Last updated - Nov 29, 2018
Legal disclaimer – part 1-
Your use of data or content provided by Profitmonk.com or any third-party affiliate is entirely at your own risk, and it is the user's sole responsibility to evaluate the accuracy, completeness, and usefulness of all data or content displayed herein. Data, rankings, ratings, scores and analysts’ recommendations, or other content displayed on this site do not constitute any recommendation to buy or sell any security and should be used for informational purposes only. Under no circumstances shall Profitmonk.com, its’ owners or its third-party affiliates be liable for direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of or reliance upon any data or content presented, including damages resulting from mistakes, omissions, interruptions, or defects in the data or content displayed by us or any third-party affiliates. Past performance is no guarantee of future results. It is your responsibility to understand the methodology employed by Profitmonk.com and the underlying methodologies employed by each data provider.
Terms and Conditions of Service (agreement)
Terms and Conditions of Service: You represent that you have read and agree to be bound by the terms and conditions of service ("terms" or “agreement”) for Profitmonk.com. You further agree to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the terms, not to use the Service for illegal purposes, and not to interfere or disrupt networks connected to the Service.
NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PROFITMONK.COM UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND PROFITMONK.COM WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY USING THE SERVICES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.
The Services are offered and available to Users who are at least 18 years of age and reside in the United States. Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User.
Intellectual Property: This service, including but not limited to text, content, photographs, video, audio, and graphics (the "service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Service.
Restrictions on Use: You may not use the Service for any illegal purpose or in any manner inconsistent with the terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Profitmonk.com. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Profitmonk.com and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Profitmonk.com and such others. You agree to protect the proprietary rights of Profitmonk.com and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Profitmonk.com or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Profitmonk.com in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
Further Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the service, except that you may download or make one print copy of this service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in Profitmonk.com may not be recirculated, redistributed or published without prior written consent from Profitmonk.com. Modification of the service's content is a violation of Profitmonk.com copyright. No part of this service may be offered for sale or distributed.
SUBSCRIPTIONS AND PRODUCTS
PRICING AND BILLING
When you purchase a Subscription or Product, the price and billing period, if applicable, will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. PROFITMONK.COM reserves the right to change prices and fees at any time, however, we will notify you in advance if the regular rate of a Subscription changes from the price stated at the time of your order. If you do not wish to pay the new price, you may cancel your Subscription or purchase from that point forward. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.
AUTOMATIC RENEWAL, TERM AND TERMINATION
Your Subscription will automatically renew and continue until terminated by PROFITMONK.COM or until you notify PROFITMONK.COM of your cancellation. You may cancel your Subscription at any time by contacting PROFITMONK.COM. Your registration constitutes advanced consent to receive and pay for the Subscription in the future on a continuing basis, without further consent, until you or PROFITMONK.COM cancel the Subscription.
FREE TRIAL AND SPECIAL INTRODUCTORY OFFERS
If you sign up for a trial or introductory offer to a Service (collectively, a "Trial"), your Trial will automatically convert into a continuous, regularly priced paid Subscription at the end of the Trial period unless a cancellation request is received prior to the end of the specified offer period as further set forth below. Such regular Subscriptions will auto-renew unless otherwise stated in the offer that you accepted. If at the discretion of PROFITMONK.COM, PROFITMONK.COM makes special or introductory offers, promotions or send invitations to participate in a Trial that does not automatically convert into a full-priced paid Subscription and does not require cancellation before the end of said Trial, such offer will include specific language to this effect.
Unless otherwise stated in the Trial offer, the following restrictions will apply to Trials:
• You must be a new customer.
• Offers for the Weekly Print and other physical products are available to United States residents only and delivery restrictions will apply.
• You must not have taken a discounted offer in the previous 6 months.
• You and/or your household are limited to one offer in a six (6) month period.
• Trials may not be combined.
• Other conditions may apply.
All Trials are subject to change without prior notification.
