Thank you for using the monksandbots.com website and its associated content ("Website"), which is owned, operated, or licensed by Monks & Bots Ltd. ("Monks & Bots"). Monks & Bots provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement ("Agreement").
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND YOU HAVE A DUTY TO READ THIS AGREEMENT.
By using the Website, you agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you must discontinue your use of the Website immediately. Monks & Bots reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time, without notice, and within its sole and absolute discretion. If Monks & Bots replaces, modifies, or amends this Agreement, the Last Updated date, located above, will change. Your continued use of the Website after a change in its Last Updated date will constitute your manifestation of assent to the replacement, modification, or amendment.
YOU UNDERSTAND AND AGREE THAT STOCKVIEWS PROVIDES THE WEBSITE AS A SERVICE AND CANNOT BE HELD RESPONSIBLE FOR YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT NOTHING ON THE WEBSITE SHOULD BE CONSIDERED OR CONSTRUED AS ADVICE OR A RECOMMENDATION. YOU AGREE THAT STOCKVIEWS IS NOT AN INVESTMENT ADVISOR AND THAT, PRIOR TO MAKING ANY INVESTMENT DECISION OR RELYING ON THE COMMENTS OR ADVICE OF USERS OF STOCKVIEWS, YOU WILL EITHER CONSULT WITH AN INVESTMENT ADVISOR CERTIFIED UNDER THE LAWS OF YOUR NATION, STATE, PROVINCE, TERRITORY, OR CITY OR PERFORM YOUR OWN INDEPENDENT RESEARCH. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS.
You understand and agree that the Website contains information, including stock price information, that is provided by BarChart and that this information may be delayed according to the rules of each exchange.
1. User Warranties
Through your use of the Website, you warrant that you are either above the age of majority in your nation, state, province, territory, or city or the age of eighteen (18), whichever is greater. You warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement. If you are using the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity and third party and have the right and ability to agree on the terms of this Agreement on behalf of that third party or business entity.
2. Limited License
The Website, including all intellectual property, personal, and proprietary rights, is the property of Monks & Bots. Your use of the Website is limited by the license granted under this Agreement, and Monks & Bots reserves all rights not expressly licensed under this Agreement. You agree that you will not use the Website in any manner not explicitly authorized by this Agreement.
Monks & Bots provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
You agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Monks & Bots, including but not limited to STOCKVIEWS, are common law or registered trademarks, trade names, design marks, or logos owned by or licensed to Monks & Bots. You are expressly prohibited from using the trademarks, trade names, design marks, or logos of Monks & Bots to cause confusion, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are also expressly prohibited from using the trademarks, trade names, design marks, or logos of Monks & Bots in domain names, in meta tags, as a keyword to trigger display or text advertisements, and in display or text advertisements. All other trademarks, trade names, design marks, or logos displayed on the Website are the property of their respective owners.
4. User Accounts
Monks & Bots may provide you with the ability to create a user account, which may provide you with access to additional areas of the Website that are not accessible to non-members ("User Account"). You understand and agree that you are solely responsible for access to your User Account and you are expressly prohibited from providing third parties with access to your User Account. In registering a User Account, you agree that you will provide Monks & Bots with information that is accurate, current, and complete. You have an ongoing duty to update the information associated with your User Account if and when it changes. You have a duty to immediately notify Monks & Bots if your User Account is accessed without your authorization.
Monks & Bots may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website, including, but not limited to, text, comments, posts, profile information, stock preferences, stock information, photographs, images, videos, and audio files (collectively "User Generated Content"). You warrant that your User Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Website, you grant Monks & Bots a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website. The customary and intended purposes of the Website may include, but are not limited to, displaying the Website's content to you or to third parties, providing the Website's services to you or to third parties, and archiving or making backup copies of the Website. By submitting User Generated Content to the Website, you waive all moral rights or rights of publicity or privacy with respect to the User Generated Content submitted to the Website. When posting User Generated Content to the Website, you warrant that your User Generated Content will be accurate, truthful, non-deceptive, and complete.
