Modified January 12, 2016
1. Introduction, User’s Acknowledgment, and Acceptance of Terms
YOU AGREE TO BE BOUND BY THESE TERMS BY REGISTERING ON, VIEWING OR USING THIS SITE. IF THESE TERMS ARE NOT ACCEPTABLE TO YOU, PLEASE LEAVE THE SITE IMMEDIATELY. IF FOR ANY REASON YOU ARE DISSATISFIED WITH THE SITE, OR ANY SERVICE, PRODUCT, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, YOUR SOLE REMEDY IS TO CEASE USING THE SITE AND/OR PARTICULAR SERVICE OR PRODUCT. YOUR AGREEMENT WITH MICROCAPCLUB REGARDING THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON YOUR REGISTRATION, ACCESS TO, OR USE OF THE SITE.
2. Risks of Information and Use of the Site
This Site provides information (“Information”) regarding, but not limited to, securities, securities markets and general investment strategies. The Information on MicroCapClub is provided by various sources (“Information Provider,” “Information Providers”) including, but not limited to, members, officers, employees, subcontractors, affiliates, or Users of the Site, and third party providers.
The strategies discussed in the Information are strictly for illustrative and educational purposes and should not be construed as a recommendation to purchase or sell, or an offer to sell or a solicitation of an offer to buy any security. There is no guarantee that any strategies discussed will be effective. The Information provided is not intended to be a complete analysis of every material fact respecting any strategy. The examples presented do not take into consideration commissions, tax implications or other transactions costs, which may significantly affect the economic consequences of a given strategy.
MicroCapClub does not verify or monitor the accuracy, truthfulness, or completeness of any Information provided on the Site by such Information Providers and sent to you in the Information. Said Information may contain opinions, forecasts, or projections of the Information Providers and thus may not be fact. You should consider the motives of any Information Provider and independently verify any Information or claims they provide. MicroCapClub does not endorse any opinion or recommendation by any Information Provider. We do not verify the identity of our Information Providers and thus you should not rely that the identity of any Information Provider is who they say they are.
You specifically acknowledge that MicroCapClub will in no way be held liable for any potential or actual violations of United States laws or applicable state laws, including without limitation any federal or state securities laws, based on Information sent to you by MicroCapClub.
The Information on the Site may contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These statements can be identified by the fact that they do not relate strictly to historical or current facts. Forward-looking statements often include words such as “anticipates,” “estimates,” “expects,” “projects,” “intends,” “plans,” “believes” and words and terms of similar substance in connection with discussions of future operating or financial performance. Any forward-looking statements made speak only as of the date on which they are made and MicroCapClub and its Information Providers are under no obligation to, and expressly disclaims any obligation to, update or alter any forward-looking statements, whether as a result of new information, subsequent events or otherwise.
By using this site, you agree that you fully understand that the stock market, other securities markets, and all financial forums contain implicit and explicit risks. That being acknowledged, understood, and agreed, anyone who directly or indirectly uses the Site and/or Information shall hold MicroCapClub and any of its, members, officers, employees, subcontractors, affiliates, and/or third party providers harmless for any loss, injury, or damage resulting from the usage of the Site or any Information. All Users of the Site, agree that they alone bear complete responsibility for their own investment research and investment decisions, and that they will not hold MicroCapClub and any of its, members, officers, employees, subcontractors, affiliates, and/or third party providers liable for any decisions or outcomes from actions made by them or others based directly or indirectly upon the Information or any other material provided by MicroCapClub.
MicroCapClub is not a registered investment advisor or broker-dealer, and is not licensed nor qualified to provide investment advice. In addition, there is no requirement that any of our Information Providers be registered investment advisors or broker-dealers and we do not represent or warrant that such Information Providers are registered investment advisors, broker-dealers or otherwise licensed or registered under applicable law. Nothing published by MicroCapClub should be considered personalized investment advice or investment services by MicroCapClub or the Information Providers.
