TERMS OF USE & CONDITIONS OF SALE

IMPORTANT – PLEASE READ OUR TERMS OF USE AND CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER.  THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITIES, AND CLASS ACTION WAIVER AND MANDATORY ARBITRATION PROVISIONS (SEE SECTIONS 15, 16, AND 17, RESPECTIVELY.

Stock Market Media LLC (“Stock Market Media,” “we,” or “us”) provides its website, Stock Market Media, located at www.Stockmarketmedia.com (together with all other websites, mobile applications, podcasts, and services operated on behalf of Stock Market Media LLC, the “Site”), to you, an individual user (“you”) for your individual usage, subject to your acceptance of, and compliance with, the terms and conditions set forth herein.

TABLE OF CONTENTS

  1. Agreement
  2. Changes to these Terms
  3. Privacy and Security Disclosure
  4. No Investment Recommendations or Professional Advice
  5. Disclaimer
  6. Intellectual Property
  7. User Conduct
  8. Account Registration
  9. Premium Services
  10. Automatic Billing and Cancellation Policy
  11. Refunds
  12. Payment Methods
  13. Social Media
  14. Copyright Notice
  15. Disclaimer of Warranties
  16. Disclaimer of Liabilities
  17. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
  18. Indemnification
  19. Third-Party Websites and Links
  20. Testimonials, Reviews, and Other Submissions
  21. Electronic Communications
  22. Assignment
  23. No Waiver
  24. No Agency Relationship
  25. Severability
  26. Termination
  27. Entire Agreement
  28. Questions or Additional Information

TERMS OF USE & CONDITIONS OF SALE

  1. Agreement

By accessing or using this Site, or placing an order through the Site, you agree to be bound by our Terms of Use & Conditions of Sale (“Terms”) and Stock Market Media’ Privacy Policy, which is expressly incorporated into these Terms.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

  1. Changes to these Terms

Stock Market Media reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site.  You can review the most current version of these Terms at any time by visiting this page (https://stockmarketmedia.com/terms/).  It is your responsibility to check this page periodically for changes.  Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.

  1. Privacy and Security Disclosure

Stock Market Media’ Privacy Policy may be viewed at https://stockmarketmedia.com/privacy/.  The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of this Agreement.  Stock Market Media reserves the right to modify the Privacy Policy at its sole discretion.

  1. No Investment Recommendations or Professional Advice 

Stock Market Media does not provide personalized investment advice. Neither the Site, nor any of Stock Market Media’s services, are intended to provide tax, legal, insurance or investment advice. None of the content provided on the Site or through any of Stock Market Media’s services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Stock Market Media or any third party.  You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Site are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

  1. Disclaimer

You understand that the Site contains information about securities and investment strategies, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in trading activities. The information contained on this site is for informational purposes only. Stock Market Media ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF TRADING RISKS. ANY TRADING ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.

Trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to engage in Trading. Don’t trade with money you can’t afford to lose. Stock Market Media does not represent that any trade will or is likely to achieve profits or losses similar to those discussed on the Site. The past performance of any trading system is not necessarily indicative of future results. All trades discussed on the Site are for illustrative purposes only and not to be construed as specific advisory recommendations. 

From time to time, the employees of the Site or its affiliates may hold positions or other interests in securities mentioned on the Site and may trade for their own account(s) based on the information presented.  These employees may also take positions inconsistent with the views expressed on the Site.

The employees of the Site or its affiliates may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed by the throughout the Site.

  1. Intellectual Property

The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, user submissions (as defined in Section 20) , third-party apps, and any other content on the Site (collectively, “Content”) and the trademarks, service marks and logos contained therein are the property of Stock Market Media and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Stock Market Media reserves all rights not expressly granted in and to the Site.

The site may contain references to protected trademarks and service marks of other parties, but Stock Market Media may not specifically identity them as such.  Stock Market Media does not claim ownership in any such marks. 

  1. User Conduct

You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site and its services, you agree not to: 

  • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • Disable, damage or alter the functioning or appearance of the Site, including the presentation of advertising;
  • “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • Harvest or collect information about visitors to the Site without their express consent;
  • Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site; or
  • Transmit any Content which contains software viruses, or other harmful computer code, files or programs.
  1. Account Registration

In order to access some of the services of the Site, you will be required to create an account. By creating this account you agree to the following:

  • You may only maintain a single account;
  • You may never share your account user name or password or knowingly provide or authorize access to your account (including without limitation a Stock Market Media’ Premium Subscription Services); 
  • You may never use another user's account without permission;
  • When creating your account, you must provide accurate and complete information;
  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
  • You must notify us immediately of any breach of security or unauthorized use of your account; and 
  • You will be liable for any use made of your account or password and the losses of Stock Market Media or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

Stock Market Media has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site. 

  1. Premium Services

Stock Market Media offers a number of premium services such as our newsletters, market alerts, and training modules.  To subscribe to these premium services, you will be required to provide your name, email address, billing address and credit card information.  By subscribing to the premium service, you agree to pay the applicable subscription fee.  Sales taxes may be charged in addition to the subscription fee.

