Legal

Last modified on 06/21/2020 08:49:57

Use of StockPods

Your use of this site indicates your acceptance of the Terms of Service and Legal Policy, and as such you are bound by both. If you do not accept this, discontinue using this site.

Subject to your compliance with these Terms, StockPods grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal internal use. This license does not include any collection, aggregation, copying, duplication, scraping, display or derivative use of the Service nor any use of data mining, crawlers, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by StockPods in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, scrape, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from StockPods.com (Titan Web Group, LLC).


Financial Data

Financial data provided on StockPods.com (Titan Web Group, LLC) may be delayed as specified by financial exchanges. StockPods.com (Titan Web Group, LLC) and its affiliates, information partners and data exchanges furnish the information available on this site without responsibility for the accuracy, and you agree that errors contained in such information shall not be made the basis for any claim against StockPods.com (Titan Web Group, LLC).

You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the financial information available on this site in any manner without the express written consent of StockPods.com (Titan Web Group, LLC).

The financial data provided on StockPods.com (Titan Web Group, LLC) is for educational purposes only. This information neither is, nor should be constructed as an offer or a solicitation of an offer to buy or sell securities. You shall be fully responsible for any investment decisions you make and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.


Trademarks

“SP” Stylized, “StockPods”, “Invest Social” are all (SM/TM) as of 01/15/2019 by Titan Web Group, LLC. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the marks listed above in any manner without the express written consent of Titan Web Group, LLC (StockPods.com). All Company / Ticker Logos and Trademarks remain in control of their respective companies/owners.


Regulatory Compliance

You agree to insure that any information disseminated pursuant to the Service, whether such dissemination is made (a) by you or on your behalf by a person authorized to disseminate information on your behalf or (b) otherwise, in any case, complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b-5 and the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.


Respecting Copyright & Copyright Dispute

We respect others’ intellectual property rights. In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders. To learn more about the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.

Please contact us to report Copyright issues.


Disputes & Arbitration

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE IN THE IMMEDIATELY PRECEDING SIX MONTHS. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding) (“Arbitration Agreement”). Please read it carefully.

Informal Process First. You agree that in the event of any dispute between you and StockPods, you will first contact StockPods and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of StockPods’ services and/or products, including the Service, or relating in any way to the communications between you and StockPods or any other user of the Service, will be finally resolved by binding arbitration. This mandatory Arbitration Agreement applies equally to you and StockPods. However, this Arbitration Agreement does not (a) govern any Claim by StockPods for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and StockPods are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

Any arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.


Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and StockPods each waive any right to a jury trial.

Governing Law

These Terms shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and StockPods agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or a particular Claim (except for small claims court actions), either as a result of your decision to opt out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that the Claim will be resolved exclusively by a state or federal court located in Kirkland, Washington. You and StockPods agree to submit to the personal jurisdiction of the courts located within Kirkland, Washington for the purposes of litigating such Claims. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Your use of the Service may also be subject to other local, state, national, or international laws.

Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service, your use of any Third-Party Services that are made available by the Service, any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of these Terms or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold the Company and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account.

Equitable Remedies

You hereby agree that the Company would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as the Company may otherwise have available to it under applicable laws.


Advertising Disclaimer

Ad Serving. We may serve ads on the Service. Such ads may be delivered to you by a web advertising vendor. In order to serve ads to you, we may use information collected during your searches or visits to our websites and information that we specifically acquire from third parties.

Advertising and Cookies. Some of our third party advertising partners may distribute cookies to users in advertisements that are provided to us. StockPods has no access to or control over these cookies once we have received the advertisements. Some of these advertisers and services we use to deliver advertising may be engaging in online behavioral advertising as defined by the Digital Advertising Alliance and FTC.

Affiliate Advertising. We participate in affiliate advertising and allow affiliate links to be encoded on some of our pages. This means that we may earn a commission when you click on or make purchases via affiliate links and affiliate partners may use cookies to understand your use of the Services.

Although StockPods does not provide any Personally Identifiable Information to third-party advertising companies, if an advertiser asks StockPods to show an advertisement to users with certain characteristics or a segment of that group (for example, men ages 21-30 who have viewed certain categories of content on the Service) and you respond to that advertisement, the third-party advertising company may conclude that you have the characteristics of the audience that they are trying to reach.

Opt-out. As part of our commitment to transparency and your privacy, we provide the following links to opt-out of cookies provided by both our first party ad server and many third party advertising partners who may be engaging in online behavioral advertising:

First Party Opt-out. Please visit this link to opt-out of cookies from our first party ad serving vendor, Google: http://www.google.com/privacy/ads/; Third Party and Online Behavioral Advertising Opt-out – Please visit this link to opt-out of cookies from over 50+ major third party behavioral advertising providers: http://www.aboutads.info/choices/ .

