TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS
1.1. Welcome to SmartStops.net, a service of AccioNet, LLC. The following terms and conditions apply to and govern your use of SmartStops.net and the services offered through its website, including published alerts, BrokerLink services, forums, blogs, branded email, newsletters, among other things (the “Service”). Please read the Terms and Conditions of this agreement carefully. You may print this text for your own records and/or view it anytime within the SmartStops.net website.
IMPORTANT: Your use of this Service signifies your agreement to be bound by these Terms and Conditions.
2. LICENSE TO USE THE SERVICE
2.1. SmartStops.net grants you a non-exclusive, non-transferable, non-assignable, non-sub licensable, royalty-free and restricted license to use the SMARTSTOPS.NET Service for your personal use only.
2.2. You agree not to interfere or attempt to interfere with the operation of this Service in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or by any other means.
3. TITLE, PROPRIETARY RIGHTS, AND DEVELOPMENT
3.1. The User agrees that SmartStops.net and its parent AccioNet LLC own all right, title and interest in the SmartStops.net Service and in all patents, trademarks, trade names, inventions, copyrights, know-how and trade secrets relating to the design, manufacture, operation or service of the SmartStops.net Service. All rights not expressly granted are hereby reserved by SmartStops.net. Unauthorized copying or use of the SmartStops.net Service, or failure to comply with the restrictions provided in this Agreement, will result in automatic termination of this Agreement. Nothing in this Agreement shall change SmartStops.net’s ownership rights to its respective intellectual property, including but not limited to the SmartStops.net Service.
3.2. The User acknowledges and understands that SmartStops.net evaluates, designs, develops, and acquires technology, software applications, services, and other products, and for this reason any such technology, software applications, services or products that are independently developed, evaluated, designed or acquired by SmartStops.net may contain ideas or concepts similar to those that might be developed by The User. Nothing in this Agreement shall prevent SmartStops.net from licensing, acquiring or independently developing and marketing, directly or indirectly through third parties, products similar to and competitive with Services developed by The User. Nothing herein shall be construed to grant you any rights in any such products so developed or acquired, or any rights to the revenues or any portion thereof derived by SmartStops.net from the use, sale, lease, license or other disposal of any such independently developed products.
3.3. SmartStops.net is under no obligation to support the SmartStops.net Service in any way, or to provide The User with updates, bug fixes, builds, or error corrections (collectively “Service Updates”). If SmartStops.net at its sole option, supplies Service Updates to The User, the updates will be considered part of SmartStops.net Service, and subject to the terms and conditions of this Agreement.
3.4. You acknowledge that SmartStops.net shall have the right, in its sole discretion and without incurring any liability, to modify the SmartStops.net Service or discontinue its use or distribution at any time and for any reason.
3.5. The SmartStops.net Service may contain links to other Internet Websites and Resources and those links are there for your convenience. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. SmartStops.net can not be held responsible for any information that is NOT current, accurate, and complete from any of these links.
4. SUBSCRIPTION PAYMENT
To the extent, if any, that your broker has agreed to pay your SmartStops.net Subscription fees these payment provisions may not apply to you.
4.1. In exchange for subscription to the SmartStops.net Service, you agree to pay all applicable fees as displayed in SmartStops.net’s on-line registration or otherwise made available to you. All Subscription fees payable to SmartStops.net are due in advance, and no Subscription products or services shall be delivered to you unless and until SmartStops.net has received full, non-conditional payment of all applicable fees, including credit card payment verification, approval and clearance. No part of the full monthly Subscription fee is refunded if you terminate in the middle of a month. Any and all applicable sales or use taxes, as well as all applicable Exchange fees and charges (unless expressly included in your Subscription for no additional charge) shall be your responsibility and paid by you in full and on a timely basis.
4.2. Payment By Credit Card: You hereby authorize SmartStops.net or its affiliate to use the credit card information furnished by you to SmartStops.net or its affiliate for purposes of fulfilling your payment obligations under this Agreement. You further represent and warrant that (i) the credit card information provided to SmartStops.net (card number, expiration date and card-holder’s name) is accurate and valid in all respects and lawfully authorized for use, and that you are providing your credit card information to SmartStops.net fully intending and expecting your credit card to be fully charged all fees and payment amounts which you have agreed to pay in your on-line registration, or otherwise, including all Subscription, data, Exchange and other fees and charges; and that (ii) such credit card belongs to you or has been authorized for use by you by the valid card-holder. Upon expiration of your credit card, you shall notify SmartStops.net of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
4.3. Annual Prepaid Subscriptions: If you register for an Annual Prepaid Subscription for access to the SmartStops.net Service, you shall prepay all fees for twelve (12) consecutive months at the specified one-year price. Annual Prepaid Subscription fees and commitments are nontransferable. You can cancel your Annual Payment at any time and will receive an automated pro-rated refund for the time unused. Your Annual Prepaid Subscription for service will automatically renew each year unless you close your account or notify firstname.lastname@example.org of the desire to close your account. And if you are paying by credit card, you authorize the renewal of the annual payment. At any time you can also switch from an annual payment plan to a monthly plan or vice versa.
