Terms
Terms Of Service
The following information contains Stock Talk 101, LLC (StockTalk101.com) Website Use Agreement and Stock Talk 101, LLC Terms of Services. Website Use Agreement must be read and agreed to by any person who visits, reads or uses the website. Terms of Services must be agreed to by any person who intends to purchase or use any paid or free services offered by Stock Talk 101, LLC.
Website Use Agreement
Stock Talk 101, LLC website (the “Service”) provided by StockTalk101.com. is an online Investor trading information and chatroom site that is subject to your compliance with the following terms and conditions (the “ Agreement”). We ask that you please read this Agreement carefully before accessing or using this Service. If you do not wish to be bound by this Agreement, you may not access or use the Service. By using the Website, you agree to be bound by the Agreement, whether you are a "Visitor", which means that you are simply viewing the Website with an internet browser or other software, or you are a "Member", meaning you have subscribed for one or more of the Stock Talk 101, LLC Services. The term "User" refers to both Visitors and Members.
Modification of the Agreement
Stock Talk 101, LLC may modify the Agreement from time to time and such modification will be effective upon posting on the Website. You agree to be bound to any changes to the Agreement when you use the Website after any such modification is posted. It is important that you review the Agreement regularly to ensure you are aware of any changes. The current version of the Agreement can always be viewed and printed by clicking the Terms link at the bottom of every StockTalk101.com website page.
Intentions
The information that is presented in this website is intended to provide general trading information, basic knowledge of stock investing and dialogue on StockTalk101.com. The information provided is to educate the user. This information obtained from this website is neither exhaustive nor complete and does not cover all possible financial aspects of the companies profiled. Stock Talk 101, LLC (StockTalk101.com) makes no warranty as to the reliability, accuracy, usefulness, timeliness, or completeness of the information. Stock Talk 101, LLC or “information providers” of the StockTalk101.com website cannot and do not warrant against human or machine error, delays, omissions, interruptions or loss of data.
Eligibility
You must be eighteen (18) years old or older to use the Website, register as a Member, or access any of the Services. Use of the Website, and use of any of the Stock Talk 101, LLC services, is void where it is prohibited. By agreeing to these terms, you represent that you are eighteen (18) years old or older, have the right, authority, and capacity to enter into the Agreement, and to abide by all of the terms and conditions of the Agreement
Copyright
All content included on this website, such as text, graphics, logos, button icons, images, interviews, radio interviews, video clips, digital downloads and software, is the property of G6 Global Market & Media and is protected by United States and international copyright laws, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Stock Talk 101, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Stock Talk 101, LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Links Users may, through hypertext, or other links, gain access to other Internet websites which are not part of the Stock Talk 101, LLC website. Stock Talk 101, LLC assumes no responsibility for any material outside of our website that is accessed through any such link.
Indemnification You agree to indemnify, defend and hold harmless Stock Talk 101, LLC, its officers, directors, employees, agents, licensors and any third party information providers to the Service from and against all losses, damages and expenses, including reasonable attorney’s fees, resulting from any violation of this Agreement by you.
Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of Michigan and the laws of the United States of America, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and be subject to the exclusive personal jurisdiction of the Circuit Court of the State of Michigan. The parties submit to the exclusive jurisdiction of such courts to adjudicate or determine any suit, action or proceeding arising out of or in connection with this Agreement.
Terms of Services
Waiver of Liability:
As a user of this site, or services provided herein, you jointly and severally agree waive liability and hold harmless Stock Talk 101, LLC and their successors and assigns, from any claim, action, liability, loss, damage or suit arising out of the use, inability to use, or the results of use of this site or from the following: human or machine error, delays, omissions, interruptions or loss of data.
In no event shall Stock Talk 101, LLC be held liable for any damages whatsoever, and in particular Stock Talk 101, LLC shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any Stock Talk 101, LLC (StockTalk101.com) website or the information contained in it, whether such damages arise in contract, negligence, tort, under statue, in equity, at law or otherwise.
