3. Important Legal Information Regarding Privacy
4. Web site Access
B. In order to access many features of the Web site, you will have to create a registered purchaser account in accord with the Purchaser Account Agreement. You may never use another member’s account or share your account with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account. You must notify Stockn’Go immediately of any breach of security or unauthorized use of your account by contacting us at email@example.com.
C. You agree that you will not use the Web site and the services and features offered through the Web site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes; (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets; (iv) to solicit personally identifiable information for commercial or unlawful purposes; (v) to advertise to, solicit, or sell to any person without their prior explicit consent; or (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations. In order to protect third parties and other users from such prohibited conduct, Stockn’Go reserves the right to delete or restrict, in its sole discretion, communications which a user may submit to, or send through, the Web site.
D. With the exception of applications commonly known as web browser software, or other applications formally approved by Stockn’Go in writing, you agree not to use any software, program, application or any other device to access or log on to Stockn’Go's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Stockn’Go's computer systems, web site or proprietary software. Stockn’Go is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Web site in particular.
E. You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
F. Much of the information on the Web site is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Web site without our prior written permission, or that of the appropriate third party.
5. Intellectual Property Rights
The content on the Web site (“Web site Content”) is owned by or licensed to Stockn’Go, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Stockn’Go, Inc. is the owner of the trademark STOCKN’GO™ and such mark may not be used in connection with any product or service in any manner without Stockn’Go’s prior written consent. You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stockn’Go without express written consent. You may not use Stockn’Go's name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Stockn’Go or the Web site in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of Stockn’Go. The Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. Stockn’Go reserves all rights not expressly granted in and to the Web site and the Web site Content. You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.
6. Information and Product Descriptions
A. The Web site may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through the Web site, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Stockn’Go, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Stockn’Go, nor the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Web site. You understand that no Information available through the Web site constitutes a recommendation or solicitation to take or not take any particular action.
B. Stockn’Go seeks to provide accurate information about the products sold on the Web site as a service to you. However, there may be errors in descriptions or other product information or typographical errors on our Web site. Stockn’Go does not warrant that such information or product descriptions on the Web site are accurate, complete, reliable, current, or error-free. In addition, we are not associated or affiliated with the original product manufacturer and we may not be a licensed retailer of the manufacturer's product and such products sold by us may not be covered by the manufacturer's warranties or eligible for any manufacturer's rebate.
C. We may sell products that are subject to regulation as over-the counter drug products, homeopathic products, dietary and herbal supplements or similar products. The information may not contain or include all information that is applicable for your needs. We make no warranty about the completeness, accuracy or reliability of the product information and we cannot and do not provide medical advice or recommendations about any product or its usage or any medical conditions. The content of our Web site is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. You must consult your health care professional before making any purchasing decisions. Be sure to carefully read and follow all product label information and the recommendations of your health care provider before using any over-the counter drug product, homeopathic product, dietary or herbal supplement or similar products.
7. User Submissions
C. If you do make User Submissions, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Stockn’Go and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Stockn’Go and its sub-licensees the right to use any user name that you submit in connection with such content, if they so choose. Without limiting any of the foregoing, Stockn’Go is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Stockn’Go for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that Stockn’Go is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stockn’Go with respect thereto.
8. Other Businesses and Links
The Web site may provide a link to other services or sites as part of the Web site. Such sites are not under the control of Stockn’Go, and Stockn’Go makes no representations or warranties whatsoever of the offerings of, any of these Web site, businesses or individuals or the content of their Web site. Unless we expressly state otherwise, the fact that Stockn’Go has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy policies and other conditions of use. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray stockngo.com, Stockn’Go, or its services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Stockn’Go logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to any of the Web site in any way that suggests that Stockn’Go has any relationship or affiliation with your site, or that Stockn’Go endorses, sponsors or recommends the information, products or services on your site.
9. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. THE WEB SITE, THE WEB SITE CONTENT, USER SUBMISSIONS AND ANY SERVICES MADE AVAILABLE ON THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STOCKN’GO DOES NOT MAKE AND DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE WEB SITE, THE WEB SITE CONTENT, ANY PRODUCTS OFFERED FOR SALE OR SOLD ON THIS WEB SITE, USER SUBMISSIONS OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, STOCKN’GO DOES NOT REPRESENT OR WARRANT THAT: (I) THE WEB SITE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE; (II) DEFECTS IN THE WEB SITE WILL BE CORRECTED; OR (III) THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STOCKN’GO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY INSTITUTION OR THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE.
10. Limitation of Liability.
In no event shall Stockn’Go, its officers, directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Web site and/or any other third-party web sites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Web site or any third-party web site; or (iii) any of your transactions with third parties or other users. The limitations on Stockn’Go’s liability to you above shall apply whether or not Stockn’Go has been advised of the possibility of such losses or damages arising. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Stockn’Go shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
12. Modifications to the Web site
Stockn’Go reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Web site with or without notice. You agree that Stockn’Go will not be liable to you or to any third party for any such modification, suspension or discontinuance.
14. Governing Law, Venue
15. Invalidity; Waiver
17. Questions; Comments
If you have any questions or comments on this Web site or become aware of misuse of the Web site by any person, please contact us at firstname.lastname@example.org or at the following address: Stockn’Go, LLC, Attn: User Comments, 85 Fifth Avenue, 12th Floor, New York, NY 10003.
18. Effective Date