The Stock Butler Terms of Service
(updated June 2014)
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
By using Stock Butler, you are agreeing to be bound by the following terms of Service
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.
- You may only maintain a single account;
- You may never share your account user name or password or knowingly provide or authorize
access to your account;
- When creating your account, you must provide accurate and complete information;
- You are solely responsible for the activity that occurs on your account, and you
must keep your account password secure;
- You must notify us immediately of any breach of security or unauthorized use of
- You cannot subscribe to the 30 day free trial multiple times using different email
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card or PayPal account is required for paying accounts, once the
free trial period has ended.
- To benefit from the 30 day free trial you are not required to provide payment information.
- 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.
- 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.
- 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
- Stock Butler reserves the right to modify, suspend, or discontinue the Service at
any time for any reason with or without notice.
- 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
- 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.
- Stock Butler will endeavor to keep your content upon cancellation, but is under
no obligation to do so.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- The Service provided by Stock Butler is not intended to provide legal or investment
- 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.
- 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.
- You bear responsibility for your own investment research and decisions.
- 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.
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
- 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
- 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
- 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.
- 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
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.
- 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.
- 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.
- 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
- 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
- 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.
- 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
- 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.
- 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.
- The United Nations Convention on Contracts for the International Sale of Goods does
not apply to these Terms of Service.
- 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.
- 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.
- 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.
- Questions regarding the Terms of Service should be sent to firstname.lastname@example.org
- 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.