4.4. Monthly Subscriptions: If you register for a Monthly Subscription, you will be required to make all payment amounts, on a monthly basis, described in your Subscription registration. Should SmartStops adust its payment plans, you will receive notification at least 30 days in advance at which time you can choose to continue on or cancel. Any such changes may be made in SmartStops.net’s sole and absolute discretion.
4.5. Partial refunds for the most recent, incomplete, subscription interval, when such interval is longer than one month, shall be given if the End-User notifies the Company of his or her decision to discontinue use of the Service and requests a refund. The amount of refund the End-User is entitled to will be prorated based on the date the Company receives notification of the End-User’s decision to discontinue use of the Software. However, no refunds shall be granted for incomplete subscription intervals when the duration of the interval is one month or less. Payment method for refunds shall be at the sole discretion of SmartStops.net.
4.6. You must be 18 years of age or older to subscribe to SmartStops.net.
5.1. To use certain features of our SmartStops.net Service, you may need a username and password, which you will receive through the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password and account. You agree to notify us immediately of any unauthorized use of your password and account or any other breach of security, and to ensure that you exit from your account at the end of each session. SmartStops.net cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
5.2. To use SmartStops.net’s “BrokerLink” Service you are required to enter your online Broker’s log-on username and password. This log-on information is not stored by SmartStops.net and is used only to communicate stop loss orders orders from SmartStops.net to your broker.
6. NON-UNITED STATES RESIDENTS
7.1. You acknowledge and agree that support for SmartStops.net’s Service is limited to email support, and that support via chat or telephone is solely at SmartStops.net’s discretion, with email being the preferred method for all non-critical issues. SmartStops.net will typically respond to emails within one (1) business day. SmartStops.net agrees to make best efforts to support the Service in a timely manner, however you hereby acknowledge that SmartStops.net does not warrant or guarantee timely support via chat or telephone and shall not be subject to any liability.
7.2. Support can be requested through SmartStops.net website or by emailing us at: email@example.com or calling us at 1-877-654-7766.
9. TERM AND TERMINATION OF AGREEMENT
9.1. This Agreement will commence on the date on which The User enters SmartStops.net Service (the “Effective Date”) and will expire twelve (12) months from the Effective Date, unless sooner terminated as provided herein.
9.2. Either The User or SmartStops.net may terminate this Agreement upon ten (10) days written notice to the other party. However, SmartStops.net may terminate this Agreement immediately should any aspect of SmartStops.net Service or any related materials become, or in SmartStops.net’s opinion be likely to become, the subject of a patent, trade secret or copyright infringement claim.
9.3. Rights and obligations under this Agreement which by their nature should survive, shall remain in effect after termination or expiration hereof.
10. DISCLAIMER OF WARRANTY
10.1. SmartStops.net SERVICE IS PROVIDED “AS IS.” ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
11. LIMITATION OF LIABILITY
11.1. IN NO EVENT SHALL SMARTSTOPS.NET OR ITS PARENT, ACCIONET LLC, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY OR ALL GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE SmartStops.net SERVICE OR CONFIDENTIAL INFORMATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT SmartStops.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.2. Notwithstanding the foregoing, any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of SmartStops.net and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount, if any, actually paid by you for the SmartStops.net Service or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11.3. You shall have the sole responsibility to adequately protect and backup your data or equipment used in connection with the SmartStops.net Service. You shall not claim against SmartStops.net for lost data, inaccurate output, work delays or lost profits resulting from The User’s use of the SmartStops.net Service.
11.4. Neither party will be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement, including loss of business, revenue, profits, use, data or other economic advantage, however it arises, whether for breach or in tort, even if that party has been previously advised of the possibility of such damage.
12. DISCLAIMER –NOT AN INVESTMENT ADVISOR NOR BROKER/DEALER
12.1. SmartStops.net (owned by AccioNet, LLC) is a publisher of software-generated signals. It is impersonal. No consideration can or is made toward your financial circumstances. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. The material provided by our Service or any communications is for general informational purposes only. No information provided by the SmartStops.net Service is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source.