Interest-Based Advertising Opt-out. We or third parties may serve ads on the Service that are tailored to your interests and based on your activity online or in the applications on your mobile device. This type of ad tailoring — sometimes called "interest-based" or "online behavioral" advertising — is enabled through various technologies, including browser cookies, mobile advertising identifiers as well as other non-cookie technologies. Information we collect subject to this Privacy Policy may be used for interest-based advertising, and may be shared with our service providers or partners for the purpose of serving such tailored ads. In particular, we and our service providers and partners may use cookies and information you may provide during the registration process or otherwise enter when populating your profile, such as the type of investments that interest you. To opt-out of interest-based advertising please visit http://optout.networkadvertising.org/#!/ , where you may change your browser settings to no longer be shown ads that have been tailored to your interests.


Third Party Content

The Company may provide links or access to other websites, apps, products or services provided by third-party service providers (“Third-Party Services”) when you visit the Site or use the Service.

Third-Party Services are not reviewed, controlled, examined, sponsored, or endorsed by StockPods and StockPods is not responsible for the information, advertising, products, resources or other material of any Third-Party Services or any link contained in Third-Party Services. The inclusion of any Third-Party Services not imply endorsement of the owner/sponsor of the Third-Party Services or its content by StockPods. Your use of any such Third-Party Services is at your own risk.

StockPods makes no representations or warranties with respect to Third-Party Services and will not be liable for such Third-Party Services, even when used in conjunction with the Service. StockPods does not endorse or sponsor any products or services provided by third parties that are made available through the Service.

In using any Third-Party Services made available via the Service, you must agree to comply with and be bound by the Terms of Service, Privacy Policy, or other terms and conditions of the third-party service providers. For example, when donating or subscribing to a Stream you will use services provided by Stripe.com, through the Service, Stripe’s Terms and Conditions apply to all issues arising out of the use of any such services provided to you through Stripe. Stripe’s Terms and Conditions are available at www.stripe.com. Accordingly, by accessing Stripe through the Service, you acknowledge and represent that you have reviewed and accepted Stripe’s Terms and Conditions. Similarly, when accessing online brokerage services provided by Trading Ticket, Inc. (“TradeIt”), TradeIt’s Terms and Conditions and Privacy Policy apply to all issues arising out of the use of any such services provided to you through TradeIt. TradeIt’s Terms and Conditions, located at https://www.trade.it/terms, and Privacy Policy, located at https://www.trade.it/privacy. Accordingly, by accessing TradeIt through the Service, you acknowledge and represent that you have reviewed and accepted TradeIt’s Terms and Conditions and Privacy Policy.

StockPods is not responsible for any trading, buy/sell orders or other activity that you conduct or that otherwise happens in connection with any of your brokerage accounts.

The Dow Jones Industrial Averages are proprietary to and are calculated, distributed and marketed by Dow Jones Indexes, the marketing name and a licensed trademark of CME Group Index Services LLC and have been licensed for use. “Dow Jones®”, “Dow Jones Indexes” and Dow Jones Industrial Average” are service marks of Dow Jones Trademark Holdings, LLC. “CME” is a trademark of Chicago Mercantile Exchange Inc. All content of the Dow Jones Industrial Average © CME Group Index Services LLC 2012. Use of the Down Jones Indexes are subject to the following terms: http://www.djindexes.com/mdsidx/html/tandc/indexestandcs.html


Payment Policy & Refunds

Our purchase and checkout process from Stream donations and subscriptions is powered by our third party payment processor Stripe (“Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Legal Policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received

For any Paid Products or Streams available on a subscription basis, we may offer you an option to be billed by the Month, Quarter, or Year (each, a “Subscription Period”) depending on the options available for each Paid Products or Stream. Fees for each Subscription Period will be pre-paid at the start of the Subscription Period, charged to the credit card you provide prior to the start of such Subscription Period. Any change to the fees for subscription based Paid Products or Service will be effective as of the commencement of the Subscription Period immediately following such change. Except as provided in this Legal Policy, all fees pre-paid by you are non-refundable. If you wish to cancel your subscription, you may do so by selecting the unsubscribe option for that Paid Products or Stream, if available, within your account dashboard or by contacting us. Once we process your cancellation request you will not be charged for future Subscription Periods, your access to the specific Paid Products or Stream will continue until the end of your current Subscription Period.

You are responsible for all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, whether or not you choose to purchase a Paid Products or Service from StockPods.

While you may cancel any Paid Products or Services at any time, you won't be issued a refund except in our sole discretion, or if legally required.

StockPods reserves the right to cancel your subscription for Paid Products or Services at any time for any reason or no reason. If we cancel your subscription for any reason other than your failure to pay or breach of this Legal Policy (or any other terms you have agreed to with StockPods) you will receive a pro-rated refund of the fees you pre-paid, if any. Your refund will consist of all pre-paid fees for each complete month remaining in your Subscription Period. Additionally, if a Streamer cancels the Stream channel within the billing cycle, you will be refunded for the current subscription period on a pro-rated basis.

Donations are never refundable.

Subscribing to Stream Channels guarantees access, it does not guarantee the live stream schedule. As such, you will not be refunded should the Streamer fail to live stream at any point during the subscription period.

StockPods Mobile

Mobile Device Detected

Stockpods mobile app is on the way. Bringing the functionality of Stockpods.com to your fingertips.

For now, please enjoy our offering on a desktop or laptop.

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contact@stockpods.com

Kirkland, WA USA