StockMarketEye

Portfolio Management Software

StockMarketEye Terms of Use Agreement

Thank you for visiting https://www.stockmarketeye.com/. The STOCKMARKETEYE website and its associated services (collectively, the “Website”) are provided by Generous Industries, LLC, a California Limited Liability Corporation (“SME”). By accessing or using the SME Website, however accessed, you manifest your intent and agree to be bound by this Terms of Use Agreement (“Agreement”).

If you download and/or purchase Services from the SME Website including, but not limited to, the StockMarketEye software and/or mobile application, you agree to be bound by the terms of that Service’s End-User License Agreement.

This Agreement and the terms contained within are subject to change by SME at any time, in its sole and absolute discretion, and without notice, but any change to these terms will not apply retroactively. You are under a duty to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.

SME hereby incorporates its Privacy Policy as if fully restated herein. You must review SME’s Privacy Policy to understand what personal and personally identifiable information that SME may collect from you when you use the Website and how SME may use that personal or personally identifiable information.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND SME WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

  1. User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
  • Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by SME, including, but not limited to, the STOCKMARKETEYE trademark. Any use of the Website, its associated trademarks, or its content without the prior written approval of SME is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of SME, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.
  • Acceptable Use Policy. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by SME for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
  1. Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by SME through a separate, written agreement (this restriction does not apply to search engines that comply with SME’s robots.txt file);
    1. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with SME’s robots.txt file);
    1. Circumventing the technological protection measures of the Website;
    1. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
    1. Disrupting or otherwise interfering with the Website or its associated servers or networks;
    1. Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
    1. Diverting or attempting to divert customers of the Website to another website or service;
    1. Sending unsolicited or unauthorized communications to users of the Website or third parties;
    1. Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
    1. Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
    1. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

SME reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. SME also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

  • No Professional Advice. SME is not a financial institution, exchange, money services business, or creditor. SME is not an “investment adviser” as defined in the federal Investment Advisers Act of 1940. SME is not or a “broker” or a “dealer” as those terms are defined under the federal Securities Exchange Act of 1934. SME is not a financial planning advisory service of any kind. SME provides a desktop and mobile application that allows users of said application to control and analyze their own financial information and positions with or without the assistance of third-party financial advisors. SME does not provide users with tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing found within, provided by, or related to the application and associated services or the SME Website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any purchase decision, security, insurance policy, or investment strategy. Nothing provided by SME within its application and associated services or the SME Website should be used as a substitute for the individually tailored advice that can be provided by a licensed professional. You agree to be solely responsible for your use of the application and associated services and the SME Website and any information available therein.
  • Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that SME does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that SME will not be responsible for websites not under the ownership or control of SME.
  • Term and Termination. The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) SME terminates your access to the Website; or (ii) you cease using the Website. SME reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
  • Disclaimer of Warranties and Limitation of Liability.
  1. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT SME 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 SME’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $500, WHICHEVER IS LESS.
  • SME EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE. PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
  • SME WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, ILLNESS, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
  • Indemnification. You agree to indemnify, defend, and hold harmless SME, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products or services through the Website; (iii) your use or misuse of products or services obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend SME will not provide you with the ability to control SME’s defense, and SME reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
  • Choice of Law and Stipulation to Jurisdiction.
  1. You and SME agree that any dispute arising out of or related to this Agreement or your use of the Website will be governed by the laws of the State of Nevada, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and SME agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Las Vegas, Nevada or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
  • This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND SME EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
  • Any claims must be brought within one year of accrual or will otherwise be barred.
  1. Force Majeure. SME will not be responsible for any delay or failure in performance of the Website or its associated products or services arising out of any cause beyond SME’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
  1. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website including, but not limited to, your duty to indemnify and defend SME.
  1. Interpretation. 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.
  1. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. SME reserves the right to assign its rights and duties under this Agreement, including in a sale of SME or its Website.
  1. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties other than conflicting terms found in the SME End-User License Agreement, where applicable.
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