Terms of Use
Trading stocks has a high level of risk. Stockscores Analytics Corp. will not be held responsible for the loss or gains of any person using the tools and content of the Tradescores website and its related products and services. Users should complete their own due diligence on any stock they intend to trade and should never risk capital that they can not afford to lose 100% of. The Tradescores indicators are for analytical purposes only and are not to be used to predict future price trends.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY STOCKSCORES ANALYTICS CORP. WEBSITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("AGREEMENT") BETWEEN YOU AND STOCKSCORES ANALYTICS CORP.. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
Website Terms of Use
You hereby acknowledge and agree as follows:
License Grant.
Stockscores Analytics Corp. ("Tradescores"), corporations organized and existing under the laws of the Province of Alberta, hereby grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Tradescores Website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this User Agreement (the "Agreement").
The Tradescores Website. The "Tradescores Website" includes, as applicable and without limitation:
- Tradescores' on-line computer system including all electronic databases and services accessed by or through Tradescores' on-line computer system, and individual items within those databases or services which may constitute independent works of authorship;
- all documentation, including user manuals, operations manuals and the like provided to you by or for Tradescores, for use in connection with the on-line computer system; and
- any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by Tradescores or obtained through Tradescores' on-line computer system (collectively referred to herein as "information").
Ownership, Use and Intellectual Property Rights.
The Tradescores Website is the valuable, exclusive property of Tradescores or its licensors, and nothing in this Agreement shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a license to use the Tradescores Website, as long as you comply with the terms of this Agreement or until Tradescores terminates this Agreement or your access rights. Ownership of the Tradescores Website, and any documentation or information, shall remain at all times with Tradescores or its licensors. The Tradescores Website is protected by contract law and intellectual property law, including domestic and international copyright law, and all intellectual property rights in the Tradescores Website belong to Tradescores or its licensors.
If Tradescores provides you with an access identification, you may not allow concurrent use of the Tradescores Website by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the Tradescores Website. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the Tradescores Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only, the information received or accessed through the Tradescores Website pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of Tradescores, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Tradescores Website, any part thereof, or any of the information received or accessed therefrom, to or through any other person or entity. All rights not granted to you herein are expressly reserved by Tradescores or its licensors. Tradescores and its licensors reserve all rights to enforce their copyright and intellectual property rights.
Delays in Services; Force Majeure.
Any delays in or failure of performance by Tradescores or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Tradescores' control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Tradescores shall have no responsibility to provide you access to the Tradescores Website while interruption of the Tradescores Website due to any such or similar cause shall continue.
Termination.
This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
- immediately by Tradescores for any unauthorized access or use by you, including, without limitation:
- concurrent access of the Tradescores Website by multiple users utilizing identical user identification numbers;
- permitting another person or entity to use your user identification number to access the Tradescores Website; or
- any other access or use of the Tradescores Website except as expressly provided in this Agreement.
- immediately by Tradescores if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;
- immediately by Tradescores if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, the Tradescores Website;
- immediately by Tradescores if you transmit or receive using the Tradescores Website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity. Tradescores, in its sole discretion, shall determine whether any information transmitted or received violates this provision;
- immediately by Tradescores if you violate any of the other terms and conditions of this Agreement; or
- immediately upon termination of your subscription to the Tradescores Website.
Termination or cancellation of this Agreement shall not affect any other right or relief to which Tradescores may be entitled, whether at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Tradescores. Regardless of the reason for cancellation or termination of this Agreement. On termination of this Agreement, as requested by Tradescores, you agree to erase and destroy any copies of the Tradescores Website you have made. You agree to certify to Tradescores your compliance with these requirements in writing upon Tradescores' request. All provisions in this Agreement, relating to proprietary rights, indemnification and limitation of liability shall survive termination of this Agreement.
Monitoring.
You acknowledge that Tradescores reserves the right to, and that Tradescores may from time to time choose to, monitor any and all information transmitted or received through the Tradescores Website. Tradescores, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which Tradescores deems inappropriate (such as that specified in subparagraph (d) of the Termination paragraph above,) or that Tradescores determines violates any term or condition of this Agreement.
Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary to access the Tradescores Website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall reimburse Tradescores for any such costs incurred by Tradescores due to use of the Tradescores Website by you; such reimbursement shall be billed to you and payable in accordance with your payment for access to the Tradescores Website. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the Tradescores Website. Tradescores reserves the right to refuse assistance or to charge additional fees if you seek assistance from Tradescores with respect to such basic background information or any other matters not directly relating to the operation of the Tradescores Website. Neither Tradescores nor its licensors shall have any responsibility to provide you with alternate access to the Tradescores Website if your access is interrupted due to a breakdown or failure of your equipment.
Warranty Disclaimer.
You acknowledge that the information provided through the Tradescores Website is compiled from sources, which are beyond the control of Tradescores. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, you acknowledge that inaccuracies may occur and Tradescores and its licensors do not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by Tradescores and its licensors for your personal information only, and is not intended for trading purposes. Information on this site is does not constitute advice (investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments or products. Neither Tradescores nor its licensors shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. Tradescores makes reasonable efforts to obtain reliable content from third parties, but Tradescores does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The Tradescores Website may point to other Internet sites that may be of interest to you, however, Tradescores does not endorse or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE Tradescores WEBSITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. Tradescores AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, Tradescores AND ITS LICENSORS DO NOT REPRESENT OR WARRANT (i) THAT THE Tradescores WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS, (ii) THAT THE ACCESS OR USE OF THE Tradescores WEBSITE WILL BE ERROR-FREE, OR (iii) THE ACCURACY OF ANY DATA OR INFORMATION YOU INPUT INTO OR PROCESS WITH THE Tradescores WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
Limitation of Liability; Disclaimer of Consequential Damages.
YOU AGREE THAT Tradescores AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Tradescores WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF Tradescores AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF Tradescores OR ITS LICENSORS BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF Tradescores OR ITS LICENSORS OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO THE LESSER OF TEN PERCENT (10%) OF THE SUMS PAID TO Tradescores BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, AS LIMITED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT Tradescores WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE Tradescores WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD Tradescores HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
IN NO EVENT SHALL Tradescores OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE Tradescores WEBSITE.
Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Tradescores AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE Tradescores WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE Tradescores WEBSITE.
Export Control.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from Canada of the Tradescores Website and access software or information about the Tradescores Website and access software that may be imposed from time to time by the government of Canada. You agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Tradescores Website and access software.
No Conflicting Terms.
If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to the Tradescores Website, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Tradescores.
Attorney's Fees.
If Tradescores takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, Tradescores shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney's fees and all costs of any litigation.
Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the Province of Alberta, excluding any rule or principle that would refer to and apply the substantive law of another province or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Tradescores Website contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the provincial or federal courts located in Calgary, Alberta, and you agree to submit to the exclusive personal jurisdiction of such courts.
Severability.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.
Changes.
Tradescores and its licensors reserve the right to make changes or modifications to the Tradescores Website and this Agreement. Display of notice of changes online at Tradescores' website where you access the Tradescores Website shall constitute effective notice under this Agreement on the day Tradescores places the changes on-line on its website, and your continued use of the Tradescores Website thereafter shall constitute your acceptance of such changes or modifications.
Trading Challenge Terms of Use
BY SELECTING THE "Yes I agree to the Terms and Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH STOCKSCORES ANALYTICS CORP OFFERS YOU ACCESS TO THE TRADING DESK STOCK MARKET CHALLENGE SERVICES.
By using www.tradescores.com, www.tradescores.com or any products, content or other services available on www.tradescores.com, (collectively, the"Service") you agree, without limitation, to be bound by these terms and conditions, as may be modified by Stockscores Analytics Corp ("Tradescores") in accordance with these terms and conditions. If you do not agree with these terms and conditions, you may not use the Service.
1. Participant Agreement
VOID WHERE PROHIBITED.
