Website Terms of Use

Last Modified: June 27, 2024

1.1 Introduction

Modern Millionaire Society, LLC d/b/a Stockmarket Wolf (“Company,” “we,” “us,” or “our”) provides its services (described below) to you through its website located at stockmarketwolf.com (the “Website”) and through its related services (collectively, such services, including any new features and applications (as applicable), and the Site, the “Service(s)”), subject to the following terms (“Terms of Use”).

Before beginning to use the Website, please carefully review the Terms of Use. BY UTILIZING THE WEBSITE OR CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN PROMPTED, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, AVAILABLE [PRIVACY POLICY URL], WHICH IS INCORPORATED HEREIN BY REFERENCE. IT IS ESPECIALLY IMPORTANT TO REVIEW THE ARBITRATION SECTION, AS IT IMPACTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. If you do not wish to agree to these Terms of Use or the Privacy Policy, refrain from accessing or using the Website.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all eligibility requirements herein. If you do not meet all of these requirements, you must not access or use the Website.

1.2 Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.  

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

2. Accessing the Website and Account Security

2.1 Use Description. Upon purchasing our Services, you are granted a limited, non-exclusive, non-transferable license to access Company content and view Website content solely for personal, non-commercial, and educational purposes. This license does not confer any right, title, or interest to Website content, including User Contributions Content (defined below). The Company reserves the right to revoke this license at its sole discretion. In the event of license revocation, you must promptly destroy all downloaded or obtained content, as well as any copies, whether made in accordance with the Terms of Use or otherwise. The Company Service and any content viewed are intended solely for personal, non-commercial, and educational use.

2.2 Modifications of Service. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

2.2 Registration Requirements. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

2.3 Member Account Security. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Company will not be liable for any loss or damage arising from your failure to comply with this Section.

2.5 Storage Policy. You agree to Company’s right to establish practices and limits regarding your Service usage, including, without limitation, the maximum duration for data retention and allotted storage space on Company’s servers for your use of the Website and Services. Company bears no responsibility or liability for the deletion or failure to store any data or other content uploaded to the Service or Website. Additionally, you acknowledge that Company reserves the right to modify its practices at its sole discretion, with or without notice.

3. Conditions of Use

3.1 Conduct. You are solely responsible for all content, including code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”), that you upload, post, publish, or display (collectively, “Upload”), or otherwise use via the Service. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision. This may include removing offending content from the Service, suspending or terminating the account of such violators, and reporting them to law enforcement authorities. Additionally, you may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

 

3.2 Fees. 

If you opt for a Service featuring auto-renewal (“Auto-renewed Subscription”), you grant Company permission to retain your account details and automatically charge your account upon renewal of the chosen Service, without requiring further action from you. 

In the event that Company is unable to charge your account as authorized by you when you enrolled in an Auto-renewed Subscription, Company may, at its discretion, (a) invoice you for the Service(s) and suspend your access until payment is received, and/or (b) attempt to update your account information through third-party sources, such as your bank or payment processor, to continue charging your authorized account.

Company reserves the right to adjust prices for Auto-renewed Subscriptions periodically, providing advance notice of any changes and instructions on how to accept the changes. Price adjustments will take effect at the beginning of the subsequent subscription period following the date of the change. By continuing to use your Auto-renewed Subscription after the price adjustment, you acknowledge acceptance of the new price. If you disagree with the price modifications, you retain the right to reject them by canceling your Auto-renewed Subscription before the changes take effect. It is important to review any notifications regarding price adjustments carefully.

Payments are nonrefundable, and no refunds or credits will be issued for partially used periods. You may cancel your Auto-renewed Subscription at any time; however, subscription fees already paid are nonrefundable, and access to the service will continue until the end of the current subscription period. Company reserves the right to provide refunds, discounts, or other considerations (“Credits”) to some or all users at any time and for any reason, at its sole discretion. The amount and form of such credits, as well as the decision to provide them, are at the discretion of Company and do not establish an obligation to provide credits in the future, under similar or different circumstances. 

3.3 Special Notice for International Use; Export Controls. The software provided in connection with the Service, along with the transmission of relevant data, is subject to United States export controls. No software may be downloaded from the Service or exported or re-exported in violation of U.S. export laws. Your downloading or use of the software is at your own risk. Acknowledging the global nature of the Internet, you agree to abide by all local rules and laws concerning your use of the Service, including regulations regarding online conduct and acceptable content.

3.4 Educational Purposes. Unless expressly authorized herein or by Company in writing, you agree not to engage in the following activities with any portion of the Service, use of the Service, or access to the Service: display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works, modify, sell, resell, exploit, transfer, or upload for any commercial or educational purposes. The Service is intended solely for your non-commercial, personal, and educational use.

3.5 No Individual Investment Advice. COMPANY DOES NOT PROVIDE INDIVIDUAL OR CUSTOMIZED LEGAL, TAX, ACCOUNTING, FINANCIAL PLANNING, OR INVESTMENT SERVICES. A QUALIFIED PROFESSIONAL SHOULD BE CONSULTED BEFORE MAKING FINANCIAL DECISIONS. COMPANY MAKES NO GUARANTEES AS TO THE ACCURATENESS, QUALITY, OR COMPLETENESS OF THE INFORMATION PROVIDED UNDER THE SERVICES.

