Terms of Service
The Practical Investors, LLC. (“The Practical Investors,” “we,” “us,” or “our”) welcomes you.
We invite you to access and use our proprietary The Practical Investors platform (the
“Platform”) designed to allow users to track and share knowledge about investments. The
Platform is made available to you via our website located at www.thepracticalinvestors.com (the
“Website”) and our mobile application (the “App”). To make these Terms of Service (the
“Terms”) easier to read, the Website, the App, the Platform and the services offered by The
Practical Investors through the Platform are collectively called the “Services”. Please read
these Terms and our Privacy Policy ( the “Privacy Policy”) carefully because they govern your
use of the Services.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU
AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO
RESOLVE ANY DISPUTE BETWEEN YOU AND THE PRACTICAL INVESTORS THROUGH
BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW
CAREFULLY SECTION 21 “BINDING ARBITRATION” BELOW FOR DETAILS REGARDING
ARBITRATION.
1. AGREEMENT TO TERMS.
2. By using our Services, you acknowledge that you have read, understood, and agree to
be legally bound by these Terms. If you do not agree to any of these Terms, you may
not access or use the Services.
PRIVACY POLICY.
3. Please review our Privacy Policy, which also governs your use of the Services, for
information on how we collect, use and share your information.
CHANGES TO THESE TERMS OR THE SERVICES.
4. We reserve the right, at our sole discretion, to modify, discontinue, or terminate the
Services, or to modify these Terms, at any time and without prior notice. If we modify
these Terms, we will post the modification on the Website and the App and/or provide
you with other communications. By continuing to access or use the Services after we
have posted a modification to the Terms, you are indicating that you agree to be bound
by the modified Terms. If the modified Terms are not acceptable to you, your only
recourse is to cease using the Services.
DESCRIPTION OF SERVICES.
5. The Services allow users to share investing knowledge by posting their insights and
sharing their investment transactions with the community, including securities,
commodities, futures, and certain crypto- or virtual currencies (“Virtual Currencies”).
The Website/app will allow individual contributors (the “Contributors”) to post predictions
with respect to the future price of publicly traded stocks, along with a date at which the
price is expected to match the prediction. The Website/app will be equipped with a
mechanism by which Contributors are evaluated on the basis of how often their
predictions came true, and will be subject to a public score that reflects their prior
accuracy. All posts by Contributors will be free to view by visitors to the Website until
Contributors posts are monetized by the platform. Hidden posts can be viewed by
visitors to the Website for a fee, the pricing of which is to be determined.
6.
USERS.
1. The Services are available for individuals aged 18 years or older and capable
of forming a binding contract with The Practical Investors, and not otherwise
barred from using the Services under applicable law.
2. In order to access and use the Services, you must register with us and become
a member (“Member”). As a Member you will be able to: (i) create a profile; (ii)
create and join groups and channels for exchanging investing ideas with other
Members (“Groups”); (iii) track your Investments; and (iv) share your Investment
information and post commentary and other content .
“investment adviser” in the typical fashion as any person who, (1) for compensation,
(2) engages in the business of (3) advising others, either directly or through
publications or writings, as to the value of securities or as to the advisability of
investing in, purchasing, or selling securities, or who, for compensation and as a part
of regular business, issues or promulgates analyses or reports concerning securities.
7.
SERVICES ACCOUNT AND MATERIALS; BROKERAGE
ACCOUNT; TRANSACTIONS.
1. Services Account. If you wish to register as a Member other than through a
third-party login provider (e.g., Facebook), during the registration process we
will ask you to create an account, which includes a sign-in name (“Sign-In
Name”), a password (“Password”). We may also ask you to provide additional
information that will assist in authenticating your identity when you log-in in the
future (“Unique Identifiers”). When creating your account, you must provide
true, accurate, current, and complete information. Each Sign-In Name and
corresponding Password can be used by only one user. You are solely
responsible for the confidentiality and use of your Sign-In Name, Password, and
Unique Identifiers, as well as for any use, misuse, or communications entered
through the Services using one or more of them. You will promptly inform us of
any need to deactivate a Password or Sign-In Name, or change any Unique
Identifier. The Practical Investors will not be liable for any loss or damage
caused by any unauthorized use of your account.