The Information is NOT a solicitation to BUY, SELL, or HOLD any securities mentioned, directly or indirectly, in the Information. Furthermore the Information should not be used as the basis for making any investment decision and you should consult your own independence financial investment advisor before making any such decision. Your own due diligence is of the utmost importance and highly recommended. Never buy stocks or other financial products based purely on the Information. Neither MicroCapClub nor any Information Provider guarantees any specific outcome or profit, as, among other things, the strategies or investments discussed may fluctuate in price or value and the investments or strategies mentioned on the Site or in the Information may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you.
The material in the Information represents an assessment of the market environment at a specific time and is not intended to be a forecast of future events or a guarantee of future results. You should not rely upon this information as research or investment advice regarding the funds or any security in particular.
You must make an independent decision regarding investments or strategies mentioned on the Site or the Information. You affirm that buying stocks or any other financial instrument is risky and you may lose some or all of your money. Before acting on Information, you should consider whether it is suitable for your particular circumstances and seek advice from your own independent financial or investment advisor. YOU SHOULD VERIFY ALL CLAIMS, DO YOUR OWN DUE DILIGENCE AND/OR SEEK YOUR OWN PROFESSIONAL ADVISOR AND CONSIDER THE INVESTMENT OBJECTIVES AND RISKS BEFORE INVESTING IN ANY SECURITIES MENTIONED ON THE SITE OR IN THE INFORMATION. You specifically acknowledge that MicroCapClub and any of its, members, officers, employees, subcontractors, affiliates, and/or third party providers will in no way be held liable for losses or gains arising out of any Information sent to you by MicroCapClub or subscribed by you from MicroCapClub, and you waive any such claims on your own behalf and on behalf of your successors, heirs and representatives.
This site contains links to third party web sites. We make no warranties, either expressed or implied, regarding the utility, safety, accuracy or completeness of such third party web sites.
We do not guarantee availability of the Site as it may be subject to interruptions due to events within and outside of our control. We assume no liability for availability of the Site.
3. Disclosure of Ownership
From time to time, MicroCapClub, its affiliates, members, officers or employees, Information Providers and/or their affiliates may, or may not, hold positions in one or more of the securities mentioned in the Information and may trade such positions in such securities at any time, without notification to you. Furthermore, MicroCapClub, its affiliates, members, officers, employees, Information Providers and/or their affiliates may have additional information regarding such securities and have no obligation to disclose such information to you at any time. They may also liquidate shares (or other securities) in profiled companies at any time without notice and at will. Such liquidation may have a negative impact on the securities being liquidated. There can be no assurances that (i) Information Providers’ goals, objectives, investment portfolio or strategies are consistent with your own investment objectives and (ii) that the Information Providers are continuing to pursue a strategy or investment decision contained in the Information.
4. Disclosure of Compensation
Sponsors advertising on the Site will directly compensate MicroCapClub for the right to display promotional materials on the Site. Sales by our sponsors which result from advertising on the Site will encourage the sponsors to continue to advertise on the Site. Therefore, MicroCapClub, its affiliates, members, officers or employees, Information Providers and/or their affiliates arguably have a financial incentive to recommend the securities and products of MicroCapClub sponsors. However, the opinions expressed on MicroCapClub are independent of any third party payments and as a general policy, MicroCapClub, its affiliates, members, officers or employees, Information Providers and/or their affiliates may not express opinions on the basis of such compensation.
5. User Provided Content
You agree not to post, upload, publish, submit or transmit any text, graphics, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
You agree not to provide any User Content that contains material, non-public information or knowingly post statements that are not true.
6. Credentials and Security
You agree that your account with us is for your sole use and agree not to share or otherwise make your account available to others. Furthermore, you agree to keep your credentials including your password secure. You agree that you are liable for any use of the site done with your credentials.
Users of the Site agree that they will maintain only one account on the Site.
