WinInStocks

The following terms and conditions (the “Terms”) govern all use of the stocktwits.com website and any other websites where WinInStocks offers its Service including stocktwits.com, (each a “Site,” and collectively, the “Sites”).

In these Terms, “you” or “your” means the person accepting these Terms and the company (if any) on whose behalf he/she is acting, and "company," “we,” “us,” “our,” “WinInStocks,” "WinInStocks.com" means WinInStocks and its affiliates. The Terms describe your rights and responsibilities and form a legally binding agreement between WinInStocks and you with respect to your use of the Service. By using or accessing any part of the Service, you agree that you are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that company to the terms of these Terms. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the Service may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with these Terms, those additional terms and conditions will control.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND A WAIVER OF RIGHTS TO BRING CLASS ACTION CLAIMS AGAINST US. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THE SERVICE.

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I. Registration Data and Account Security

As a condition to using some parts of the Service, you may be required to register an account with WinInStocks, select a password and user name and provide other information about your identity, your company or your investments (“Registration Data”). You agree to (a) provide accurate, current and complete Registration Data; (b) maintain the security of your password and user name; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Except as expressly provided in these Terms, you may only maintain one active account with the Services.

You agree and understand that you are responsible for maintaining the confidentiality of your Registration Data. By providing us with your e-mail address, you agree to receive all required notices electronically, including through the Services (such as by displaying links to notices generally on the Site) or to your e-mail address. It is your responsibility to update or change that e-mail address, as appropriate. If you become aware of any unauthorized use of your Registration Data or Account Information for the Services, you agree to notify us immediately at the email address

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2. Premium Services

When subscribing to a premium Service such as one of our paid subscription newsletters and access to our premium articles, alerts, and portfolio updates, you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You agree to pay the applicable subscription fee as set forth on this site. Sales taxes may be charged in addition to the subscription fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.

You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, WinInStocks reserves the right to cancel your subscription.

We reserve the right to refuse or discontinue the supply of a Service to any user at any time at our sole discretion.

Our Services generally deliver their content via email including trade alerts or recommendations, recent actionable investing guidance, and other important stock news. There is no opt-out choice available for these emails (unless you cancel your subscription).

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3. Automatic Billing and Cancellation Policy

Your membership will automatically renew at the then-current rate, until you notify us of your decision to terminate your membership. Most subscriptions will automatically renew every month, regardless of the offer under which the subscription was initiated. If you would like to turn off automatic renewal, please contact Member Support. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. You can cancel your autorenewal at any time.

The WinInStocks reserves the right to increase a Service's fees or institute new charges upon reasonable notice. Service fees are due in advance.

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4. Refunds

WinInStocks reserves the right to cancel your subscription for Paid Products or Services at any time for any reason or no reason. If we cancel your subscription for any reason other than your failure to pay or breach of these Terms (or any other terms you have agreed to with WinInStocks) you will receive a pro-rated refund of the fees you pre-paid, if any. Your refund will consist of all pre-paid fees for each complete month remaining in your Subscription Period. If you decide to cancel the subscription at any moment of your paid subscription cycle (usually a month) as per StockTwits rules you will continue to get access to Premium services until the end of that cycle. At the end of the cycle, your subscription will be canceled and no new charges will be made against your account.

You cannot transfer your subscription to someone else.

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5. Securities Disclaimer

WININSTOCKS IS NOT A TAX ADVISOR, BROKER, FINANCIAL ADVISOR OR INVESTMENT ADVISOR. THE SERVICE IS NOT INTENDED TO PROVIDE TAX, LEGAL, FINANCIAL OR INVESTMENT ADVICE, AND NOTHING ON THE SERVICE SHOULD BE CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION FOR ANY SECURITY. Trading in such securities can result in immediate and substantial losses of the capital invested. You should only invest risk capital, and not capital required for other purposes. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should also consult an attorney or tax professional regarding your specific legal or tax situation.

The Content is to be used for informational and entertainment purposes only and the Service does not provide investment advice for any individual. WinInStocks, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.

You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Service will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which Content is published on the Service have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.

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6. You Bear Responsibility for Your Financial and Investment Decisions

By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that WinInStocks, its owner, its employees, partners, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.

 

 

7. Limitation on Liability

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

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8. Suspension; Termination

If we believe you are abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. In the event of any such suspension or termination and we have to refund any amounts to the Users of your Room, you agree to pay us for any such refunded amounts.

The Company may terminate your account, delete your profile and any User Content that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.

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9. Indemnity

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

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10. Conduct

You agree to use WinInStocks for lawful purposes only. You may not use or allow others to use your WinInStocks membership to:

Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;

• Post or transmit any material that you don't have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);

• Post, transmit, or link to sexually explicit material;

• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;

• Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);

• Offer, sell, or buy any security;

• Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;

• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

• Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;

• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and

• Take any action that damages or disrupts the functioning of our systems or Services.

Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.

We reserve the right to remove any content from WinInStocks website at any time at our sole discretion. This includes but is not limited to comments from subscribers, visitors, past blog posts, stock picks, etc.

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11. Third-Party Services, Other Websites and Content

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

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

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

In using any Third-Party Services made available via the Service, you must agree to comply with and be bound by the Terms of Service, Privacy Policy, or other terms and conditions of the third-party service providers.

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

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12. Other Disclaimers

The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service or any posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.

The Service may provide information from or links to certain brokerage companies for your convenience only. Stocktwits is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select (and not Stocktwits) is solely responsible for its services to you. WININSTOCKS, ITS AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY BROKERAGE COMPANY.

THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY, ITS PARTNERS AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE OR ANY OF THE SERVERS USED TO OPERATE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.