into any purchase or sale of Securities. Before engaging in any trading or investment activity, You should always do your own due diligence, research, and consult a qualified professional.
The Information and Services We provide are provided to You on a strictly “as is,” “where is,” and “where available” basis. Neither We nor any of Our service providers represent or warrant the accuracy, completeness, current status, non-infringement, merchantability, or fitness for a particular purpose of the Information contained in the SotD Platform or the Services made available to You. We do not make any representations or warranties that access to the SotD Platform or use of the Information or Services will be continuous, timely, uninterrupted, or error-free.
Through the SotD Platform, You are able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third-party sites. The inclusion of any links to those third party sites does not imply that We recommend or endorse the views expressed by them.
Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, Securities, or any other type of asset) from other companies or those wanting to promote their products or services as well as those involved in the launch or issuance of new or existing crypto currencies, tokens, altcoins, NFTs or Securities of any kind, existing either now or in the future, so We have a conflict of interest and/or interest in the Information and Services We provide or make available on the SotD Platform and that Information and/or Services may be biased as a result.
ADVERTISER DISCLOSURE - AFFILIATE AND REFERRAL PROGRAMS
From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation in the form of cash or Securities of any kind, as well as stocks or other securities of any kind, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on the SotD Platform and that Information and/or Services may be biased as a result.
Registration As A Member
When You register You may be required to register by creating an account and then signing into the SotD Platform. If You register, You represent and warrant to Us that: (i) You are of legal age to form a binding contract, and, if You are acting on behalf of an organization, You have the right to enter this Agreement on behalf of such organization; (ii) You will provide Us with accurate, current and complete registration information; (iii) Your registration and Your use of the SotD Platform and Services is not prohibited by law; and (iv) You have all legal rights to provide the Content You post on the SotD Platform and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit You from posting such information, posts, comments or other such Content on the SotD Platform. We reserve the right to terminate or suspend Your status as a Member in the event that You breach any term of this Agreement.
- 1. About the SotD Platform.
- a. The SotD Platform is presented as a news, research, and informational source, platform, and directory for communication between persons and entities and those seeking Information. the SotD Platform may also provide a way for Our community of Members to communicate with one another.
- b. SotD does not offer any legal, financial, investment, or trading advice, and We are not involved in agreements between Members or in any legal or other representation of Members. From time to time, We may have several plans to choose from and the Services You will receive are based on the plan You sign up for. Members agree and represent that SotD shall at no point be held liable for the actions or omissions of any Member or service provider. Members agree and represent that SotD shall at no point be held liable for the actions or omissions of any Member that they either interact with, communicate with, or receive any type of services or products from as a result of connecting on the SotD Platform. SotD does not provide confidential communications between Members, so please note that any communications between Members is not protected or confidential. You agree to hold SotD harmless and indemnify SotD from any and all such claims made as a result of Your using the SotD Platform, the Information, Our Services, or entering into an agreement of any kind with a Member service provider, advertiser, or anyone else using the SotD Platform.
- c. SotD Is Not a Referral Service or Employment Agency. SotD is not a referral service or employment agency.
- d. SotD does not vouch for any of its Members. SotD is simply a news aggregator for U.S. stock traders that collects news and press releases that mention a publicly-traded company, processes them, and displays them all on Our website for the world to use. SotD does not endorse any of its Members, service providers or advertisers and You agree to hold SotD harmless from any loss or claim for damages based on statements that Members, service providers, or advertisers make on the SotD Platform.
- a. The term “Service” or “Services” refers to the services provided by Us, including without limitation email notifications, SMS messages, text messages, push notifications, posts on social media platforms and online communities, educational material, videos, graphics, whitepapers, studies, blogs, mobile applications, our takes and opinions about companies and their press releases, charts, data, news, press releases, access to the SotD online community, widgets, and communication tools, as well as products we may offer or make available. SotD does not provide a referral service or serve as an employment agency. Part of the SotD Platform may be set up as a forum, directory, and platform for Members to meet and exchange information and network with one another, and based on the plan You sign up for You will receive those Services.