Termination of the Agreement
You agree that Stock Talk 101, LLC may, without prior notice and at Stock Talk 101, LLC’s sole discretion, immediately terminate your StockTalk101.com account and access to the Website. Cause for such termination may include, but is not limited to:
(a) breaches or violations of the Agreement or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) at your request;
(d) discontinuance or material modification to the Website or any portion thereof;
(e) unexpected technical or security issues or problems;
(f) extended periods of account inactivity;
(g) your engagement in fraudulent or illegal activities, whether related to your use of the Website or not; or
(h) nonpayment of any fees owed by you in connection with the Website or the Services.
If Stock Talk 101, LLC terminates your Membership, Stock Talk 101, LLC may take the following actions:
(a) removal of access to all offerings within the Website or the Services;
(b) deletion of your password and all related information, files and Content associated with or inside your account; and
(c) barring of further use of the Website or the Services.
Stock Talk 101, LLC’s failure to take one of these actions is not a waiver of its right to terminate your account and does not constitute a decision that your account is not terminated. Further, you agree that Stock Talk 101, LLC will make the decision to terminate your account at Stock Talk 101, LLC’s sole discretion, and that Stock Talk 101, LLC will not be liable to you or to any third party for any damages resulting from termination of your account, or loss of access to the Website.
Your Obligations
As a part of your acceptance of the Agreement, and in consideration for Stock Talk 101, LLC providing continued access to the Services or the Website, you have certain obligations. These include, but are not limited to, the obligations described in this section.
Your Registration Obligations
In consideration of your use of the Website or the Services, you represent that you are of legal age to form a binding contract and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Stock Talk 101, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stock Talk 101, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and will abide by the terms and conditions of the Agreement.
Member Account, Password, and Security
Should you apply to become a Subscribing Member of the Website, meaning you are granted access to the Services, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. By applying for membership, in addition to your consent to abide by the other terms of the Agreement, you expressly agree to:
(a) immediately notify Stock Talk 101, LLC of Stock Talk 101, LLC and will not be liable for any loss or damage arising from your failure to comply with this Section.
Stock Talk 101, LLC may charge a fee for Membership in or access to the Website or the Services as it deems appropriate. Such fee shall be non-refundable.
Bandwidth Limitations
You understand that you will use only a reasonable amount of "bandwidth," that is, that you are responsible for ensuring that the amount of data transmitted between third-parties and the StockTalk101.com Website for the purposes of viewing Content that you control will remain within a reasonable limit. Stock Talk 101, LLC will set that limit at its sole discretion. Stock Talk 101, LLC may take any action it deems necessary to cure usage of an unreasonable amount of bandwidth, including, but not limited to, removing access to Content causing unreasonable bandwidth usage, either temporarily or permanently; temporarily or permanently suspending your Member account; or terminating the Agreement.
Member Provided Content
You understand that all user submitted information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Stock Talk 101, LLC, are entirely responsible for all Content that you transmit or make available via the Website. Stock Talk 101, LLC does not control the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is in accurate, offensive, indecent or objectionable. Under no circumstances will Stock Talk 101, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted otherwise made available via the Website.
Member Conduct
You agree that you will not use the Website to:
(a) transmit or make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an Stock Talk 101, LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
(e) transmit or make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) transmit or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) transmit or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
(h) transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Website are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another; or
(n) collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website.
Other Services
Stock Talk 101, LLC may make available to visitors or Members, other services via the Website, including but not limited to blogs, company website links, membership directories, helpful links, and the like. Stock Talk 101, LLC assumes no responsibility for any losses incurred as a result of the use of the forms. Stock Talk 101, LLC also does not endorse any content posted on such a service by Stock Talk 101, LLC or by another user.
Stock Talk 101, LLC Intellectual Property
Stock Talk 101, LLC owns certain valuable intellectual property included in the Website. The following describes your license to use that intellectual property, and your obligations to use it in accordance with that license.
Ownership of the Information
This Website contains information, text, software, photos, video, graphics, music, sounds, and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title, and interest in these Materials, with the sole exception of any Member provided Content, belong solely and exclusively to Stock Talk 101, LLC.
Use of the Information and Materials on the Website
Except as you may be expressly permitted by the Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Stock Talk 101, LLC, and any other owner of the Intellectual Property Rights in such Materials.
You must have prior written permission from Stock Talk 101, LLC to reproduce Materials from the Website. If you reproduce Materials from the Website, you must preserve any copyright, trademark or other notices contained in or associated with the Materials. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the Website, you must go to the place on the Website where such notices appear and copy them into the Materials you are reproducing.