12.2. SmartStops.net is intended to provide software-generated analysis of stocks and markets, but is not intended to provide personalized investment advice. DO NOT E-MAIL SMARTSTOPS.NET SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH CANNOT BE PROVIDED. Investing in stocks can be very risky and can involve substantial loss of principal. Potential exit price calculations made available to you by SmartStops.net are results of a proprietary computer-selected modeling and they are offered to you “as is” without any specific buy or sell recommendation.
12.3. SmartStops.net aggressive or conservative signals are NOT a solicitation to buy or sell securities. Investors are strongly advised to conduct their own research that meets their objectives. SmartStops.net is not a stock promotion firm. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. We recommend consulting with a registered investment advisor, broker-dealer, and/or financial advisor. If you choose to invest with or without seeking advice from such an advisor or entity, then any consequences resulting from your investments are your sole responsibility. Any sale or purchase of securities or ownership interest that results from information presented on SmartStops.net will be on a negotiated basis between the buyer and seller without any additional participation by or remuneration to SmartStops.net.
12.4. Any use of the information derived or obtained from the use of any product or service of SmartStops.net is the sole responsibility of the user. You acknowledge that your requests for this information are unsolicited and shall neither constitute nor be considered investment advice. All material presented within SmartStops.net is to be regarded for general informational purposes only. Investing in stocks does involve risk, so caution must always be utilized. We cannot guarantee profits or freedom from loss. You assume the entire cost and risk of any investing or trading you choose to undertake.
12.5. All services of SmartStops.net are on a best effort basis; all information posted is believed to come from reliable sources. SmartStops.net does not warrant the accuracy, correctness, or completeness of information available from its service and therefore will not be liable for any loss incurred. Due to the electronic nature of the Internet, the SmartStops.net website, and its broker integration and e-mail distribution services (“Electronic Communications”) can fail at any given time.
12.5.1. SmartStops.net will not be responsible for unavailability of use of its website, nor undelivered Electronic Communications due to Internet bandwidth problems, equipment failure, or acts of God.
12.5.2. SmartStops.net does not warrant that the transmission of Electronic Communications will be uninterrupted or error-free.
12.5.3. SmartStops.net will not be liable for the acts or omissions of any third party with regard to SmartStops.net delay or non-delivery of the SmartStops.net Electronic Communications.
12.5.4. SmartStops.net relies on daily data feed, electronic mail facilities and web hosting by third party suppliers and therefore reserves the right to discontinue the service at any time without advanced notice for reasons beyond its control.
12.6. Neither SmartStops.net nor any affiliate, subsidiary, employee or associate may be held liable for any losses or loss of potential profits that may arise from securities trading. AccioNet cannot and does not assess, verify or guarantee the suitability or profitability of any particular investment. There is no guarantee past performance will be indicative of future results. No assurance can be given that the use of SmartStops.net calculations will be profitable or will not be subject to losses. All users of SmartStops.net should understand that the results listed through the Service are based on hypothetical trades. Plainly speaking, these trades were not actually executed, but a “back-test” performance was run to generate the results. These simulated analyses have certain inherent limitations. Unlike an actual performance record, simulated trades do not represent actual trading. While the results presented at this website are based upon certain assumptions believed to reflect actual trading conditions, these assumptions may not include all variables that will affect, or have in the past affected, the execution of trades indicated by SmartStops.net. The simulation assumes purchase and sale prices believed to be attainable. In actual trading, prices received may or may not be the same as the assumed order prices. SmartStops.net results were generated from a backtest of years 1997-2007. These results will not necessarily be indicative of results in future periods. No kind of warranty is made or implied herein.
12.7. Officers, Directors, Employees and Affiliates of SmartStops.net may have long or short positions in the securities discussed herein (and/or options and warrants relating thereto) and may hold, purchase and/or sell these securities or options at any time in the open market or otherwise.
13. GENERAL TERMS AND INDEMNITY
13.1. Any action relating to or arising out of this Agreement shall be governed by California law and controlling U.S. Federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction shall not apply.
13.2. Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that SmartStops.net may assign this Agreement to any other company.
13.3. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appeal able judgment that any provision of this Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable. The waiver of any breach or default shall not constitute a waiver of any other right in this Agreement or any subsequent breach or default. No waiver shall be effective unless in writing and signed by an authorized representative of the party to be bound. Failure to pursue, or delay in pursuing, any remedy for a breach shall not constitute a waiver of such breach.
13.4. The User agrees to indemnify, defend, and hold harmless SmartStops.net, and its respective officers, directors, employees, agents, successors, and assigns, from any damage, allegation, cost, loss, liability, or expense (including court costs and reasonable fees for attorneys or other professionals) arising out of or resulting from or in connection with any breach or claimed breach of the terms of this Agreement or warranties provided herein.
13.5. This Agreement is the parties’ entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.