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the terms. Should you choose to download content from the Service, you must do so in accordance with the terms. Such download is licensed to you by Profitmonk.com only for your own personal, noncommercial use in accordance with the terms and does not transfer any other rights to you.
You acknowledge that PROFITMONK.COM reserves the right to charge a fee for any portion of the Services. PROFITMONK.COM will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or Subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee for the balance of your Subscription or use of the Services. If PROFITMONK.COM suspends or terminates your account and/or access to the Services because you have breached these Terms, Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
If you subscribe to a paid Service or purchase a product made available through the Services, (each such purchase, a "Transaction"), you will be asked to provide certain information to complete such purchase, which may include your credit card number, the expiration date of your credit card, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION AND agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred including all shipping and handling charges aND APPLICABLE TAXES. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You are responsible for any taxes that may be applicable to your Transactions. We may be required by law to collect sales or other taxes on orders shipped to certain jurisdictions and if your order is shipping to these jurisdictions, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. We reserve the right to collect such taxes in any other jurisdictions if we believe that such collection is required by law. The prices displayed on the Services are quoted in U.S. dollars, unless otherwise indicated. All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.
Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Profitmonk.com, at all times be and remain the sole and exclusive property of Profitmonk.com. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Profitmonk.com for its exclusive use. Except as specifically permitted by the terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Profitmonk.com or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Profitmonk.com prior written approval.
Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Profitmonk.com makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Profitmonk.com does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Profitmonk.com, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Profitmonk.com, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Profitmonk.com by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
The content of other Web sites, services, resources, goods or advertisements (including those for which Profitmonk.com may receive compensation) that may be linked to the Service is not maintained or controlled by Profitmonk.com. Profitmonk.com is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Profitmonk.com does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. Profitmonk.com is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Profitmonk.com and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms. You acknowledge that the service is provided for information purposes only and is not intended for trading purposes, the service includes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources, Profitmonk.com does not guarantee the sequence, accuracy, completeness or timeliness of the service and the provision of certain parts of the service is subject to the terms and conditions of other agreements to which Profitmonk.com is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Profitmonk.com, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PROFITMONK.COM, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A PROFITMONK.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Profitmonk.com total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site.
Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless Profitmonk.com, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against Profitmonk.com, its employees, representatives, Suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Profitmonk.com, its employees, representatives, Suppliers, and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer's use of the Service; a violation of the terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Termination of Terms: Either you or Profitmonk.com may terminate the terms at will, at any time and effective immediately. You may terminate the terms by discontinuing use of the Service and destroying all materials obtained from the Service. These terms will terminate immediately without notice from Profitmonk.com if you, in Profitmonk.com sole discretion, fail to comply with any provision of these terms. Upon termination by you or upon notice of termination by Profitmonk.com, you must destroy promptly all materials obtained from the Service and any copies thereof.
Governing Law: This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Texas, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Collin County in the State of Texas with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms of service.
We reserve the right to alter this policy at any time, at our discretion, without prior notification. A pro-rata refund of the unused portion of a current Subscription may be granted at our discretion. You are obligated to pay the entire monthly fee for the month of cancellation regardless of when the termination was initiated during the month. Any subsequent refunds from a cancellation will be pro-rated based on a calendar monthly billing cycle regardless of the billing cycle selected during the initial registration, and any billing changes made during your Subscription period for a Service. After receiving a cancellation notice, PROFITMONK.COM will promptly process any refund due. Credit/debit card purchases will be refunded to the card used for purchase. Please note: NO CASH/CHECK REFUND MAY BE MADE ON CREDIT/DEBIT CARD PURCHASES. If your termination or cancellation is the result of a violation of this Agreement, you may forfeit any refund amounts, in PROFITMONK.COM's sole discretion.