- c. The “SotD Platform” refers to stocksoftheday.com, all subpages and subdomains, Mobile Applications, and all Information and Services We offer.
- d. The term “Member,” “You”, “Your” and “SotD Platform visitor” refers to the person, company, or organization that has visited or is using the SotD Platform and/or Service and includes non-registered and registered users, members, and subscribers.
- e. “Content” refers to content featured or displayed on or through the SotD Platform, including but not limited to text, documents, information, data, charts, articles, opinions, case law, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on the SotD Platform either by Us or by You. Content includes, without limitation, Member-Generated Content, and Third-Party Content which may be submitted by any SotD Member or others outside of the SotD Platform that are not Members.
- f. The “SotD” Platform, also known as and referred to as stocksoftheday.com, is owned by Stocks of the Day Inc. and is also referred to as “We”, “Us”, “Our”, “SotD” or “Website”. When any of these terms are used in the Agreement those terms shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, attorneys, members, managers, independent contractors, consultants, and employees.
- g. “Information” includes Content, news, press releases, software, data, prices, trading volume, ratings, products, Services, charts, analysis, or graphics, as well as anything else appearing on the SotD Platform.
- 3. Member Responsibilities. You, and You alone, are responsible for Your account and anything that happens while You are signed in to or using Your account. Your security is Your responsibility.
- a. Member Account Security. If You register as a Member, You will create a personalized account which includes a unique username and a password to access the SotD Platform and to receive messages from SotD and its Members. You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify SotD immediately of any unauthorized use of Your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account.
- b. SotD does not select or endorse any individual or business Member nor any Content they may post anywhere on the SotD Platform. SotD does not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any Member. SotD strongly advises and encourages Members to research, conduct their own due diligence, and do a background check on any Member before accepting their advice or services, products, entering into any type of partnership, business, or other relationship, or offering them employment, consulting fees, performance based fees, or equity.
- c. No Reliance on Member-Generated Content. SotD Content or Member-Generated Content posted on the SotD Platform, such as blog posts or forums, is provided for informational and research purposes only, with no assurance that the Content is true, correct, or accurate. Content on the SotD Platform is not a substitute for professional business, financial, or legal advice nor is it a solicitation to offer business, financial, or legal advice regarding specific facts. You should not delay or forgo seeking independent advice regarding Your particular situation. Delay in seeking such financial or legal advice could result in waiver of any claims You may have, depending on the applicable statute(s) of limitation. The Information on the SotD Platform, regardless of its source, is not regulated or overseen by any governmental or regulatory authority or agency.
- d. SotD Does Not Guarantee Results. From time to time, Members may submit reviews of other Members; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. You agree that SotD shall have no responsibility or liability of any kind for any SotD’ Content or Member-Generated Content or business or financial advice You encounter on or through the SotD Platform, and any use or reliance on SotD Content or Member-Generated Content or business or financial advice is solely at Your own risk. Whether it is Member-Generated Content, or Content We post on the SotD Platform, You understand and agree that it is for informational and research purposes only and not to be relied upon and You should seek professional, investment, financial, or legal advice.
- e. Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of the SotD Platform will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other SotD policies.
- 4. Use and Conduct Restrictions. You are allowed to use the SotD Platform as long as You follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules We expect Members to follow while using the SotD Platform. We are not responsible for the Content that Our advertisers, marketers or Members post, and We have the right to close accounts if We need to for any reason or no reason.
- a. Prohibited Content. You agree that You will not under any circumstances transmit any Content (including software, text, images, or other information) that
- i. is unlawful or promotes unlawful activity;
- ii. defames, harasses, abuses, threatens, or incites violence towards any individual or group;
- iii.is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- a. Prohibited Content. You agree that You will not under any circumstances transmit any Content (including software, text, images, or other information) that
- iv. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- v. contains or installs any viruses, worms, malware, Trojan horses, or other Information that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- vi. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- vii. impersonates any person or entity, including any of Our employees, representatives, or other Members; or
- viii.violates the privacy of any third party.