These Terms and Conditions govern the use of the Service, including all contests and challenges made available through the Service (together, the "Contests"). Anyone accessing the Service (a "Participant") agrees to abide by this Agreement and by the rules of any Contest or challenge (the "Rules") in which they participate. The Rules appear under the Rules page and are incorporated herein by reference.
Tradescores may modify these Terms and Conditions and the Rules at any time, and such modification shall be effective immediately upon posting on the Service. Your continued access or use of the Service after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Rules.
THIS SERVICE DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE SERVICE AND ITS CONTESTS ARE PART OF A STOCK MARKET SIMULATION. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE CONTESTS AND GAMES. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT AND RECREATIONAL PURPOSES ONLY.
2. General
The Contests are for entertainment purposes only. The Service is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of Tradescores. These terms and conditions are subject to changes by Tradescores without prior notice. Subject to the jurisdiction of the Regie des alcools, des courses et des jeux in Quebec (if applicable), Tradescores reserves the right to cancel any Contest at any time, without prior notice, for any reason. Data provided on this Service may be delayed as specified by financial exchanges information providers. Tradescores and its vendors believe their data and text services are reliable but accuracy is not warranted or guaranteed.
3. Eligibility
Tradescores’s Contests are open to all legal residents of Canada who are of the age of majority in their province or territory of residence or older, as of the date of entry into a Contest. The Contest is void wherever prohibited and subject to all federal, provincial and local laws. To determine your eligibility for a particular Contest, consult the Rules for that Contest.
PARTICIPATION IN A CONTEST FOR WHICH YOU ARE NOT ELIGIBLE WILL PLACE YOU IN BREACH OF THIS AGREEMENT AND THE APPLICABLE RULES AND RESULT IN THE FORFEITURE OF ANY PRIZE OR AWARD AND MAY SUBJECT YOU TO CIVIL AND POTENTIAL CRIMINAL LIABILITY.
4. Registration
Registration for the Contest is an online process. To register, click on the registration link. By registering to participate in a Contest, you agree that any and all information you supply in the registration process is current, truthful and complete. You also agree that you will be the only authorized user of the Service using your user name and password. You agree not to provide or make known your user name and password to any other person for the purpose of facilitating that person's access and unauthorized use of the Service.
5. License
The contents of the Tradescores Trading Challenge Service, including its "look and feel" (e.g. , text, graphics, images, logos and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected under United States, Canadian and foreign copyright, trademark and other laws. These contents belong or are licensed to Tradescores. We hereby grant you the right to view and use the Service subject to this Agreement. You may download or print a copy of the information Service contains for your personal, internal and non-commercial use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited without Tradescores's prior written consent.
6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Tradescores can terminate the privileges of any registrant who infringes the copyright of any legal person. Without limiting the foregoing, if you believe your work has been copied and posted on the Service in a way that constitutes copyright infringement, email tylerb@stockscores.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Service; your address; telephone number; email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. DISCLAIMER OF WARRANTIES.
THIS SERVICE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Tradescores EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tradescores MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
By entering the Contest, you agree to waive any right to claim any ambiguity or error in the Rules or the Contest itself and agree to be bound by this Agreement and by all decisions of Tradescores, which are binding and final. Failure to comply with the Rules may result in disqualification from this Contest. In the event of any unanticipated occurrence that was not fully addressed by the Rules, Tradescores may modify the Rules to address such occurrence. Any changes to the Rules will be posted on the Service. Tradescores conveys the information available on this Service without responsibility for accuracy and you agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. We hereby disclaim any warranty that the information on this Service will be free of interruption or that the Service is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Tradescores is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error, including but not limited to, the administration of a Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged.
All decisions by Tradescores in computing points, creating awards, conducting drawings or in conducting any and all other aspects of the Contest are made by Tradescores in its sole discretion and are final and not subject to appeals.
Tradescores AND ITS CO-SPONSORS SHALL BEAR NO LIABILITY WHATSOEVER IN CONNECTION WITH THE DESIGN, DEVELOPMENT OR ADMINISTRATION OF ANY CONTEST OR IN ANY OTHER RESPECT IN CONNECTION WITH YOUR INTERACTION WITH THE SERVICE OR PARTICIPATION IN ANY CONTEST.