  1. Automatic Billing and Cancellation Policy

Some of Stock Market Media’s Premium Services are provided on a subscription basis.  Your subscription will automatically renew at the then-current rate for the subscribed service, until you notify us of your decision to terminate your subscription.  Most subscriptions will renew for one-year terms, regardless of the offer under which that subscription started.  Prior to billing you for the renewal term, Stock Market Media will email the address that you have on file for your account about the length and price of the renewal term.  

By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the card that you have on file.  You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) you have on file.  If you have more than one card on file, the first card will be used.  If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card. 

You may cancel your subscription(s) at any time prior to the renewal term.  To cancel your membership, please send an email to [email protected], call customer service at 323-421-7910 or use the Contact Us page.

  1. Refunds

As a courtesy to our new members, we offer a one 14-day trial period per user. After you’ve purchased a Hit The Bid membership, you have 14-days to evaluate if it’s right for you. If for any reason you are not satisfied, simply contact us within 14 days of the original purchase date and we will cancel your subscription, no questions asked. Unfortunately we do not offer full or prorated refunds after the 14-day trial period. For Hit The Bid that are eligible for a refund, refunds are only available to first-time subscribers. If you subscribe to a service that allows a refund, and you choose to cancel your subscription and receive a refund, you will not be entitled to a refund should you choose to resubscribe to the service.  

Some of Stock Market Media’s premium services are offered through third-party vendors.  In such cases, the vendor’s refund policy will apply and may differ from your service or specific offer.

  1. Payment Methods

All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.

When placing an order online, you will need:

  1. The address the card’s statement is sent to (billing address); 
  2. The card number and expiration date; and
  3. The 3 or 4 digit code found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement. 

  1. Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”). 

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Stock Market Media. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

  1. Copyright Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement: 

Stock Market Media Holdings, LLC

Attn: Copyright Agent

460 Park Ave South

New York, NY 10016

United States of America

 

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

  1. DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. DISCLAIMER OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL STOCK MARKET MEDIA LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER STOCK MARKET MEDIA LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, STOCK MARKET MEDIA LLC IS FOUND LIABLE UNDER ANY THEORY, STOCK MARKET MEDIA LLC’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER STOCK MARKET MEDIA, LLC WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY.  IT REQUIRES YOU TO ARBITRATE DISPUTES WITH STOCK MARKET MEDIA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

  1. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Stock Market Media, or any involved third-party relating to your account, your use of the Website, your relationship with Stock Market Media, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Stock Market Media or any third-party related to your use or attempted use of the products. You, Stock Market Media, or any involved third-party may pursue a Claim. Stock Market Media agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Stock Market Media.  By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in New York on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.

  1. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Stock Market Media both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Stock Market Media will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in New York: (i) an action by Stock Market Media relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Stock Market Media for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York, and forever waive any challenge to said courts’ jurisdiction and venue.

  1.  Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Stock Market Media, LLC, Attn: Legal Department, 460 Park Ave South New York, NY 10016. Stock Market Media will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Stock Market Media or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions. 

  1. Commencing Arbitration

You and Stock Market Media agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred. 

  1. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in New York unless Stock Market Media otherwise agrees to arbitrate in another forum requested by you. 

  1. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Stock Market Media, LLC

  1.  Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

  1.  Governing Law and Award

The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

  1. Enforceability

This provision survives termination of your account or relationship with Stock Market Media, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. 

  1. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Stock Market Media and shall not be modified except in writing by Stock Market Media. 

  1. Amendments

Stock Market Media reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Stock Market Media product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Stock Market Media will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of an Stock Market Media product or service, is affirmation of your consent to such material changes.

 YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT STOCK MARKET MEDIA, LLC, ATTN: LEGAL DEPARTMENT, 460 PARK AVE SOUTH NEW YORK, NY 10016. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.  SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1000.00.

  1. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Stock Market Media, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

  1. Third-Party Websites and Links

Our Site may include materials from third-parties or links to third-party websites. Stock Market Media is not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

  1. Testimonials, Reviews, and Other Submissions

Stock Market Media may use testimonials and/or product/service reviews, in whole or in part, together with the name and state/country of the person submitting it. Testimonials may be used for any form of advertising relating to Stock Market Media’s products or services, in printed and online media, as Stock Market Media determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “User Submissions” or simply, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us.  All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Additionally, Stock Market Media reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Stock Market Media shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

  1. Electronic Communications 

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

  1. Assignment 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Stock Market Media and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Stock Market Media’s business is transferred to another entity by way of merger, sale of its assets or otherwise. 

  1. No Waiver 

No waiver by Stock Market Media of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Stock Market Media to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. No Agency Relationship 

No joint venture, partnership, employment, or agency relationship exists between you and Stock Market Media as a result of your receipt of any Stock Market Media product, your use of any Stock Market Media Service, or use of the Site.

  1.  Severability 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. Termination

In the event that we terminate this Agreement, Sections 1-28, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

  1. Entire Agreement 

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Amplify, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

  1. Questions or Additional Information

If you have any questions regarding your account, subscription services, or these Terms, please Contact Us for assistance.