- b. Members Must Be Over Age 18. You represent that You are over the age of 18. SotD does not target Our Information to children or teenagers under 18. If We learn of any Member under the age of 18, We will terminate that Member’s account immediately.
- c. No Liability for Member Interactions; SotD May Monitor Interactions. You agree that any liability, loss, or damage that occurs as a result of any Member interactions, including, without limitation, job postings, pitches, partnership requests, service requests, and networking requests that You input or receive through Your use of the SotD Platform and Services is solely Your responsibility and You indemnify and hold harmless SotD from any such claims, demands, lawsuits or losses. At Our discretion, We, or technology We employ, may monitor and/or record Your general interactions with the SotD Platform.
- 5. Member-Generated Content. You own Your Content, but You allow Us certain rights to it, so that We can display and share the Content You post. We have the right to remove Content at Our sole discretion for any reason or no reason.
- a. Responsibility for Member-Generated Content. You may create Content, written or otherwise, while using the Service (“Member-Generated Content”). You are solely responsible for the Content of, and any harm resulting from, any Member-Generated Content that You post, upload, link to, or otherwise make available via the Service, regardless of the form of that Content. Any liability, loss, or damage that occurs as a result of the use of any Member-Generated Content that You make available or access through Your use of the Service is solely Your responsibility. We are not responsible for any public display or misuse of Your Member-Generated Content and We do not verify, research, or verify the truthfulness or accuracy of any Information or Content on the SotD Platform, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, investment, or financial advisors without relying on any Content, Information, advertising or marketing that appears on the SotD Platform.
- b. Right to Post. You represent and warrant that You have the right to post all Content You submit. Specifically, You warrant that You have fully complied with any third-party licenses, sublicenses, or permissions relating to such Content and have taken all steps necessary to post, display or pass through such Content on the SotD Platform.
- d. Ownership of Member-Generated Content. Except for Content that originates from Us, We do not claim ownership of any Content that is transmitted, stored, or processed in Your account. You retain all ownership of the Member-Generated Content You post. You may control access to Your Member-Generated Content through settings in Your user account or by contacting Us.
- e. License Grant. Solely to allow SotD to use Content You upload to the SotD Platform reasonably without violating any rights You have in it, You grant Us the following rights: by posting any Content via the SotD Platform, You expressly grant SotD and Our successors and assigns a worldwide, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, revise, distribute, and perform the Content in connection with Our business purpose without restriction. This license also grants SotD the right to sell Member-Generated Content or otherwise distribute it outside of the SotD Platform and regardless of the use We make of such Content, Members will not be entitled to any royalties, profits, or revenues of any kind.
- f. You agree that Our rights to the Content You generate or post, which rights are set forth in this Section and elsewhere in this Agreement, apply even after We or You terminate this Agreement.
- 6. Members. Members include but are not limited to independent persons, businesses, professionals, entrepreneurs, attorneys, accountants, investors, marketers, advertisers, or service providers who use the SotD Platform and may interact with other Members on the SotD Platform. Some Members may be independent contractors or employees of SotD .
- a. No Fiduciary Relationship through SotD Platform Use. Use of the SotD Platform does not form a fiduciary relationship with Members. Information posted or made available on or through the SotD Platform, including, without limitation, any responses to questions posted on the SotD Platform; the Content; information posted publicly on the SotD Platform; or information sent in an unsolicited message to a Member is not intended as investment or financial advice, is not confidential, and does not create a fiduciary relationship with Us or among the Members. It is simply Content to be used for research and informational purposes only and does not replace investment or financial advice You would get from retaining an investment or financial advisor to handle Your specific investment and financial needs. You agree that any hiring or retaining of legal counsel, consultants, advisers, financial advisers or others You meet on the SotD Platform will be done outside of the SotD Platform. You agree that communications requiring confidentiality shall take place outside the SotD Platform, such as via telephone, in person, or Your own private email.
- b. Payment of Members. Certain specific terms govern Members and payment.