Miscellaneous: You accept that Profitmonk.com has the right to change the content or functionality of any aspect of the Service at any time at Profitmonk.com sole discretion. You further accept that such changes may result in your being unable to access some or all services. These terms may be updated at any time without notice. You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Services constitutes acceptance of the changes.
Severability of terms: If any provision of the terms is found invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Agreement in entirety: The terms are the entire agreement between you and Profitmonk.com.
AUTO-RENEW AND CANCELLATION POLICY
Subscriptions purchased are auto-renewed at the end of the Subscription term and will continue until canceled by either you or PROFITMONK.COM. You may not receive renewal reminders prior to being charged for such renewals. Renewal prices are subject to change. In the event that PROFITMONK.COM is unable to process your credit card payment (when applicable) for a payment or renewal, we reserve the right to terminate your access without prior notice. You may cancel your Subscription at any time and PROFITMONK.COM may terminate, or change a Service at any time. When you cancel a Subscription, you will receive a pro-rated refund of any unused fees. Note that for Trials you may be billed for a regularly priced paid Subscription of a Service up to seven (7) days prior to the end of the Trial period, however, if you cancel within the Trial period, such billed amount will be refunded. If you do not want to be charged, you must give notice of cancellation at least seven (7) days before the end of the Trial period. Should you object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with a Service in any way, you agree that your sole recourse is to immediately (1) discontinue use of the Service(s); (2) terminate your Subscription; and (3) notify PROFITMONK.COM's through email. To cancel a Subscription, you must contact PROFITMONK.COM through email.
LEGAL DISCLAIMER – Part 2
The information provided by PROFITMONK.COM is not and should not be construed as a solicitation to buy or sell any securities or as investment or other advice. It has been obtained from sources we believe to be reliable; however, no guarantee is made or implied with respect to its accuracy or completeness. The information and content provided by PROFITMONK.COM are subject to change without notice and PROFITMONK.COM, its parent company, sister companies, subsidiaries, employees, officers, agents, or representatives may from time to time have long or short positions or may acquire direct or indirect beneficial interest in securities mentioned or those not so mentioned.
DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY – Part 2
THE services, including any DATA AND INFORMATION ACCESSIBLE ON the SERVICEs ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. The PROFITMONK.COM indemnified parties (as defined below) CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL and hereby expressly disclaim any warranty therefore.
The PROFITMONK.COM indemnified parties SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING ANY INFORMATION OR DATA THROUGH THIS SERVICE OR FOR INTERRUPTION IN ANY SUCH DATA. IN NO EVENT, WILL the Profitmonk.com indemnified parties BE LIABLE TO YOU OR ANYONE ELSE FOR your use of or inability to use the services, the site, any sites linked to or from the services, any information or data on the services or ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to indemnify and hold PROFITMONK.COM, its parents, subsidiaries, affiliates, licensors, advertisers and sponsors, agents, officers and employees and third-party information providers (the "PROFITMONK.COM Indemnified parties") harmless from and against any and all Losses resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Services (or the use of the Services by another Person using your password) or violation of this Agreement. "Losses" means any and penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' and fees and disbursements (including in-house personnel).
You agree to take all reasonable steps to protect the Services from unauthorized access or use. Upon registering, you will use your email as a user name and choose a password that will permit you to access the Service(s), you must treat such information as confidential, and you must not disclose it to any other Person. You agree that you will be the sole User of the Services under your account. Your user name/Password are subject to cancellation or suspension by PROFITMONK.COM, including upon your misuse of the user name/password in any way. You agree that you will use your best efforts to prevent any third party from obtaining the user name/password, and you will inform PROFITMONK.COM immediately of any actual or potential unauthorized access to a user name/password or to the Services. 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.