Copyrights and Trademarks
All copyrights and copyrightable materials which are part of Stock Talk 101, LLC that are not Member Content, including without limitation, the logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT -ALL RIGHTS RESERVED.
Services
Stock Talk 101, LLC offers certain services to its Subscribing Members. These sections describe those services, and Stock Talk 101, LLC’s policy for changing those services.
Stock Talk 101, LLC provides Users with access to a rich collection of resources through the Website, including various communication tools, profile pages, audio interviews, videos, and personalized Content. The Stock Talk 101, LLC Website is an internet page designed to be accessed through the use of software such as Microsoft Internet Explorer, Firefox, Safari, Opera, or other "web browsers." Services provided through the Website and the Content of the Website could include inaccuracies, typographical errors or other errors. We make no commitment, nor have any obligation, to update information or material on the Website. You should not rely upon any information on the Website in making business, financial, personal or other decisions. Furthermore, Stock Talk 101, LLC does not sanction or approve the opinions of Visitors, Members or third parties expressed on the Website or on web sites linked to the Website. You understand and agree that the Website is provided "AS-IS" and that Stock Talk 101, LLC assumes no responsibility for any un-timeliness in delivery, deletion of, mis-delivery of or failure to store any User communications or personalization settings.
Modifications To Services
Stock Talk 101, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Stock Talk 101, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Content
As part of the Stock Talk 101, LLC services, Stock Talk 101, LLC may allow you to post your own text, images, files, music or videos ("Content") to the Website or to transmit Content to other Visitors, Members, or third-parties. These sections govern the posting or transmission of your Content.
Content Submitted or Made Available for Inclusion in the Stock Talk 101, LLC Website
By submitting Content to the Website, you acknowledge:
(a) You own all intellectual property rights in such Content, or have license to use the intellectual property rights in such Content, including, but not limited to, any copyright, trademark, patent or trade secret information submitted to the Website.
(b) You alone shall defend any proceeding regarding the ownership of, usage of or rights to such Content, at your own expense.
Stock Talk 101, LLC does not claim ownership of, or any right in, Content you submit to or make available for inclusion in the Website. However, with respect to such Content, you grant Stock Talk 101, LLC the following worldwide, royalty-free, and non-exclusive license, as applicable:
(a) With respect to text, photographs, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Website solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Website, and will terminate at the time you remove, or Stock Talk 101, LLC removes such Content from the Website.
(b) With respect to all other Content, the perpetual, irrevocable and unrestricted license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content and to incorporate such Content into other works in any format or medium now known or later developed.
For the purposes of this section, "publicly accessible" areas of the Website are those areas of the Website that Stock Talk 101, LLC, at its sole discretion, intends to be viewable to Visitors as well as to Members.
Removal of Content
You agree that Stock Talk 101, LLC has the right, but not the obligation, in its sole discretion to pre-screen, move, or remove any Content that violates the terms of the Agreement, any Content that violates any of Stock Talk 101, LLC’s intellectual property rights, or a third-party's intellectual property rights; or any other Content, without limitation, that is available via the Website.
Stock Talk 101, LLC’s transmission and processing of your Content
You understand that the technical processing and transmission of the Website and the Services, including User generated Content, may involve .
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Stock Talk 101, LLC and/or Content providers who provide Content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
Claims of Copyright or Trademark Infringement.
This section describes the way in which Stock Talk 101, LLC resolves claims of copy
Notice and Procedure for Infringement Claims
Stock Talk 101, LLC respects the intellectual property of others, and we ask our Users to do the same. Stock Talk 101, LLC may, in appropriate circumstances and at its discretion, disable or terminate the accounts of Users who may repeatedly infringe others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Stock Talk 101, LLC’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) your statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Stock Talk 101, LLC Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: through contact form on website or emailing admin@StockTalk101.com .
Counter Notice and Procedure
If material you have posted on the Stock Talk 101, LLC Website been removed pursuant to the Notice and Infringement process described above in section 6.1, and you believe that that material is not infringing, or that your use of the material is by permission of the copyright owner or in accordance with law, you may send a counter-notice to the Copyright Agent containing the following information:
(a) your physical or electronic signature;
(b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address.