- i. SotD Is Not A Party To Contracts. Members may contract or enter into agreements with other Members through posting and acceptance of various offers or pitches. Such contracts are solely between the Members. SotD will not be a party to any contracts between Members. SotD merely facilitates communications between Members by supplying a directory and platform for communication between interested parties. In some situations, an officer, director, shareholder, or employee of SotD may be a Member, but even if that is the case, SotD is still not a party to that contract between those Members.
- ii. All Terms Regarding Fees, Debt or Equity are Strictly between Members. SotD does not get involved with the terms or such arrangements for fees, debt, or equity agreed upon between Members and Members agree to indemnify Us and hold Us harmless from any and all such claims, suits, awards, rulings, demands or losses.
- 7. Feedback from Members. All Members agree to receive emails, questionnaires, and surveys that may be requested from time to time.
- 8. Third Party Content. There may be content from third parties on the SotD Platform, such as articles, blog posts, or forum posts written by other Members or links to other websites. Because We cannot control that Information, We are not responsible for that Information or for the websites that Information may link to.
- a. Access To Third Party Content. By using the SotD Platform, You will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the SotD Platform is consent for SotD to present this Third Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third Party Content.
- b. No Responsibility For Third Party Content. As part of the Service, SotD may provide You with convenient links to third-party website(s) as well as other forms of Third Party Content. We are not responsible for any public display or misuse of Third Party Content and We do not verify, research, or verify the truthfulness or accuracy of any Third Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third Party Content, advertising or marketing that appears on the SotD Platform. We have no control over third-party websites or content or the promotions, materials, information, goods, or services available on them. By linking to such content, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than SotD. We are not responsible for any Third Party Content accessed through the SotD Platform. If You decide to leave the SotD Platform and access Third Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third Party Content.
- c. No Authorization To Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by those third-party websites You are visiting.
- 9. Copyright Infringement and DMCA Policy. If You believe that any Content located on the SotD Platform or linked to a third-party website by Us violates Your copyright, please notify SotD in accordance with Our Digital Millennium Copyright Act Policy.
- a. Termination of Repeat Infringer Accounts. SotD respects the intellectual property rights of others and requests the same of Members. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a Member’s access to and use of the SotD Platform if the Member is considered by Us a repeat infringer of the copyrights or other intellectual property rights of SotD or others. We may terminate access of Members who We believe repeatedly provide or post protected Third Party Content without appropriate rights and permissions.
- b. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the SotD Platform infringe upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to SotD’ designated copyright agent:___________________________________________________.
- c. Response To DMCA Take-Down Notices. If SotD takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to SotD. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as https://lumendatabase.org/.
- d. Counter-Notices. If You believe that Your Member-Generated Content that has been removed from the SotD Platform is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content You submitted to the SotD Platform, You may send a properly formatted counter-notice to SotD’ copyright agent using the contact information set forth above.
- e. Response to DMCA Counter-Notices. If a counter-notice is received by SotD’ copyright agent, SotD may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the SotD Platform in 10 to 14 business days after receipt of the counter-notice.
- 10. Intellectual Property Notice. SotD retains all ownership of Our Information and intellectual property, including Our copyrights, patents, and trademarks.
- a. No Transfer. SotD retains ownership of all intellectual property rights of any kind related to the SotD Platform and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the SotD Platform and the Service may be the trademarks of other third parties. This Agreement does not transfer from Us to You any SotD or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under this Agreement.
- b. Specifically, SotD, and all other trademarks that appear, are displayed, or are used on the SotD Platform or as part of the Services are registered or common law trademarks or service marks of SotD or are those belonging to others who have given Us approval to use. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from SotD.
- 11. Email Communications. We use email and electronic means to stay in touch with Our users.
- b. Legal Notice To SotD Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to SotD or any of Our officers, employees, agents, directors, or representatives in any situation where notice to SotD is required by contract or any law or regulation.You can contact Us at ____________________________.
- 12. Termination. You may cancel this Agreement and close Your account at any time.
- a. You May Terminate This Agreement. If You wish to terminate this Agreement or Your account with Us, You may simply discontinue using SotD. If You wish to delete Your Member account data, please email us at firstname.lastname@example.org. Upon termination be advised that You agree that We retain all rights to Your Content you have provided. We will retain and use Your information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements. Barring legal requirements, We will use our discretion in deciding whether or not to delete Your full profile in approximately thirty days.