8. Service Performance
Tradescores is not liable for any delay or failure of the Service or the Contest to perform. There is no guarantee that you will be able to access the Service whenever and wherever desired. There may be extended periods of time when you cannot access the Service for various reasons, many beyond our control. Heavy player traffic on the Service may affect your access to the Service. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the Service's operation or downtime. The Contest will not recognize the attempted trades the Service did not process.
9. No Investment Advice by Tradescores
Tradescores does not provide tax, legal, or investment advice, nor is it authorized to provide such advice. We do not endorse any opinions, recommendations or predictions regarding stock performances that are posted on or linked from the Service. Mention of a particular security on the Service does not constitute a recommendation by Tradescores to buy, sell or hold that or any other security, nor is it to be considered an offer or a solicitation of an offer to buy or sell any actual security. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition and liquidity needs. We accept no liability for any direct or consequential loss arising from any use of the information available on the Service.
In the event these terms are held not to be enforceable or are otherwise invalidated, the maximum liability of Tradescores, its subsidiaries, affiliates, employees, officers, directors, agents and co-Sponsors to any Participant shall be the amount of that Participant's entry fee, if any, in the applicable Contest.
10. Indemnification
You agree to indemnify, defend and hold harmless Tradescores and each of its co-Sponsors, each of their respective officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable lawyers' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the Service (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Service using your user name and password. Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest and/or the acceptance and/or use of any prize, and release Tradescores and all co-Sponsors, and each of their respective parents, subsidiaries, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively, the "Released Parties") from any such liability. The Released Parties assume no responsibility for any injury or damage to a Participant's or to any other person's computer relating to or resulting from this Contest. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Participant or any other individual to deliberately damage the Service or undermine the legitimate operation of the Contest or the Service is a violation of criminal and civil laws and should such an attempt be made, Tradescores reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
11. Stockscore’s Proprietary Right to Content
Winners of any phase of any Contest expressly allow Tradescores to publicize their names and prizes as it sees fit.
By entering in a Contest, you agree that Tradescores may disclose your first name, last name, and state these at any time during the course of, or after, the Contest, either on the Service, or through email notification, at the discretion of Tradescores, except where prohibited by law.
You hereby agree that any information transmitted to the Service in connection with the Contest is not confidential and acknowledge that you have no expectation of privacy with respect to such information, subject to the terms of the Service’s Privacy Policy. By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Contest. Tradescores reserves the right to post any and all of your stock picks. Contest Winners also agree to make available photographs and pertinent biographical information in a format acceptable to Tradescores for such publicity. Any information posted to or on any area of the Service, including simulated portfolios, are the exclusive property of Tradescores for use, reproduction or disclosure at Tradescores’s sole discretion.
12. Content Posted and Activities on the Service
You understand and agree that Tradescores may review and edit or delete any content, messages, photos or profiles (collectively, "Content") that, in the sole judgment of Tradescores, violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Contest Participant. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") on the Service or any material or information you transmit to other Participants. By posting Content on any public area of this Service, you automatically grant, as well as represent and warrant that you have the right to grant to Tradescores, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to Tradescores and that Tradescores has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the type of Content and activities that are illegal or prohibited on the Service. Tradescores reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the registration of each violator. Prohibited Content and activities include, but are not limited to:
- Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Activity that harasses or advocates harassment of another person
- Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
- Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Service, including sports picks information.
- Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
- Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- Modifying, adapting, translating, or reverse engineering any portion of the Service.
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Service.
- Using any robot, spider, Service search/retrieval application, or other device to retrieve or index any portion of the Service.
- Reformatting or framing any portion of the web pages that are part of the Service.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Submitting materials that falsely express or imply that such materials are sponsored or endorsed by Tradescores.
- Submitting materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Submitting materials that are unlawful or promote or encourage illegal activity.
You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Service. Although Tradescores cannot monitor the conduct of its Participants off the Service, it is also a violation of these rules to use any information obtained from the service to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any Participant without their prior explicit consent. In order to protect our Participants from such advertising or solicitation, Tradescores reserves the right to restrict the number of emails which a Participant may send to other Participants in any 24-hour period to a number which Tradescores deems appropriate in its sole discretion.