If Stock Talk 101, LLC’s Copyright Agent receives a counter-notice, Stock Talk 101, LLC may send a copy of the counter-notice to the original complaining party informing that party that Stock Talk 101, LLC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or Member, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Stock Talk 101, LLC’s sole discretion.
Privacy
Stock Talk 101, LLC takes the privacy of our Members' information very seriously. This section describes the privacy policy, and some important limitations to it.
Registration Data and certain other information about you, known as "Personally Identifiable Information," is subject to our Privacy Policy. By using the Website, you represent that you have read that Privacy Policy and that you have accepted its terms. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Stock Talk 101, LLC, its affiliates and under certain circumstances, commercial partners. The Stock Talk 101, LLC Privacy Policy can be viewed and printed by clicking link at the bottom of every page on the Website.
Limitation on the Privacy of Your Registration Data and Content
You agree that Stock Talk 101, LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Stock Talk 101, LLC, its Users and the public.
Your Relationship with Third Parties
You may enter into relationships with third parties through the Website or the Services, either with other Visitors to or Members of the Stock Talk 101, LLC community, advertisers, or third-parties located through links on the Stock Talk 101, LLC (StockTalk101.com) site. Stock Talk 101, LLC is not responsible for the actions of third parties. This section notifies you of those limitations.
Dealings with Advertisers or Third Parties
You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of any correspondence or dealing between you and a third party found through your use of the Website. You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of the presence of any advertiser or Member on the Website.
Dealings with Profile Companies
Stock Talk 101, LLC provides a platform for Subscribing Companies’ information on its Website. You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of any correspondence or dealing between you and a Subscribing Company found through your use of the Website. You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of the presence of any advertiser or Member on the Website.
Member Disputes
You agree that you are solely responsible for your interactions with other Members and Users. Stock Talk 101, LLC has no obligation to monitor disputes between you and other Members and Users. However, Stock Talk 101, LLC reserves the right to monitor disputes between you and other Members and Users, and to take any action that Stock Talk 101, LLC feels may be appropriate at our sole discretion, consistent with the terms of the Agreement.
Links
Stock Talk 101, LLC, Visitors, Members or third parties may provide links from the Website to other World Wide Web sites or resources. Because Stock Talk 101, LLC has no control over such sites and resources, you agree that Stock Talk 101, LLC is not responsible for the availability of such external sites or resources, and you agree that Stock Talk 101, LLC does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such other sites or resources. You further agree that Stock Talk 101, LLC is not liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such Content, goods or services associated with any such site or resource.
Disclaimers and Limitations
Important disclaimers and limitations can found and should be review by clicking on the Disclaimer and Disclosure tab at the bottom of every page on this Website.
Entire Agreement
This Agreement constitutes the final agreement between you and Stock Talk 101, LLC. It is the complete and exclusive expression of your agreement on the matters contained herein. All prior and contemporaneous negotiations and agreements between you and Stock Talk 101, LLC on matters contained in the Agreement are expressly merged into and superseded by the Agreement. The provisions of the Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into the Agreement, neither you nor Stock Talk 101, LLC has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in the Agreement. THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT, OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT.
Choice of Law, Forum, and Venue
THE LAWS OF THE STATE OF MICHIGAN, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES, GOVERN ALL MATTERS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLETES, INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT.
You have agreed to submit to binding arbitration. However, if arbitration is found not to have legal affect by any court with jurisdiction over the Agreement, jurisdiction over actions arising out of or related to the Agreement, and jurisdiction over Stock Talk 101, LLC, then if you bring a legal action or proceeding against Stock Talk 101, LLC arising out of or related to the Agreement, you agree that you may only bring such action or proceeding in the United States District Court for Michigan, or in any court of the State of Michigan.
Severability and Waiver
Stock Talk 101, LLC’s failure to exercise or enforce any right granted in the Agreement shall not constitute a waiver of such right.
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, you nonetheless agree that such court should endeavor to give full effect to the parties' intentions as reflected in such provision, and you agree that other provisions of the Agreement remain in full effect.
No Agency
This Agreement creates no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Stock Talk 101, LLC, and intends no such relationship.
Claim Time Limitation
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Website, or the Agreement must be filed within one year after such claim or cause of action arises or be forever barred.