7. User’s Conduct on the Site
In addition to these Terms, Members and Subscribers of the Site agree to follow such rules that are posted on the site and amended from time to time. Such rules are posted within the forums and are incorporated by reference.
MicroCapClub reserves the right, but has no obligation, to delete any content that violates the Terms of this agreement or is otherwise objectionable to MicroCapClub. We are not responsible for any delay in deleting such content if we chose to delete such content.
MicroCapClub reserves the right, but has no obligation, to terminate the membership, subscription, use, or specific feature of the site of any User who violates the law or these Terms. If your membership, subscription, or use is terminated, your obligations under these Terms, including, but not limited to indemnification and unpaid fees shall survive such termination. It is MicroCapClub’s policy that no refund or proration of any payment made for services shall be provided upon such termination.
8. Payment and Refunds
Payment for subscriptions is done in advance and by default renews automatically for periods subsequent to your initial purchase. If you do not pay your subscription when due we will terminate your service. You agree that your credit card or other payment service will be charged automatically for renewal unless you notify MicroCapClub in advance that you wish to disable automatic renewal. Unless you are otherwise notified, the duration of such renewal will be the same as the length of the initial subscription (e.g. yearly subscriptions renew in yearly increments). Renewals will be at the then current rate applicable for your subscription duration. If your credit card company refuses to pay the billed amount for any reason, you agree that we may terminate your service.
MICROCAPCLUB DOES NOT PROVIDE REFUNDS OR PRORATION OF ANY PAYMENT MADE FOR PRODUCTS OR SERVICES. YOUR SOLE REMEDY FOR ANY DISSATISFACTION IS TO TERMINATE YOUR SERVICES AND STOP USING THE SITE.
9. Intellectual Property Rights
This site is protected by the Copyright Laws of the United States. Except where otherwise indicated, the Site and all text, images, graphics, photographs, drawings, designs, audio, video, data, software, files, trademarks, service marks, trade names, and other information contained on the Site, are the exclusive property of MicroCapClub. You may not reproduce, sell, copy, retransmit, or modify any of the content of the Site without the express written authorization of MicroCapClub.
10. Disclaimer of Warranty, Limitation of Liability, and Indemnification
THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. MICROCAPCLUB DOES NOT GUARANTY THAT THE INFORMATION OR ANY INFORMATION ON THE SITE IS ACCURATE OR CURRENT. MICROCAPCLUB MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION OR THE SITE. ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. MICROCAPCLUB RESERVES THE RIGHT TO CHANGE THE CONTENT OF THE SITE AT ANY TIME WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MICROCAPCLUB EXPRESSLY DISCLAIMS ALL LIABILITY FOR, AND YOU AGREE TO INDEMNIFY AND HOLD MICROCAPCLUB, ITS MEMBERS, OFFICERS, AND AFFILIATES HARMLESS FOR, ANY DAMAGES OR LOSSES AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE SITE, THE INFORMATION OR MATERIALS YOU PROVIDE TO THE SITE, THE INFORMATION OR YOUR RELIANCE ON THE INFORMATION CONTAINED ON THE SITE, OR YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAW.
You have the sole responsibility to purchase and maintain the equipment and communications services you use to access this Site. We are not responsible for any costs or damages caused to your equipment and communications services that happens because of access to the Site.
You agree that your account is non-transferable and that any rights to your account terminate upon your death.
These Terms as specified in this document constitute the entire agreement between you and MicroCapClub.
Any legal dispute arising out of your use of the Site or these Terms will be governed by the laws of the United States of America and the Commonwealth of Pennsylvania without giving effect to rules governing choice of laws. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. The Information provided by MicroCapClub is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MicroCapClub to any registration requirement within such jurisdiction or country.
If any part of these Terms is found unenforceable or invalid, that part shall be construed as closely as possible in a manner consistent with applicable law to reflect the original intentions and the remaining parts shall remain in full force and effect.