TERMS AND CONDITIONS
BY SELECTING THE "Yes I agree to the Terms and Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY, THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH WALL STREET SURVIVOR OFFERS YOU ACCESS TO AND USE OF THE WALL STREET SURVIVOR WEBSITE AND SERVICES.
1. Participant Agreement
VOID WHERE PROHIBITED.
This Participant Agreement ("Agreement") governs the use of the Wall Street Survivor Inc. ("Wall Street Survivor," "we," or "us") website, courses and contests made available through the site (collectively, the "site"). Anyone accessing the site agrees to abide by this Agreement and by the Rules of any contest in which they participate (a “Contest”). Those Rules appear under Rules page and are incorporated herein by reference.
Wall Street Survivor may make modifications, deletions and/or additions to this Agreement or the Rules (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Wall Street Survivor provides notice of the Changes, whether such notice is provided through the site user interface, is sent to the email address associated with your account (if applicable) or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Please note that the last update was performed on October 5, 2015. If the modified terms are not acceptable, please do not access or use the site.
THIS SITE DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE SITE AND ITS CONTESTS ARE PART OF A STOCK MARKET SIMULATION. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE CONTESTS. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT AND RECREATIONAL PURPOSES ONLY.
The Contests are for entertainment purposes only. The site 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 Wall Street Survivor. Wall Street Survivor reserves the right to cancel the Contests at any time, without prior notice, for any reason. Data provided on this site may be delayed as specified by financial exchanges information providers. Wall Street Survivor and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed, and is provided on an “as-is, where-is” basis.
Wall Street Survivor's free Contests are open to all legal residents of the United States and Canada(excluding residents of the province of Quebec), who are at least 18 years old or the age of majority in their state or province of residence, if such age of majority is greater than 18, as of the date of entry into this Agreement. Employees of Wall Street Survivor, and its subsidiaries, or any sponsors of the Contest, their respective advertising and promotion agencies, their parent, subsidiary and affiliated companies, as well as members of their immediate families and households (including children, spouses and siblings and/or persons living in the same households as such persons, whether related or not) are not eligible for participation. The Contest is void wherever prohibited and subject to all federal, state, provincial and local laws and may be restricted to certain states or provinces. 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 EARNED AND SUBJECT YOU TO CIVIL AND POTENTIAL CRIMINAL LIABILITY.
Notwithstanding the provision of Wall Street Survivor’s Terms and Conditions which indicates that no person under 18 years of age (or the age of majority, if greater) may participate in a Contest, the user and Wall Street Survivor agree that the user, who is a high school student and under the age of 18, may participate in a Contest, but on the condition that no prizes whatsoever will be awarded for the participation in, or the winning of, such Contest. Both the user and his/her teacher acknowledge that they are aware of such participation in a Contest, that they waive the right to receive any prizes for such Contests, and that they shall otherwise abide by Wall Street Survivor’s Terms and Conditions. Wall Street Survivor shall have no liability whatsoever for making available a Contest without prizes to such users.
Registration for a Contest or a course (a “Course”) is an online process. To register, click on the Registration page. By registering to participate in a Wall Street Survivor Contest or a Course, you agree that any and all information you supply in the registration process is current, truthful and complete. You also agree that you, the Participant, will be the only authorized user of the site 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 site.
Through the site, you may also register for the following, which shall be subject to the foregoing paragraph:
- An annual subscription, which will give you full access to all of the Courses currently accessible through the site, as well as all additional Courses that may become accessible through the site, if any, for a period of one (1) year from the date of registration, for the amount set forth on the site (“Annual Subscription”); or
- A monthly subscription, which will give you full access to all of the Courses currently accessible through the site, as well as all additional Courses that may become accessible through the site, if any, for a period of one (1) month from the date of registration, for the amount set forth on the site (“Monthly Subscription”).
With respect to an Annual Subscription or a Monthly Subscription, once you receive confirmation that your registration has been processed and your payment relating thereto has been accepted, you may not terminate the subscription, and it shall continue for the relevant period (be it annual or monthly). In this regard, notwithstanding any other provisions herein, your payment for a subscription shall be non-refundable for any and all reasons, and you do hereby expressly agree that you shall not demand a refund of such payment under any circumstances (including but not limited to your lack of use of the subscription, or your not being satisfied with the subscription).
For questions regarding this Agreement or the Rules for any Contest, contact Customer Support at firstname.lastname@example.org
The contents of the Wall Street Survivor site, 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. The Contents and Courses belong or are licensed to Wall Street Survivor. We hereby grant you the right to view and use the site subject to this Agreement. You may download or print a copy of the information the site 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 Wall Street Survivor'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. Wall Street Survivor 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 site in a way that constitutes copyright infringement, email@example.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 site; 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.