The following information contains Stock Talk 101, LLC (StockTalk101.com) Website Use Agreement and Stock Talk 101, LLC Terms of Services. Website Use Agreement must be read and agreed to by any person who visits, reads or uses the website. Terms of Services must be agreed to by any person who intends to purchase or use any paid or free services offered by Stock Talk 101, LLC.
Website Use Agreement
Stock Talk 101, LLC website (the “Service”) provided by StockTalk101.com. is an online Investor trading information and chatroom site that is subject to your compliance with the following terms and conditions (the “ Agreement”). We ask that you please read this Agreement carefully before accessing or using this Service. If you do not wish to be bound by this Agreement, you may not access or use the Service. By using the Website, you agree to be bound by the Agreement, whether you are a "Visitor", which means that you are simply viewing the Website with an internet browser or other software, or you are a "Member", meaning you have subscribed for one or more of the Stock Talk 101, LLC Services. The term "User" refers to both Visitors and Members.
Modification of the Agreement
Stock Talk 101, LLC may modify the Agreement from time to time and such modification will be effective upon posting on the Website. You agree to be bound to any changes to the Agreement when you use the Website after any such modification is posted. It is important that you review the Agreement regularly to ensure you are aware of any changes. The current version of the Agreement can always be viewed and printed by clicking the Terms link at the bottom of every StockTalk101.com website page.
Intentions
The information that is presented in this website is intended to provide general trading information, basic knowledge of stock investing and dialogue on StockTalk101.com. The information provided is to educate the user. This information obtained from this website is neither exhaustive nor complete and does not cover all possible financial aspects of the companies profiled. Stock Talk 101, LLC (StockTalk101.com) makes no warranty as to the reliability, accuracy, usefulness, timeliness, or completeness of the information. Stock Talk 101, LLC or “information providers” of the StockTalk101.com website cannot and do not warrant against human or machine error, delays, omissions, interruptions or loss of data.
Eligibility
You must be eighteen (18) years old or older to use the Website, register as a Member, or access any of the Services. Use of the Website, and use of any of the Stock Talk 101, LLC services, is void where it is prohibited. By agreeing to these terms, you represent that you are eighteen (18) years old or older, have the right, authority, and capacity to enter into the Agreement, and to abide by all of the terms and conditions of the Agreement
Copyright
All content included on this website, such as text, graphics, logos, button icons, images, interviews, radio interviews, video clips, digital downloads and software, is the property of G6 Global Market & Media and is protected by United States and international copyright laws, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Stock Talk 101, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Stock Talk 101, LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Links Users may, through hypertext, or other links, gain access to other Internet websites which are not part of the Stock Talk 101, LLC website. Stock Talk 101, LLC assumes no responsibility for any material outside of our website that is accessed through any such link.
Indemnification You agree to indemnify, defend and hold harmless Stock Talk 101, LLC, its officers, directors, employees, agents, licensors and any third party information providers to the Service from and against all losses, damages and expenses, including reasonable attorney’s fees, resulting from any violation of this Agreement by you.
Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of Michigan and the laws of the United States of America, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and be subject to the exclusive personal jurisdiction of the Circuit Court of the State of Michigan. The parties submit to the exclusive jurisdiction of such courts to adjudicate or determine any suit, action or proceeding arising out of or in connection with this Agreement.
Terms of Services
Waiver of Liability:
As a user of this site, or services provided herein, you jointly and severally agree waive liability and hold harmless Stock Talk 101, LLC and their successors and assigns, from any claim, action, liability, loss, damage or suit arising out of the use, inability to use, or the results of use of this site or from the following: human or machine error, delays, omissions, interruptions or loss of data.
In no event shall Stock Talk 101, LLC be held liable for any damages whatsoever, and in particular Stock Talk 101, LLC shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any Stock Talk 101, LLC (StockTalk101.com) website or the information contained in it, whether such damages arise in contract, negligence, tort, under statue, in equity, at law or otherwise.
Termination of the Agreement
You agree that Stock Talk 101, LLC may, without prior notice and at Stock Talk 101, LLC’s sole discretion, immediately terminate your StockTalk101.com account and access to the Website. Cause for such termination may include, but is not limited to:
(a) breaches or violations of the Agreement or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) at your request;
(d) discontinuance or material modification to the Website or any portion thereof;
(e) unexpected technical or security issues or problems;
(f) extended periods of account inactivity;
(g) your engagement in fraudulent or illegal activities, whether related to your use of the Website or not; or
(h) nonpayment of any fees owed by you in connection with the Website or the Services.