- b. SotD May Terminate This Agreement. SotD may terminate Your access to all or any part of the SotD Platform at any time, with or without cause, with or without notice, effective immediately. Upon termination be advised that You agree that We retain all rights to Your Content you have provided. We will retain and use Your information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements. Barring legal requirements, We will use our discretion in deciding whether or not to delete Your full profile in approximately thirty days.
- c. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, Our use of the Content, warranty disclaimers, indemnity, and limitations of liability.
- 13. Member Dispute Resolution Procedures.
- a. Members agree that any disputes between Members shall be resolved by arbitration or litigation as set forth in the written agreement entered into between them. Members agree that any such disputes between Members shall be settled, arbitrated, or litigated between them and they agree that they shall hold harmless and shall indemnify SotD from and against any such claims, demands, lawsuits, or losses and that in either event, the maximum liability of SotD shall be $200.00. In the event a Member or Members have a dispute of any kind or nature against SotD, such Member or Members, agree that such claim shall be brought to arbitration with the American Arbitration Association pursuant to their rules of commercial arbitration. Members agree that there shall be a one-person arbitration panel. The laws of the State of Delaware shall apply and the place of arbitration shall be in Wilmington, Delaware.
- b. Jury Trial Waiver. You and SotD acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between You and SotD.
- c. No Class Actions or Representative Proceedings. You and SotD acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless You and SotD both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
- 14. Disclaimer of Warranties. We provide the Information on Our SotD Platform and the Services as is, and We make no promises or guarantees about the Information or the Services. Please read this section carefully; You should understand what to expect.
- a. SotD provides the SotD Platform and the Service “as is,” without warranty of any kind. Without limiting the foregoing, SotD expressly disclaims all warranties, whether express, implied, or statutory, regarding the SotD Platform, the Information, and the Services including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
- b. Specifically, SotD makes no representation or warranty that the Information We provide or that is provided through the Service by Us or others is accurate, reliable, timely, or correct; that the Service will meet Your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the SotD Platform or Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your use of the Information, Third Party Content or other material obtained from the Services We provide. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to You.
- 15. Limitation of Liability. We will not be liable for damages or losses arising from Your use of the Information or Services or arising under this Agreement. Please read this section carefully; it limits Our obligations to You.
- a. To the extent permitted by applicable law, in no event will SotD be liable to You for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of Information, whether generated, created, or posted by You or others; (ii) Your use of or inability to use the Services; (iii) the use of the SotD Platform, Services or any of the software or systems that We make available; or (iv) any other interactions with SotD or any other Member of the SotD Platform or Our Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not SotD has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. SotD will have no liability for any failure or delay due to matters beyond Our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to You.
- b. The Information or Services may include technical or typographical inaccuracies, mistakes or errors. SotD assumes no liability for any errors or omissions there may be in the Information contained on the SotD Platform or in the Services and expressly disclaims any such responsibility for such.
- 17. Release and Indemnification.
- a. You agree to indemnify and hold harmless SotD from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Services, SotD Platform, Website, Information, or Third Party Content, including but not limited to Your violation of this Agreement or Our violation of this Agreement.
- b. If You have a dispute with one or more Members, Service Providers, news providers, or publications that provide Us with Information, You release SotD from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “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.”
- a. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between You and SotD and any access to or use of the SotD Platform, Information, Content, or the Services are governed by the laws of the State of Delaware, without regard to conflict of law provisions. You and SotD agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Wilmington, State of Delaware.
- b. Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of SotD to enforce any provision of this Agreement will not be considered a waiver of Our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
- c. Limitation of Term of Action. You agree that any cause of action related to or arising out of Your relationship with SotD must be commenced, by filing a lawsuit not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.
- e. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
- f. Authorization to Contract. You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to this Agreement.
You acknowledge that You have read this Agreement, understand its terms and conditions, and agree to be bound by this Agreement in its entirety. Your only option should You not agree is to cease using this SotD Platform and the Services.