When commenting on the Website, Monks & Bots requires you to state your personal opinion on whether a stock should be bought, sold, or held ("Stock Opinion"). You understand that, when you provide your Stock Opinion to the Website, the Website will analyze your Stock Opinions, measure the performance of your Stock Opinions, and display a grade associated with the measure of the performance of your Stock Opinions. You agree that, when commenting about a company that you have an ownership or other interest in, you will truthfully and accurately disclose in your comments that you own stock in or have an interest in that company.
Monks & Bots reserves the right to suspend or terminate your User Account without notice, at any time, and in its sole and absolute discretion.
5. Acceptable Use Policy
In using the Website, you agree to Monks & Bots acceptable use policy. You are expressly prohibited from using the Website (i) outside of the terms or conditions of this Agreement, (ii) to violate any applicable law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, or (iii) to violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. Additionally, you are prohibited from:
a. Posting or transmitting any content that is harassing, abusive, obscene, offensive, sexually explicit, pornographic, vulgar, invasive, or defamatory;
b. Impersonating any person or business or your employment at any business;
c. Scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website;
d. Transmitting unsolicited commercial emails to third parties or users of the Website;
e. Obtaining or mining the personal data of third parties or users of the Website;
f. Posting or transmitting advertising materials, promotional materials, or other solicitations;
g. Using the Website to transmit racist content or hate speech;
h. Offering to buy or sell any security; and
i. Providing advice, making recommendations, or furnishing analyses on securities for compensation.
6. Third Party Links and Content
You understand that the Website may contains links to third party websites or third content that is not owned, controlled, or created by Monks & Bots. Monks & Bots specifically disclaims liability or responsibility for any websites or content that is not owned, controlled, or created by Monks & Bots and that may be accessible through the Website.
7. Term and Termination
The term of this Agreement will begin upon the date that you first access the Website and will continue until Monks & Bots either terminates your access to the Website or you cease using the Website and terminate your User Account. Monks & Bots reserves the right to terminate the Website or your access to the Website without notice and in its sole and absolute discretion.
8. Section 230 Compliance
You understand that the Website constitutes an interactive computer service as that term is defined under Section 230 of the Communications Decency Act. Monks & Bots will not be held liable for any content submitted to the Website by third parties, regardless of whether it chooses to remove or edit that content.
9. Calculation of Third Party Analyst Opinions
You understand that Monks & Bots may provide you with its opinion of the performance of third party analysis ("Analyst Opinions") on the Website. These Analyst Opinions are calculated and displayed by Monks & Bots' proprietary algorithm. You understand and agree that Analyst Opinions constitute the opinion of Monks & Bots and are not statements of fact that should be relied upon as investment advice. You are advised to perform your own independent research into all third party analysts and to form your own opinion of the performance of their recommendations.
10. Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE WEBSITE IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT STOCKVIEWS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT STOCKVIEWS LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.
YOU AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND STOCKVIEWS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, JUDGMENTS, CAUSES, FEES, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMTITED TO, YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW, STATUTE, REGULATION, OR ORDINANCE, WHETHER LOCAL, STATE, PROVINCIAL, NATIONAL, OR INTERNATIONAL, OR YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. YOUR OBLIGATION TO DEFEND STOCKVIEWS UNDER THIS AGREEMENT WILL NOT PROVIDE YOU WITH THE RIGHT TO CONTROL STOCKVIEWS DEFENSE. STOCKVIEWS RESERVES THE RIGHT TO CONTROL ITS DEFENSE, INCLUDING, BUT NOT LIMITED TO, STOCKVIEWS CHOICE OF COUNSEL AND THE CHOICE TO SETTLE OR LITIGATE A CLAIM.
12. Resolution of Disputes
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING THE INTERPRETATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE, WILL BE SETTLED BY FINAL AND BINDING INTERNET ARBITRATION AT JUDGE.ME AND IN ACCORDANCE WITH THE JUDGE.ME ARBITRATION AGREEMENT. THE ARBITRATOR'S DECISION WILL BE FINAL AND LEGALLY BINDING AND JUDGMENT MAY BE ENTERED THEREON. YOU HEREBY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE ARBITRATOR.
13. Force Majeure
Monks & Bots will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Monks & Bots control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. Monks & Bots reserves the right to assign its rights and duties under the Agreement, including in a sale of Monks & Bots or its Website.