If Stock Talk 101, LLC terminates your Membership, Stock Talk 101, LLC may take the following actions:
(a) removal of access to all offerings within the Website or the Services;
(b) deletion of your password and all related information, files and Content associated with or inside your account; and
(c) barring of further use of the Website or the Services.
Stock Talk 101, LLC’s failure to take one of these actions is not a waiver of its right to terminate your account and does not constitute a decision that your account is not terminated. Further, you agree that Stock Talk 101, LLC will make the decision to terminate your account at Stock Talk 101, LLC’s sole discretion, and that Stock Talk 101, LLC will not be liable to you or to any third party for any damages resulting from termination of your account, or loss of access to the Website.
Your Obligations
As a part of your acceptance of the Agreement, and in consideration for Stock Talk 101, LLC providing continued access to the Services or the Website, you have certain obligations. These include, but are not limited to, the obligations described in this section.
Your Registration Obligations
In consideration of your use of the Website or the Services, you represent that you are of legal age to form a binding contract and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Stock Talk 101, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stock Talk 101, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and will abide by the terms and conditions of the Agreement.
Member Account, Password, and Security
Should you apply to become a Subscribing Member of the Website, meaning you are granted access to the Services, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. By applying for membership, in addition to your consent to abide by the other terms of the Agreement, you expressly agree to:
(a) immediately notify Stock Talk 101, LLC of Stock Talk 101, LLC and will not be liable for any loss or damage arising from your failure to comply with this Section.
Stock Talk 101, LLC may charge a fee for Membership in or access to the Website or the Services as it deems appropriate. Such fee shall be non-refundable.
Bandwidth Limitations
You understand that you will use only a reasonable amount of "bandwidth," that is, that you are responsible for ensuring that the amount of data transmitted between third-parties and the StockTalk101.com Website for the purposes of viewing Content that you control will remain within a reasonable limit. Stock Talk 101, LLC will set that limit at its sole discretion. Stock Talk 101, LLC may take any action it deems necessary to cure usage of an unreasonable amount of bandwidth, including, but not limited to, removing access to Content causing unreasonable bandwidth usage, either temporarily or permanently; temporarily or permanently suspending your Member account; or terminating the Agreement.
Member Provided Content
You understand that all user submitted information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Stock Talk 101, LLC, are entirely responsible for all Content that you transmit or make available via the Website. Stock Talk 101, LLC does not control the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is in accurate, offensive, indecent or objectionable. Under no circumstances will Stock Talk 101, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted otherwise made available via the Website.
Member Conduct
You agree that you will not use the Website to:
(a) transmit or make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an Stock Talk 101, LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
(e) transmit or make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) transmit or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) transmit or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
(h) transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Website are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another; or
(n) collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website.
Other Services
Stock Talk 101, LLC may make available to visitors or Members, other services via the Website, including but not limited to blogs, company website links, membership directories, helpful links, and the like. Stock Talk 101, LLC assumes no responsibility for any losses incurred as a result of the use of the forms. Stock Talk 101, LLC also does not endorse any content posted on such a service by Stock Talk 101, LLC or by another user.
Stock Talk 101, LLC Intellectual Property
Stock Talk 101, LLC owns certain valuable intellectual property included in the Website. The following describes your license to use that intellectual property, and your obligations to use it in accordance with that license.
Ownership of the Information
This Website contains information, text, software, photos, video, graphics, music, sounds, and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title, and interest in these Materials, with the sole exception of any Member provided Content, belong solely and exclusively to Stock Talk 101, LLC.
Use of the Information and Materials on the Website
Except as you may be expressly permitted by the Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Stock Talk 101, LLC, and any other owner of the Intellectual Property Rights in such Materials.
You must have prior written permission from Stock Talk 101, LLC to reproduce Materials from the Website. If you reproduce Materials from the Website, you must preserve any copyright, trademark or other notices contained in or associated with the Materials. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the Website, you must go to the place on the Website where such notices appear and copy them into the Materials you are reproducing.
