THE STOCK BUTLER™

The Stock Butler Terms of Service

(updated June 2014)

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE

The Stock Butler Inc. ("Stock Butler" "we," or "us") provides its web site, The Stock Butler, located at http://stockbutler.com/ (the "Site" or “Services”), to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein.

Agreement

By using Stock Butler, you are agreeing to be bound by the following terms of Service ("Terms of Service") and our privacy policy (“Privacy Policy”). Stock Butler reserves the right to update and change the Terms of Service from time to time without notice. Any new features that improve the current Service, including the addition of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Account Terms

  1. You may only maintain a single account;
  2. You may never share your account user name or password or knowingly provide or authorize access to your account;
  3. When creating your account, you must provide accurate and complete information;
  4. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
  5. You must notify us immediately of any breach of security or unauthorized use of your account;
  6. You cannot subscribe to the 30 day free trial multiple times using different email addresses.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card or PayPal account is required for paying accounts, once the free trial period has ended.
  2. To benefit from the 30 day free trial you are not required to provide payment information.
  3. If you initially sign up for a free trial and you do not cancel that account within 30 days, you will be sent an e-mail allowing you to begin paying for your subscription. If you choose not to pay once your trial has expired, your account will be suspended until payment is received. If you enter your payment information before the 30-day trial has ended, your subscription will start only after the end of the free trial.
  4. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months or years of service, or refunds for months unused with an open account.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Modifications to the Service and Fees

  1. Stock Butler reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
  2. Stock Butler reserves the right to change our monthly fees and annual fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the Stock Butler website.

Cancellation and Termination

  1. You alone are responsible for the proper cancellation of your account. You may cancel your account from the "Profile Management" page after logging into your account. If you are paying by PayPal, you are also responsible for canceling your PayPal subscription to Stock Butler to prevent them from sending further payments.
  2. Stock Butler will endeavor to keep your content upon cancellation, but is under no obligation to do so.
  3. If you cancel the Service before the end of your current paid up term, your cancellation will take effect at the end of the paid up term.
  4. Stock Butler, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Stock Butler reserves the right to refuse service to anyone for any reason at any time.

Securities Disclaimer

  1. You understand that the Service provided by Stock Butler does not constitute a recommendation that any particular security, portfolio, transaction or investment strategy is suitable for any specific person.
  2. You understand that Stock Butler and its Service is not advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio, transaction, investment strategy or other matter.
  3. You understand that an investment in any security is subject to a number of risks and that the Service does not evaluate the risks associated with a particular security.
  4. You understand that the data used by Stock Butler to make calculations used to provide the Service is supplied by sources believed to be reliable but that Stock Butler cannot guarantee its accuracy.
  5. You understand that each person’s situation is unique and that the impersonal Service provided by Stock Butler should not be relied upon to make investment decisions.

Investment or Professional Advice

  1. The Service provided by Stock Butler is not intended to provide legal or investment advice.
  2. The Service is: a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by Stock Butler.
  3. You should apply your own judgment in making use of the Service, including, without limitation, the use of any information contained therein as the basis for any conclusions.
  4. You bear responsibility for your own investment research and decisions.
  5. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. THE STOCK BUTLER DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.

User Conduct

In connection with your use of the Site and its Services, you agree not to:

  • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • "Frame" or "mirror" any part of the Site without our prior written authorization;
  • Use any robot, spider, or process to download, retrieve, index, "data mine", "scrape" or in any way reproduce the Site or its contents;
  • Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Site;
  • Transmit any Content which contains software viruses, or other harmful computer code, files or programs.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction including but not limited to the rules and regulations of the U.S. Securities and Exchange Commission or any other securities exchange.

Copyright, Linking Policy and Trademarks

  1. The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, user generated content, third-party Apps, and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein are the property of Stock Butler and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. The Stock Butler reserves all rights not expressly granted in and to the Site.
  2. The Site contains links to other Internet websites or links to Content created by third parties which is published on the Site. We neither control nor endorse such other websites or Content, nor have we reviewed or approved any Content that appears on such other websites or on our Site. Please read the terms of use and privacy policy of any such third party sites that you interact with before you engage in any activity. You are solely responsible and liable for your use of and linking to all third party sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our Site or any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Similarly, while we do endeavor to facilitate the provision of quality Apps, we are not responsible for any loss or damages caused or alleged to have been caused by their use.
  3. If you are interested in reprinting, republishing or distributing content from The Stock Butler, please contact The Stock Butler to obtain written consent. The Stock Butler™ is a trademark and/or service mark of The Stock Butler. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

Warranties

  1. THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STOCK BUTLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
  2. STOCK BUTLER AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF STOCK BUTLER OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

Limitation of Liability

  1. NEITHER STOCK BUTLER NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH STOCK BUTLER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO STOCK BUTLER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM

Indemnification

  1. To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Stock Butler, its affiliates, and licensors and each of their respective directors, officers, employees, contractors, and agents from and against any claim, liability, cost, damage or loss (including without limitation, legal fees) arising out of or related to your breach of these Terms of Service or any third party claims relating to your use of the Services.

Copyright Complaints

  1. The Stock Butler respects the intellectual property of others, and we ask our users to do the same. The Stock Butler may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, please notify us by providing the following information:
    • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
    • Once notice is given to us, we will investigate the matter and if appropriate expeditiously remove, or disable access to, the material.

Miscellaneous Terms

  1. These Terms of Service are governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You agree and hereby submit to the jurisdiction of the Federal Court of Canada and/or the courts of the Province of Quebec in the judicial district of Montreal with respect to such matters.
  2. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.
  3. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  4. These Terms of Service constitute the entire agreement between you and Stock Butler regarding the use of the Services we provide and make available to you.
  5. The failure of Stock Butler to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  6. Questions regarding the Terms of Service should be sent to support@stockbutler.com
  7. The parties have required that these terms be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.



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