2. Brokerage Account. Broker/Exchange (a “Brokerage Account”). Your
Brokerage Account is subject to a separate agreement directly between you
and the applicable Third-Party Broker. Under no circumstances will we have any
liability for your Brokerage Account. You further acknowledge that we have no
control over Third-Party Brokers/Exchanges and that you may be charged fees
by the Third-Party Broker/Exchange. We are not responsible for any Third-Party
Broker/Exchange fees. You are solely responsible for your use of the
Third-Party Brokers/Exchanges’ services, and you agree to comply with all
terms and conditions applicable to such services as required by the applicable
Third-Party.
3. Transactions.
■ The Practical Investors does not collect any funds, execute any
Transactions, or otherwise act as a broker-dealer or cryptocurrency
exchange, money transmitter, money services business, bank account,
brokerage account, or other financial account. Although you may be
able to find information about investment opportunities through the
Services, we are not a party to any Transaction regarding any such
opportunity. We strongly recommend that in connection with each
Transaction, Members conduct their own due diligence. All messages
sent using the Services are self-directed to you for your Third-Party
Broker/Exchange . All orders are executed by Third-Party
Brokers/Exchanges where Members have an existing account, and The
Practical Investors is not responsible for the order routing or execution
of any transaction. Any confirmations of such Transactions will be
issued solely by the Member’s Third-Party Broker/Exchange. Members
are solely responsible for any and all orders placed by them, and
understand that all orders are unsolicited and based on their own
investment decisions. THE PRACTICAL INVESTORS and THE
PRACTICAL INVESTOR LLC AND ITS AFFILIATES, EMPLOYEES,
AGENTS, PRINCIPALS, OR REPRESENTATIVES DO NOT PROVIDE
RECOMMENDATIONS OF ANY TRANSACTION OR ORDER,
PROVIDE INVESTMENT ADVICE, ENDORSE ANY INVESTMENTS,
PRODUCE OR PROVIDE RESEARCH TO ANY USER REGARDING
ANY INVESTMENT, TRANSACTION OR ORDER, OR EXECUTE ANY
TRANSACTIONS.
4. (d)Materials. YOU UNDERSTAND AND AGREE THAT THE SERVICES
INCLUDE INFORMATION AND MATERIALS PROVIDED BY OTHER
MEMBERS. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN SUCH
MATERIALS ARE SOLELY THE OPINIONS OF THE MEMBER PROVIDING
SUCH MATERIALS. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR
ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY SUCH
MATERIALS. In addition:
■ We make no attempt to confirm, and do not confirm, any Member’s
purported identity. You are solely responsible for determining the identity
and suitability of other Members with whom you may interact by means
of the Services;
■ We make no representations, offer no assurances, and do not
investigate any Member’s background, history, course of dealing,
morality, or character, and you understand and agree that you assume
the risk of any encounter or interaction with any other Member of the
Services. We encourage all Members to communicate directly with other
Members through the tools available on the Services and to review their
profile pages for more information; and
■ We do not endorse any Members.
8.
USER CONTENT.
1. Posting Content. Our Services allow you to store or share content such as text
(in posts or communications with others), files, documents, graphics, images,
audio and video. Anything (other than Feedback) that you post or otherwise
make available through the Services, including information about Investments
and Transactions, is referred to as “User Content”. The Practical Investors does
not claim any ownership rights in any User Content and nothing in these Terms
will be deemed to restrict any rights that you may have to your User Content.
2. Permissions to Your User Content. By making any User Content available
through the Services, you hereby grant us a non-exclusive, transferable,
worldwide, royalty-free license, with the right to grant sublicenses, to use, copy,
publicly display, compile, combine with other content, modify (solely to conform
such User Content to the technical requirements of the Services), and publicly
perform all User Content you provide to us in any media now known or
hereafter devised solely in connection with providing the Services, and the right,
but not the obligation, to reproduce and use any such User Content, including,
without limitation, your name, image, likeness, photograph, and Sign-In Name
to advertise and promote the Services and/or The Practical Investors. Without
limiting the foregoing, you acknowledge and agree that uses of your User
Content, name, image, likeness, photograph, and Sign-In Name permitted by
the foregoing rights and licenses may include the display of such materials
adjacent to advertising and other material or content, including for profit.