Copyrights and Trademarks
All copyrights and copyrightable materials which are part of Stock Talk 101, LLC that are not Member Content, including without limitation, the logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT -ALL RIGHTS RESERVED.
Services
Stock Talk 101, LLC offers certain services to its Subscribing Members. These sections describe those services, and Stock Talk 101, LLC’s policy for changing those services.
Stock Talk 101, LLC provides Users with access to a rich collection of resources through the Website, including various communication tools, profile pages, audio interviews, videos, and personalized Content. The Stock Talk 101, LLC Website is an internet page designed to be accessed through the use of software such as Microsoft Internet Explorer, Firefox, Safari, Opera, or other "web browsers." Services provided through the Website and the Content of the Website could include inaccuracies, typographical errors or other errors. We make no commitment, nor have any obligation, to update information or material on the Website. You should not rely upon any information on the Website in making business, financial, personal or other decisions. Furthermore, Stock Talk 101, LLC does not sanction or approve the opinions of Visitors, Members or third parties expressed on the Website or on web sites linked to the Website. You understand and agree that the Website is provided "AS-IS" and that Stock Talk 101, LLC assumes no responsibility for any un-timeliness in delivery, deletion of, mis-delivery of or failure to store any User communications or personalization settings.
Modifications To Services
Stock Talk 101, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Stock Talk 101, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Content
As part of the Stock Talk 101, LLC services, Stock Talk 101, LLC may allow you to post your own text, images, files, music or videos ("Content") to the Website or to transmit Content to other Visitors, Members, or third-parties. These sections govern the posting or transmission of your Content.
Content Submitted or Made Available for Inclusion in the Stock Talk 101, LLC Website
By submitting Content to the Website, you acknowledge:
(a) You own all intellectual property rights in such Content, or have license to use the intellectual property rights in such Content, including, but not limited to, any copyright, trademark, patent or trade secret information submitted to the Website.
(b) You alone shall defend any proceeding regarding the ownership of, usage of or rights to such Content, at your own expense.
Stock Talk 101, LLC does not claim ownership of, or any right in, Content you submit to or make available for inclusion in the Website. However, with respect to such Content, you grant Stock Talk 101, LLC the following worldwide, royalty-free, and non-exclusive license, as applicable:
(a) With respect to text, photographs, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Website solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Website, and will terminate at the time you remove, or Stock Talk 101, LLC removes such Content from the Website.
(b) With respect to all other Content, the perpetual, irrevocable and unrestricted license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content and to incorporate such Content into other works in any format or medium now known or later developed.
For the purposes of this section, "publicly accessible" areas of the Website are those areas of the Website that Stock Talk 101, LLC, at its sole discretion, intends to be viewable to Visitors as well as to Members.
Removal of Content
You agree that Stock Talk 101, LLC has the right, but not the obligation, in its sole discretion to pre-screen, move, or remove any Content that violates the terms of the Agreement, any Content that violates any of Stock Talk 101, LLC’s intellectual property rights, or a third-party's intellectual property rights; or any other Content, without limitation, that is available via the Website.
Stock Talk 101, LLC’s transmission and processing of your Content
You understand that the technical processing and transmission of the Website and the Services, including User generated Content, may involve .
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Stock Talk 101, LLC and/or Content providers who provide Content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
Claims of Copyright or Trademark Infringement.
This section describes the way in which Stock Talk 101, LLC resolves claims of copy
Notice and Procedure for Infringement Claims
Stock Talk 101, LLC respects the intellectual property of others, and we ask our Users to do the same. Stock Talk 101, LLC may, in appropriate circumstances and at its discretion, disable or terminate the accounts of Users who may repeatedly infringe others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Stock Talk 101, LLC’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) your statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Stock Talk 101, LLC Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: through contact form on website or emailing admin@StockTalk101.com .
Counter Notice and Procedure
If material you have posted on the Stock Talk 101, LLC Website been removed pursuant to the Notice and Infringement process described above in section 6.1, and you believe that that material is not infringing, or that your use of the material is by permission of the copyright owner or in accordance with law, you may send a counter-notice to the Copyright Agent containing the following information:
(a) your physical or electronic signature;
(b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address.