Even after your Subscription, User account or access to the Services is terminated by you or by PROFITMONK.COM, this Agreement will remain in full force and effect with respect to your past and future use of the Services. Any rights to your account terminate upon your death. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
CHANGES TO A SERVICE OR THE AGREEMENT
PROFITMONK.COM may, at any time, change or discontinue any aspect or feature of a Service, including Content, hours of availability, and equipment and software needed for access or use. We may update the Content, including, but not limited to, any Data on the Services from time to time, but Content is not necessarily complete or up-to-date. Any of the material on the Services may be out-of-date at any given time, and we are under no obligation to update such material.
PROFITMONK.COM may revise and update this Agreement 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 Services thereafter. Your continued use of any Service following the posting of a revised Agreement 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.
DISSEMINATION, DISCONTINUANCE OR MODIFICATION
You understand that, at any time, PROFITMONK.COM may discontinue disseminating any feature of the Services, including, but not limited to, any category of Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You will not hold PROFITMONK.COM liable for any resulting liability, loss or damages that may arise therefrom. You acknowledge that PROFITMONK.COM, in its sole discretion, may from time to time make modifications to its system, the Services or Data.
USER CONTRIBUTIONS; ONLINE COMMUNITIES AND FORUMS; RULES, POLICIES, AND DISCLAIMERS
The Services may contain the ability to post content or messages or otherwise communicate with other users, including message boards, chat functionality, personal web pages or profiles, forums and other interactive features 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 Services. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PROFITMONK.COM, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. 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 Services. User Contributions, including any messages in online communities or forums express the views of the author of the message, not necessarily the views of PROFITMONK.COM or any entity affiliated with PROFITMONK.COM. PROFITMONK.COM does not make investment recommendations. Information posted by Users on online communities or forums should not be used as a substitute for independent research, and should not be relied on to trade or make investment decisions. Occasionally, a staff member may participate in online communities and forums and in such case, we will clearly identify the participant as an PROFITMONK.COM staff member.
PROFITMONK.COM does not claim ownership of any User Contribution. However, by posting a User Contribution to the Services, you grant to PROFITMONK.COM and our distributors a worldwide, royalty-free, perpetual, non-exclusive and fully transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display comments you post, in whole or in part, throughout the world for any purpose, including commercial and promotional purposes without additional compensation or consent.
You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and (ii) you will not post any content or materials that:
• is false, inaccurate or misleading;
• infringes on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• violates any Applicable Law;
• contains any materials which is defamatory, vulgar, hateful, obscene, profane, libelous, abusive, inflammatory, unlawfully threatening or unlawfully harassing;
• contains advertisements, chain letters, pyramid schemes, commercial messages, auctions, or solicitations;
• contains any viruses, impose an unreasonable or disproportionately large load on the Profitmonk.com infrastructure, and not use any data mining, robot, spider, worms, time bombs, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process that may damage, detrimentally interfere with or intercept any system, data or personal information;
• creates liability for use or cause us to lose the services of our ISPs or other suppliers;
• promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Promotes any illegal activity, or advocate, promote or assist any unlawful act;
• Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, harass, alarm or annoy any other Person;
• Impersonates any Person, or misrepresent your identity or affiliation with any Person or organization or is otherwise intended or likely to deceive any Person;
• Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
• Gives the impression that they emanate from or are endorsed by PROFITMONK.COM or any other Person, if this is not the case.
PROFITMONK.COM and the PROFITMONK.COM-Indemnified Parties and related companies are not responsible for the accuracy, errors, or omissions of any information posted as User Contributions, including any content or links in such User Contributions, and are not responsible for any trading or investment decisions based on such information. The U.S. Securities and Exchange Commission recognizes the growing possibility of Cyberfraud. Please refer to www.sec.gov/investor/pubs/cyberfraud.htm for further information, or to the SEC's main website at www.sec.gov or the National Association of Securities Dealers, Inc. at nasd.com.