3. Your Responsibility for User Content. You are solely responsible for all your
User Content. You represent and warrant that you have (and will have) all rights
that are necessary to grant us the license rights in your User Content under
these Terms. You represent and warrant that neither your User Content, nor
your use and provision of your User Content to be made available through the
Services, nor any use of your User Content by The Practical Investors on or
through the Services will infringe, misappropriate or violate a third party’s
intellectual property rights, or rights of publicity or privacy, or result in the
violation of any Applicable Laws (as defined below), or our Community
Guidelines (as defined below).
4. Removal of User Content. You can remove your User Content by specifically
deleting it. You should know that in certain instances, some of your User
Content (such as posts or comments you make) may not be completely
removed and copies of your User Content may continue to exist on the
Services. To the maximum extent permitted by law, we are not responsible or
liable for the removal or deletion of (or the failure to remove or delete) any of
your User Content.
5. Confidentiality. PLEASE NOTE THAT ALL USER CONTENT THAT YOU POST
OR SHARE WITH OTHER MEMBERS THROUGH THE SERVICES WILL BE
SEEN AND MAY BE USED BY OTHER MEMBERS, AND THE PRACTICAL
INVESTORS CANNOT CONTROL HOW OTHER MEMBERS WILL USE SUCH
USER CONTENT. THEREFORE, IF YOU HAVE ANY INFORMATION THAT
YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT
OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS
THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT
ANYWHERE ON OR THROUGH THE SERVICES. THE PRACTICAL
INVESTORS IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR
MISAPPROPRIATION OF ANY IDEA, CONTENT, OR INFORMATION THAT
YOU POST ON OR THROUGH THE SERVICES.
6. Publishers are excluded from investment advisor regulation under federal and state
law so long as they: (i) provide only impersonal advice (i.e., advice not tailored to the
individual needs of a specific client); (ii) are “bona fide,” (containing disinterested
commentary and analysis rather than promotional material disseminated by someone
touting particular securities); and (iii) are of general and regular circulation (rather
than issued from time to time in response to episodic market activity). As the US
Supreme Court described the publisher exception in the landmark case of Lowe v.
SEC, 472 U.S. 181 (1985): “Publications that do not offer individualized advice
attuned to any specific portfolio or to any client's particular needs, that circulate for
sale to the public at large in a free, open market, were not intended to be regulated
by the Investment Advisers Act.” In that case, the Court found that the statutory
exclusion for bona fide publications applies so "long as the communications between
petitioners and their subscribers remain entirely impersonal and do not develop into
the kind of fiduciary, person-to-person relationships that were discussed at length in
the legislative history of the Act and that are characteristic of investment
advisor-client relationships.”
9.
COMMUNITY GUIDELINES.
10. The Practical Investor’s community, like any community, functions best when its
people follow a few simple rules. By accessing and/or using the Services, you hereby
agree to comply with the following community rules and guidelines or those that may be
posted on the Services from time to time (collectively, the “Community Guidelines”):
1. You will not use the Services for any unlawful purpose, and you will comply with
all applicable laws, rules, and regulations in connection with your use of the
Services including, but not limited to, the Securities Exchange Act of 1934, as
amended (collectively, “Applicable Laws”);
2. You will not impersonate any person or entity, including without limitation The
Practical Investor, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
3. You will not submit false or misleading information (including, without limitation,
in connection with a “pump and dump” scam or other form of stock fraud), or
“Material Nonpublic Information” (as defined by Applicable Laws), or authorize
any Transaction, that you do not intend to honor;
4. Other than making Investments for your own personal use and gain, you will not
use the Services to engage in any commercial activities, including, without
limitation, raising money; advertising or promoting a product, service, or
company; or engaging in any pyramid or other multi-tiered marketing scheme;
5. You will not access or use the Services to collect any market research for a
competing business;
6. You will not upload, post, e-mail, transmit, or otherwise make available any User
Content that:
■ infringes any copyright, trademark, right of publicity, or other proprietary
rights or confidential information of any person or entity; or
■ is threatening, tortious, defamatory, libelous, indecent, obscene,
offensive, pornographic, invasive of another’s privacy, or promotes
violence, discrimination, bigotry, racism, hatred, harassment or harm
against any individual or group, or promotes illegal or harmful activities
or substances; or
■ is fraudulent, false, misleading or deceptive; or
■ discloses any sensitive information about another person, including that
person’s e-mail address, postal address, phone number, credit card
information, or any similar information;
7. You will not “stalk” or otherwise harass another user of the Services;
8. You will not interfere with or attempt to interrupt the proper operation of the
Services through the use of any virus, device, information collection or
transmission mechanism, software or routine, or access or attempt to gain
access to non-public areas of the Services, any data, files, or passwords related
to the Services through hacking, password or data mining, or any other means.