DISCLAIMER: THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS-IS, WHERE-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We make no guarantee that the information on this site is up to date, accurate, or complete and you should not rely on it for any decision or to take any action. 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 these Rules and by all decisions of Wall Street Survivor, which are binding and final. Failure to comply with these rules may result in disqualification from this Contest. In the event of any unanticipated occurrence that was not fully addressed by the Rules, Wall Street Survivor may modify the Rules to address such occurrence. Any changes to the Rules will be posted on the site. Wall Street Survivor conveys the information available on this site without responsibility for accuracy and Participants 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 site will be free of interruption or that the site is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Wall Street Survivor 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 this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged.
CONTEST DISCLAIMER: All decisions by Wall Street Survivor in computing points, creating awards, conducting drawings or in conducting any and all other aspects of a Wall Street Survivor Contest are made by Wall Street Survivor in its sole discretion and are final and not subject to appeals.
7. Site Performance
Wall Street Survivor is not liable for any delay or failure of the site or the Contest or a Course to perform. There is no guarantee that Participants will be able to access the site whenever and wherever desired. There may be extended periods of time when you cannot access the site for various reasons, many beyond our control. Heavy player traffic on the site may affect your access to the site. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the site's operation or downtime. The Contest will not recognize the attempted trades the site did not process.
8. No Investment Advice by Wall Street Survivor
Wall Street Survivor is not an investment advisory service, nor is it a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities customers should buy or sell for themselves. The analysts, employees, and/or affiliates of Wall Street Survivor may hold positions in the stocks or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Wall Street Survivor, the authors, the publisher, and all affiliates of Wall Street Survivor assume no responsibility or liability for your trading and investment results. Factual statements on the site, or in its Wall Street Survivor publications, are made as of the date stated and are subject to change without notice.
It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Wall Street Survivor` are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Wall Street Survivor's products (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on the site are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
Wall Street Survivor names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Wall Street Survivor.
9. Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Wall Street Survivor, its shareholders, licensors, assigns, officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the site (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 site using your user name and password. Winners 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 Wall Street Survivor and its shareholders, licensors, officers, directors, employees, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties") from any such liability. Released Parties assume(s) no responsibility for any injury or damage to 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 any online service or website or undermine the legitimate operation of the Contest or the site is a violation of criminal and civil laws and should such an attempt be made, Wall Street Survivor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
Wall Street Survivor 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 SITE OR PARTICIPATION IN ANY CONTEST.
IN NO EVENT SHALL THE RELEASED PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SITE OR WITH RESPECT TO THE CONTENT OF THE SITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO WALL STREET SURVIVOR FOR YOUR LAST CONTEST OR YOUR LAST SUBSCRIPTION IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY DOLLARS (50$), WHICHEVER IS GREATER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION CONTAINED THEREIN OR ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE SITE. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE RELEASED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USERS OR CONTENT AND YOU EXPRESSLY WAIVE AND RELEASE THE RELEASED PARTIES, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SITE, OR IN ANY WAY RELATED TO THE THIRD PARTIES AND TO THE CONTENT INTRODUCED TO YOU BY THE SITE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR PROVINCE, INCLUDING WITHOUT LIMITATION THE PROVINCE OF QUEBEC), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Wall Street Survivor's Proprietary Right to Content
Winners of any phase of Wall Street Survivor Contest waive all rights of privacy and publicity and expressly allow Wall Street Survivor to publicize their names and prizes as it sees fit.
By entering in the Contest, you agree that Wall Street Survivor may disclose your first name, last name, and state these at any time during the course of, or after, the Contest, either on the site, or through email notification, at the discretion of Wall Street Survivor, except where prohibited by law.
Wall Street Survivor alone shall own all right, title and interest, including all related intellectual property rights, in and to the site and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the site (collectively “Feedback”). You are not required to provide any Feedback to Wall Street Survivor. To the extent you do provide any Feedback to Wall Street Survivor, you agree to assign and hereby do assign to Wall Street Survivor all right, title and interest in and to such Feedback, and you do hereby waive and renounce any moral rights you may have in the Feedback in favour of Wall Street Survivor, and agree that Wall Street Survivor may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the site, or any intellectual property rights owned by Wall Street Survivor.
11. Refund Policy
Save as set forth in Section 4 herein, which shall take precedence over this Section 11 for the Annual Subscriptions and the Monthly Subscriptions, Wall Street Survivor offers Users a complete 3-day money back guarantee on Courses purchased on the site. If you are unhappy with a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund to the amount you paid. To request a refund please contact firstname.lastname@example.org. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account.