The Service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Service for any purpose.
You may not use the Service for any illegal or unauthorized purpose. Users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Service.
We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms and Conditions.
13. Proprietary Rights to Third Party Content
By submitting, posting or displaying any materials, including but not limited to commentary, blogs and opinion, on or through the Service, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
14. Privacy
Except as noted in Paragraph 14 (Termination of Registration), of this Agreement, our use and disclosure of your personal information is governed by our Privacy Statement, which is hereby incorporated by reference into this Agreement.
15. Termination of Registration
Tradescores reserves the right to prevent access by any Participant who acts irresponsibly or inappropriately in playing the Contest or in participating on Service blogs or discussion forums. Although all trading in the Contest is fictional, Participants must only engage in trading activity that fully complies with all federal, state and/or provincial securities laws (including, without limitation, a prohibition against insider trading), as if you were trading actual stocks. Tradescores reserves the right to terminate Contest participation by any Participants suspected of cheating, attempting to exploit the Contest or other inappropriate behavior. We, at our sole discretion, may terminate or suspend your participation in a Contest for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of a Contest, in whole or in part, without liability to any Participant in that Contest. Such activity also may be referred to appropriate law enforcement authorities. During the Contest(s), strict rules regarding player behavior will be enforced. These may include penalties, up to and including disqualification, for foul language, abuse of players or any other person, or any other behavior that Tradescores, in its sole judgment, believes to be detrimental to its conduct of the Contest(s). If you are penalized or disqualified from the Contest(s) as a result of any rules infraction all prizes will be forfeited.
16. Electronic Communications
By registering for the Challenge, you agree to receive Challenge updates in the form of emails throughout the term of the Challenge (both as defined in the Rules). By registering with us, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our Service. We also reserve the right to effect delivery of notices or disclosures by posting to our Service with no email transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive email messages, all you need is a valid email address, access to the internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator. If, at any time, you wish to withdraw your consent to the receipt of electronic communications, you must notify us at tylerb@stockscores.com. We will regard such withdrawal as a termination of your registration with us and of your participation in any then-current or future Contest. You may request paper copies of any electronic notice or disclosure we provide; however, we reserve the right to refuse or to assess a service charge to respond such a request, at our sole discretion and to the extent permitted by applicable law. If, at any time, you would like to change the email address you have provided, you must notify us via email at tylerb@stockscores.com.
17. Assignability
You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.
18. Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.
19. Links
While Tradescores welcomes links to our Service from other services, we, in no way, operate, control or endorse linking services and reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Service, you must link to our home page at www.tradescores.com.
20. No Third-Party Beneficiaries
A person who is not a party to this Agreement has no rights under this Agreement.
21. Governing Law
This Agreement shall be governed by the laws of British Columbia, without regard to the conflict or choice-of-law principles thereof, and the provincial and federal courts located in British Columbia shall have exclusive jurisdiction over all disputes. If required to give legal effect to this Agreement, or in any event at Tradescores’s sole election, any such dispute may be submitted to binding arbitration, with a single arbitrator appointed. The seat of arbitration and the place of arbitration shall be in Kelowna, British Columbia with the arbitration proceedings conducted in English, except in the event of a claim for less than $1,000, such arbitration may be conducted telephonically at either party's election.
22. No Class Action
YOU ARE GIVING UP ANY RIGHT YOU MIGHT HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS OR GROUP LITIGATION OR PROCEEDING AGAINST US.
You understand that, in return for your agreement to this paragraph, Tradescores is able to offer the Challenges at the terms set out herein, and that your assent to this section is an indispensable consideration to this Agreement.
23. Emails & Correspondences
By joining www.tradescores.com, you acknowledge and agree that Tradescores will send member emails relating to their member account, transactions and Tradescores promotions. You can opt out of your subscription to www.tradescores.com e-mail services at any time by clicking on the unsubscribe link in any of our email communications.