9. You will not cover, obscure, block, or in any way interfere with any
advertisements and/or safety features (e.g., report abuse button) on the
Services;
10. You will not use any robot, spider, scraper, or other automated means to access
the Services for any purpose without our express written permission; provided,
however, we grant the operators of public search engines permission to use
spiders to copy materials from the Services for the sole purpose of, and solely
to the extent necessary for, creating publicly-available searchable indices of the
materials, but not caches or archives of such materials;
11. You will not take any action that imposes or may impose (in our sole discretion)
an unreasonable or disproportionately large load on our technical infrastructure;
You will not attempt to decipher, decompile, disassemble or reverse engineer
any of the software used to provide the Services;
12. You will not attempt to probe, scan or test the vulnerability of any The Practical
Investors system or network or breach any security or authentication
measures;
13. You will not avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by us or any of our
providers or any other third party (including another user) to protect the
Services; and
14. You will not encourage or enable any other individual to do any of the foregoing.
11. We are not obligated to monitor access to or use of the Services or to review or edit
any content. However, we have the right to do so for the purpose of operating the
Services, to ensure compliance with these Terms and to comply with Applicable Laws.
We reserve the right, but are not obligated, to remove or disable access to any content,
including User Content, at any time and without notice, including, but not limited to, if
we, at our sole discretion, consider it objectionable or in violation of these Terms. We
may also consult and cooperate with law enforcement authorities to prosecute users
who violate the law .
THE PRACTICAL INVESTORS INTELLECTUAL PROPERTY.
12. The Practical Investor and its licensors exclusively own all right, title and interest in
and to the Services, including all associated intellectual property rights. You
acknowledge that the Services are protected by copyright, trademark, and other laws of
the United States and foreign countries. You agree not to remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Services.
FEEDBACK.
13. We welcome feedback, comments and suggestions for improvements to the
Services (“Feedback”). If you provide us with any Feedback, you grant to us a
non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free
license, with the right to sublicense, under any and all intellectual property rights that
you own or control to use, copy, modify, create derivative works based upon and
otherwise exploit the Feedback for any purpose.
RIGHTS AND TERMS FOR APPS.
1. App License. If you comply with these Terms, The Practical Investors grants to
you a limited non-exclusive, non-transferable license, with no right to
sublicense, to download and install the App on your personal computers, mobile
handsets, tablets, wearable devices, and/or other devices and to run the App
solely for your own personal non-commercial purposes. Except as expressly
permitted in these Terms, you may not: (i) copy, modify or create derivative
works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent
the App to any third party; (iii) reverse engineer, decompile or disassemble the
App (unless applicable law permits, despite this limitation); or (iv) make the
functionality of the App available to multiple users through any means.
2. Additional Information: Apple App Store. This Section 12(b) applies to any App
that you acquire from the Apple App Store or use on an iOS device. Apple has
no obligation to furnish any maintenance and support services with respect to
the App. In the event of any failure of the App to conform to any applicable
warranty, you may notify Apple, and Apple will refund the App purchase price to
you (if applicable) and, to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or any third party
relating to the App or your possession and use of it, including, but not limited to:
(i) product liability claims; (ii) any claim that the App fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. Apple is not responsible for the
investigation, defense, settlement and discharge of any third-party claim that
your possession and use of the App infringe that third party’s intellectual
property rights. Apple and its subsidiaries, are third-party beneficiaries of these
Terms, and upon your acceptance of the Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you
as a third-party beneficiary thereof. You represent and warrant that (i) you are
not located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a terrorist-supporting country;
and (ii) you are not listed on any U.S. Government list of prohibited or restricted
parties. You must also comply with any applicable third-party terms of service
when using the App.