If Stock Talk 101, LLC’s Copyright Agent receives a counter-notice, Stock Talk 101, LLC may send a copy of the counter-notice to the original complaining party informing that party that Stock Talk 101, LLC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or Member, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Stock Talk 101, LLC’s sole discretion.
Privacy
Stock Talk 101, LLC takes the privacy of our Members' information very seriously. This section describes the privacy policy, and some important limitations to it.
Registration Data and certain other information about you, known as "Personally Identifiable Information," is subject to our Privacy Policy. By using the Website, you represent that you have read that Privacy Policy and that you have accepted its terms. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Stock Talk 101, LLC, its affiliates and under certain circumstances, commercial partners. The Stock Talk 101, LLC Privacy Policy can be viewed and printed by clicking link at the bottom of every page on the Website.
Limitation on the Privacy of Your Registration Data and Content
You agree that Stock Talk 101, LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Stock Talk 101, LLC, its Users and the public.
Your Relationship with Third Parties
You may enter into relationships with third parties through the Website or the Services, either with other Visitors to or Members of the Stock Talk 101, LLC community, advertisers, or third-parties located through links on the Stock Talk 101, LLC (StockTalk101.com) site. Stock Talk 101, LLC is not responsible for the actions of third parties. This section notifies you of those limitations.
Dealings with Advertisers or Third Parties
You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of any correspondence or dealing between you and a third party found through your use of the Website. You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of the presence of any advertiser or Member on the Website.
Dealings with Profile Companies
Stock Talk 101, LLC provides a platform for Subscribing Companies’ information on its Website. You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of any correspondence or dealing between you and a Subscribing Company found through your use of the Website. You agree that Stock Talk 101, LLC is not liable for any damage incurred as the result of the presence of any advertiser or Member on the Website.
Member Disputes
You agree that you are solely responsible for your interactions with other Members and Users. Stock Talk 101, LLC has no obligation to monitor disputes between you and other Members and Users. However, Stock Talk 101, LLC reserves the right to monitor disputes between you and other Members and Users, and to take any action that Stock Talk 101, LLC feels may be appropriate at our sole discretion, consistent with the terms of the Agreement.
Links
Stock Talk 101, LLC, Visitors, Members or third parties may provide links from the Website to other World Wide Web sites or resources. Because Stock Talk 101, LLC has no control over such sites and resources, you agree that Stock Talk 101, LLC is not responsible for the availability of such external sites or resources, and you agree that Stock Talk 101, LLC does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such other sites or resources. You further agree that Stock Talk 101, LLC is not liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such Content, goods or services associated with any such site or resource.
Disclaimers and Limitations
Important disclaimers and limitations can found and should be review by clicking on the Disclaimer and Disclosure tab at the bottom of every page on this Website.
Entire Agreement
This Agreement constitutes the final agreement between you and Stock Talk 101, LLC. It is the complete and exclusive expression of your agreement on the matters contained herein. All prior and contemporaneous negotiations and agreements between you and Stock Talk 101, LLC on matters contained in the Agreement are expressly merged into and superseded by the Agreement. The provisions of the Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into the Agreement, neither you nor Stock Talk 101, LLC has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in the Agreement. THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT, OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT.
Choice of Law, Forum, and Venue
THE LAWS OF THE STATE OF MICHIGAN, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES, GOVERN ALL MATTERS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLETES, INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT.
You have agreed to submit to binding arbitration. However, if arbitration is found not to have legal affect by any court with jurisdiction over the Agreement, jurisdiction over actions arising out of or related to the Agreement, and jurisdiction over Stock Talk 101, LLC, then if you bring a legal action or proceeding against Stock Talk 101, LLC arising out of or related to the Agreement, you agree that you may only bring such action or proceeding in the United States District Court for Michigan, or in any court of the State of Michigan.
Severability and Waiver
Stock Talk 101, LLC’s failure to exercise or enforce any right granted in the Agreement shall not constitute a waiver of such right.
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, you nonetheless agree that such court should endeavor to give full effect to the parties' intentions as reflected in such provision, and you agree that other provisions of the Agreement remain in full effect.
No Agency
This Agreement creates no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Stock Talk 101, LLC, and intends no such relationship.
Claim Time Limitation
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Website, or the Agreement must be filed within one year after such claim or cause of action arises or be forever barred.