12. Content Posted and Activities on the Site
You understand and agree that Wall Street Survivor may review and edit or delete any content, commentary, opinions, messages, photos or profiles (collectively, "Content") that in the sole judgment of Wall Street Survivor, violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Wall Street Survivor Participants. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") on the site or any material or information you transmit to other Participants. By posting Content on any public area of Wall Street Survivor, you automatically grant, as well as represent and warrant, that you have the right to grant to Wall Street Survivor, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to Wall Street Survivor and that Wall Street Survivor 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 site. Wall Street Survivor 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 site and terminating the registration of each violator. Prohibited Content and activities include, but are not limited to:
- Using the site for unlawful, immoral or fraudulent purposes
- 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 site, 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 site
- Removing any copyright, trademark or other proprietary rights notices contained in or on the site.
- Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the site.
- Reformatting or framing any portion of the web pages that are part of the site.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Submitting Content that falsely express or imply that such Content are sponsored or endorsed by Wall Street Survivor.
- Submitting Content 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 Content that is unlawful or promote or encourage illegal activity.
While Wall Street Survivor prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Content or actions and that you use the site at your own risk.
You must use the site 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 site. Although Wall Street Survivor cannot monitor the conduct of its Participants off the site, it is also a violation of these rules to use any information obtained from the site 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, Wall Street Survivor 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 Wall Street Survivor deems appropriate in its sole discretion.
The site is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the site for any purpose.
You may not use the site for any illegal or unauthorized purpose. International 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 site.
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 this Agreement.
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.
14. Termination of Registration
Wall Street Survivor reserves the right to prevent access by any Participant who acts irresponsibly or inappropriately in playing the Contest or in participating on Wall Street Survivor blogs or discussion forums. Although all trading in the Contest is fictional, Participants are expected to 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. Wall Street Survivor 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 Wall Street Survivor 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 contestant 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 during the Contest, or any other behavior that the Contest sponsor, 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.
You agree that Wall Street Survivor may, in its sole discretion, for any reason, terminate your account on the site, without any liability to you.Without limiting the foregoing, in the event that you have more than one account in any Contest Wall Street Survivor offers (be it a monthly, yearly or other Contest), then this shall be considered to be a breach of the Contest’s rules, and Wall Street Survivor may, in its sole discretion, terminate your account on the site, without any liability to you.
15. Electronic Communications
By registering for the Contest, you agree to receive Contest updates in the form of emails throughout the Contest Term. 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 the site. We also reserve the right to effect delivery of notices or disclosures by posting to our site 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 Customer Service at email@example.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 Customer Service via email at firstname.lastname@example.org.
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.
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.
While Wall Street Survivor welcomes links to our site from other websites, we, in no way, operate, control or endorse linking sites and reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our site, you must link to our home page at www.wallstreetsurvivor.com.
19. No Third-Party Beneficiaries
A person who is not a party to this Agreement has no rights under this Agreement.
20. Governing Law
This Agreement shall be governed by the laws of Quebec, without regard to the conflict or choice-of-law principles thereof, and the provincial and federal courts located in Quebec shall have exclusive jurisdiction over all disputes. If required to give legal effect to this Agreement, or in any event at Wall Street Survivor's sole election, any such dispute may be submitted to binding arbitration pursuant to the Rules of Arbitration of the International Centre for Dispute Resolution of the American Arbitration Association, with a single arbitrator appointed in accordance with those rules. The seat of arbitration and the place of arbitration shall be in Montreal, Quebec, 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.
Notwithstanding the foregoing, in the event of the actual or threatened infringement, misappropriation or violation of Wall Street Survivor’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Wall Street Survivor may, at its discretion, institute legal proceedings in any jurisdiction(s) which is (are) deemed necessary or advisable.
You have requested and agreed that this Agreement be drafted in English. Vous avez demandé et accepté que cette convention soit rédigée en anglais.
21. 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, Wall Street Survivor is able to offer the Contests at the terms set out herein, and that your assent to this Section is an indispensable consideration to this Agreement.
22. Emails & Correspondences
By Joining Wallstreetsurvivor.com, you acknowledge and agree that Wallstreetsurvivor.com will send member emails relating to their member account, transactions and Wallstreetsurvivor.com promotions. You can opt out of your subscription to Wallstreetsurvivor.com e-mail services at any time by logging in to Wallstreetsurvivor.com and selecting Notification Preferences under the heading Account Settings. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our email communications.