1. PROFITMONK.COM, including the PROFITMONK.COM-Indemnified Parties and their affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined below) between you and PROFITMONK.COM or the PROFITMONK.COM-Indemnified Parties, regarding any aspect of your relationship with PROFITMONK.COM, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and PROFITMONK.COM agrees to give up the right to sue in court. The term "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and PROFITMONK.COM, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term "Dispute" specifically includes, but is not limited to, any and all claims between you and PROFITMONK.COM in any way related to or concerning this Arbitration Agreement, any other aspect of this Agreement (including their applicability and their conformance to Applicable Law), any products or services provided by PROFITMONK.COM, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and PROFITMONK.COM retains the right to sue in small claims court and (ii) each of you and PROFITMONK.COM may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and PROFITMONK.COM also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and PROFITMONK.COM. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). Any such damages shall not exceed the amount paid by you, if any, for accessing this site. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
2. Any arbitration between you and PROFITMONK.COM will be conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this Arbitration Agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and PROFITMONK.COM cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of PROFITMONK.COM and you pursuant to JAMS Rules. The JAMS Rules are available on its website at www.jamsadr.com/consumer-minimum-standards. The Consumer Arbitration Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards/. The arbitrator is bound by the terms of this Agreement. If either you or PROFITMONK.COM wants to arbitrate a claim, you or PROFITMONK.COM must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Service to which the Notice relates, and the relief requested. Your Notice to PROFITMONK.COM must be sent by email with subject line: “Arbitration Notice of Dispute”. PROFITMONK.COM will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at www.jamsadr.com/consumer-minimum-standards. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to PROFITMONK.COM at the address listed above to which you sent your Notice of Dispute.
3. You and PROFITMONK.COM acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND PROFITMONK.COM MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the arbitrator may award any individual relief or individual remedies that are permitted by Applicable Law. Any such damages that need to be paid by PROFITMONK.COM to you shall not exceed the amount paid by you, if any, for accessing this site.; and (c) each side pays his, her or its own attorneys' fees,
Class Action Waiver
Both you and PROFITMONK.COM waive the right to bring any controversy, claim or dispute ARISING OUT OF OR RELATING in any way to your use of the Services or purchases through the SERVICES as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.
Addendum A -
Limitation of Liability: IN NO EVENT SHALL PROFITMONK.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERUPTION OR LOSS OF INFORMATION OR DATA) ARISING OUT OF THE USE OR INABILITY TO ACCESS THE SERVICE OR USE THE SOFTWARE, EVEN IF PROFITMONK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PROFITMONK.COM AND ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON THE INFORMATION PRESENTED IN THE SERVICE. UNDER NO CIRCUMSTANCES SHALL PROFITMONK.COM AND ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF PROFITMONK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROFITMONK.COM LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ALL FEES PAID BY YOU TO PROFITMONK.COM.
Indemnification: You agree to indemnify and hold Profitmonk.com, its parents, subsidiaries, affiliates, officers and employees harmless from and against any and all losses, damages, liabilities, obligations, costs and expenses (including attorneys’ fees) resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Service or the Software (or the use of the Service by another person using your password) in breach of this Agreement.
Subscriber's Representation. Subscriber is not and will not engage in the operation of any illegal business and will not use, or permit anyone else to use, the data obtained through the Service, or any part thereof, for any illegal purpose.
User Information: Profitmonk.com may store the information provided by you during the registration process for the Service, and provide aggregate statistical information about subscribers to potential advertisers and other third parties. Profitmonk.com may use the information provided by you to inform you about other publications, products and services. However, no one other than Profitmonk.com and its affiliates will receive your name, address, phone number, e-mail address, or other specific personal information, without your consent.
Severability: In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
Amendments. Profitmonk.com may amend the terms of this Agreement at any time by posting amended temrs to the Legal Agreement page in the About section within the application; provided that such amended terms shall not take effect until expiration of the current subscription period. It is your responsibility to monitor whether any amendments to this Agreement have been posted by Profitmonk.com and you will be deemed to agree to such amendments effective upon the commencement of the next subscription period if you have not exercised your right to terminate the Agreement prior to such time.