Welcome to StockPup.com. We provide a collection of online resources, including financial data and charts ("StockPup Data" or "Data"), discussion forums, editorial content, and various analytical tools (collectively, the "StockPup Services" or "Service") subject to the following Terms of Service ("TOS"). We may update the TOS from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.stockpup.com/terms/. By accessing and using the Service, you accept and agree to be bound by the terms and provisions of the TOS.
STOCKPUP SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. STOCKPUP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. StockPup Services are provided for informational purposes only. Do not use StockPup Services or Data for financial decision making without independently verifying the accuracy of any information you receive as part of the StockPup Services.
StockPup and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the StockPup Services, and shall not be responsible or liable for any trading or investment decisions based on such information. If you choose to make any financial decisions based on informartion provided by StockPup, do so entirely at your own risk. Make sure to read carefully the sections below disclaiming warranties and limiting our liability.
YOU AGREE THAT USE OF THE STOCKPUP SERVICES IS ENTIRELY AT YOUR OWN RISK. THE STOCKPUP SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, STOCKPUP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE STOCKPUP SITE AND STOCKPUP SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, STOCKPUP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED OR ADVERTISED THROUGH THE STOCKPUP SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE STOCKPUP SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, STOCKPUP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE STOCKPUP SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL STOCKPUP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF STOCKPUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE STOCKPUP SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE STOCKPUP SERVICES OR ANY LINKS ON THE STOCKPUP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE STOCKPUP SERVICES OR ANY LINKS ON THE STOCKPUP SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold StockPup, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any content you submit, post or make available through the StockPup Services, your use of the StockPup Services, your violation of the TOS, or your breach of any of the representations and warranties herein.
You agree not to:
StockPup grants you a limited, revocable, non-exclusive license to access the StockPup Services for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the StockPup Services and Data nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by StockPup.
A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the StockPup Services, provided they each do so from stable IP address(es) using an easily identifiable agent and comply with our robots.txt file.
Unless otherwise indicated, all content, including StockPup Data, provided as part of StockPup Services, such as text, graphics, logos, images, digital downloads, data compilations, and software ("Content"), is the property of StockPup and is protected by United States and international intellectual property and other laws.
Copyright © 2010 StockPup.com. All rights not expressly granted herein are reserved.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide StockPup's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying StockPup that your copyrighted material has been infringed.
StockPup's Copyright Agent for notice of claims of copyright infringement on its site can be reached at: stockpup-admin 'AT' stockpup "DOT" com
With respect to Content you submit to StockPup, including any ideas, suggestions, documents, data, and/or proposals ("Contributions"), you grant StockPup a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, publish, reproduce, modify, adapt, translate, publicly perform and publicly display, and sell such Content in whole or in part.
By submitting Contributions to StockPup, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) StockPup is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) StockPup shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) StockPup may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of StockPup without any obligation of StockPup to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from StockPup under any circumstances.
By visiting StockPup.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these TOS and any dispute of any sort that might arise between you and StockPup.
The TOS constitutes the entire agreement between you and StockPup and governs your use of the StockPup Services, superseding any prior version of this TOS between you and StockPup with respect to the StockPup Services.
Waiver and Severability of Terms
The failure of StockPup to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the StockPup Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.