4. Intellectual Property Rights

4.1 Service Content and Software

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial and educational purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, scrape, rent, lease, loan or transmit any of the material on our Website, except as follows:

• Your own User Contributions that you legally upload to the Service and/or Website.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial, educational use and not for further reproduction, publication, or distribution. Any copies shall be destroyed upon termination of your Services subscription.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial, educational use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
• Circumvent or attempt to circumvent Company blocking (including geofencing)  access to the Service, including blocking or masking you IP address, or using a proxy IP address.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Any use of the Service or the Service Content beyond what is specifically authorized herein is strictly prohibited. The technology and software supporting the Service or distributed in connection with it belong to Company, our affiliates, and our partners (collectively referred to as the “Software”). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or attempt to discover any source code of the Software. Additionally, you agree not to sell, assign, sublicense, or otherwise transfer any right in the Software. All rights not expressly granted herein are reserved by Company.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4.2 Trademarks.

The Company name, the terms Stockmarket Wolf, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. All goodwill generated from use of Company’s trademarks shall inure to the exclusive benefit of Company.

4.3 Third Party Materials. Under no circumstances will Company be liable for any content or materials provided by third parties (including users), including errors or omissions in such content, or any loss or damage incurred from the use of such content. You acknowledge that Company does not pre-screen content but reserve the right, at its sole discretion, to refuse or remove any content available via the Service. Company and its designees have the right to remove any content that violates the Terms of Service or is deemed objectionable. You agree to evaluate and bear all risks associate with the use of any content, including reliance on its accuracy, completeness, or usefulness.

4.4 User Contributions. 

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees and successors, and assign the right to use, reproduce, modify, perform, display, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Contributions in any and all media, form, medium, technology or distribution methods now known or hereafter devised, for any and all purposes (commercial or otherwise), and otherwise disclose to third parties any such material according to your account settings. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions, including, without limitation, all copyrights and rights of publicity contained therein, that you have all required rights to post or transmit such content or other materials without violation of any third-party rights, and you have the right to grant the license granted above to us and our licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You acknowledge and consent that any questions, comments, suggestions, ideas, feedback, or other information pertinent to the Service (“Submissions”), provided by you to Company, its affiliated companies, or partners, are considered non-confidential. Company, its affiliated companies, and partners reserve the right to utilize and distribute these Submissions without restrictions for any purpose, whether commercial or otherwise, without providing acknowledgment or compensation to you.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

4.5 Copyright Complaints.

Company values intellectual property rights and respects the right of others. If you have a good faith belief that any materials on the Website infringes upon your copyrights, please send the following information to the designated Copyright Agent at team@stockmarketwolf.com:

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
2. Identification of the material claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to locate the material.
3. Your address, telephone number, and email address.
4. A statement by you, made under penalty of perjury, that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6. A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.

4.6 Counter-Notice. If you believe that your User Contributions, which were removed or had access disabled, are not infringing, or if you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Contributions, you may send a written counter-notice to the Copyright Agent. This counter-notice should contain the following information: your physical or electronic signature; identification of the removed or disabled content and its previous location; a statement expressing your good faith belief that the content was removed or disabled due to mistake or misidentification; your name, address, telephone number, and email address; a statement consenting to the jurisdiction of the federal court located within the County of San Diego in the state of California; and a statement agreeing to accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of a counter-notice by the Copyright Agent, Company will provide a copy to the original complaining party, informing them that the removed content may be replaced or access to it restored in 10 business days unless the copyright owner files an action seeking a court order against you. The replaced content or restored access may occur 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

5. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.
• Suspend or terminate your account, or any part thereof, or your use of the Service, and to remove and discard any content within the Service, for any reason, which includes instances of lack of use or if Company believes that you have violated or acted inconsistently with the Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

7. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote any sale, purchase, or other form of investment advice that may be considered insider trading. “Insider trading” means the purchase or sale of a security while in possession of material, nonpublic information in violation of a duty not to trade. Insider trading also includes situations where an insider or misappropriator discloses, in exchange for a personal benefit, material, nonpublic information to an outsider who trades or tips another individual for personal benefit. In that situation, both parties have engaged in insider trading.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY].
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

8. User Disputes. You acknowledge that you bear sole responsibility for your interactions with any other user regarding the Service, and Company will not be liable or responsible for any interactions between users. While Company reserves the right to intervene in disputes between you and other users, it is not obligated to do so.
9. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information and educational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

11. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

12. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services carried out through the Website, or resulting from visits made by you, are governed by the Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

13. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

14. Links from the Website

If the Website contains links to other sites, applications, and resources directly or provided by third parties, which are provided for your convenience only. You explicitly acknowledge and agree that Company bears no responsibility or liability, whether directly or indirectly, for any damage or loss incurred or purportedly cause by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such external site, third party service, or resource. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Any transactions or interactions you engage in with the third parties while using the Service are solely between you and the third party.

15. Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (A) YOU HAVE PAID TO COMPANY IN THE LAST  SIX (6) MONTHS; OR (2) FIVE HUNDRED DOLLARS ($500).

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. 

19. Release

In consideration of the covenants, agreements, and undertakings of this Agreement, you, on behalf of yourself and your respective present and former parents, affiliates, officers, directors, shareholders, managers, members, successors, assigns, estate, and family (collectively, “Releasors”) hereby releases, waives, and forever discharges us and our respective present and former, direct and indirect, parents, subsidiaries, affiliates, employees, officers, directors, shareholders, managers, members, agents, representatives, permitted successors, and permitted assigns (collectively, “Releasees”) of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, “Claims”), which any of such Releasors ever had, now have, or hereafter can, shall, or may have against any of such Releasees for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time through the termination of your access to the Services or Website arising out of or relating to the Agreement, except for any Claims relating to rights and obligations preserved by, created by, or otherwise arising out of this Agreement. You have been made aware of, and understand, the provisions of California Civil Code Section 1542 (“Section 1542”), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.

20. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Stockmarket Wolf regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns

This website is operated by Stockmarket Wolf.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: team@stockmarketwolf.com.