14.
DMCA/COPYRIGHT POLICY.
15. The Practical Investors respects copyright law and expects its users to do the
same. It is The Practical Investors policy to terminate in appropriate circumstances
account holders who repeatedly infringe or are believed to be repeatedly infringing the
rights of copyright holders. Please see The Practical Investor’s Copyright Policy for
further information.
THIRD PARTY APPLICATIONS, WEBSITES OR RESOURCES.
1. Third-Party Applications. If you install or enable any online, web-based
applications provided by third parties that interoperate with the Services
(“Third-Party Applications”) for use with the Services, you acknowledge that we
may allow providers of those Third-Party Applications to access your
information as required for the interoperation of such Third-Party Applications
with the Services. We are not responsible for any disclosure, modification, or
deletion of your information resulting from any such access by Third-Party
Application providers, and any such access and use of your information shall be
subject to the privacy policies of such Third-Party Application providers.
2. Third-Party APIs or Widgets. Certain features of the Services may interoperate
and/or integrate with third-party APIs or widgets. Such features depend on the
continuing availability of such APIs or widgets. If these providers cease to make
their API or widgets or program available on reasonable terms for the Services,
we may cease providing such features without notice or liability.
3. Links. The Services (including the App) may allow you to access third-party
websites or other resources. We provide access only as a convenience and are
not responsible for the content, products or services on or available from those
resources or links displayed on such websites. You acknowledge sole
responsibility for and assume all risk arising from your use of any third-party
resources.
16.
WARRANTY DISCLAIMERS.
1. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY
KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL
MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO
WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY
INFORMATION OR CONTENT ON THE SERVICES.
2. WE DO NOT EXECUTE ANY TRANSACTIONS. WE ONLY COMMUNICATE
MEMBERS’ TRANSACTION INSTRUCTIONS TO THE RELEVANT
THIRD-PARTY BROKER/EXCHANGE(S). WE DO NOT WARRANT THAT
THIRD-PARTY BROKER/EXCHANGE(S) WILL RECEIVE THE
INSTRUCTIONS OR EXECUTE THE TRANSACTIONS, AT ALL OR ON A
TIMELY BASIS.
3. THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE
FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS
LISTED THEREIN. THE SERVICES MAY CONTAIN INFORMATION ON
INVESTMENTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A
REFERENCE TO AN INVESTMENT ON THE SERVICES DOES NOT IMPLY
THAT SUCH INVESTMENT IS OR WILL BE AVAILABLE WHEN YOU WOULD
LIKE TO PURSUE IT. WE RESERVE THE RIGHT TO MAKE CHANGES,
CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY
TIME WITHOUT NOTICE.
4. NO INFORMATION OR CONTENT ON THE SERVICES SHALL BE USED OR
CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY
OFFER TO BUY THE SECURITIES OR PRODUCTS OR SERVICES OF ANY
ENTITY. INVESTMENT OFFERS CAN ONLY BE MADE WHERE LAWFUL
UNDER, AND IN COMPLIANCE WITH, APPLICABLE LAWS. THE SERVICES
PROVIDE NO INVESTMENT OR OTHER ADVICE, AND NO INFORMATION
OR MATERIAL AVAILABLE THROUGH THEM IS TO BE RELIED UPON FOR
THE PURPOSE OF MAKING OR COMMUNICATING INVESTMENT OR
OTHER DECISIONS. IN MAKING AN INVESTMENT DECISION, YOU MUST
RELY ON YOUR OWN EXAMINATION OF THE INVESTMENT AND THE
TERMS OF THE OFFERING. WE DO NOT ADVISE ON THE TAX
CONSEQUENCES OF ANY INVESTMENT. TO THE EXTENT THAT PAST
PERFORMANCE IS AVAILABLE THROUGH THE SERVICES, PAST
PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO
REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS
LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED
IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
5. Please note the following disclosures associated with Virtual Currencies:
■ Virtual Currencies are not legal tender, are not backed by the
government, and accounts and value balances are not subject to federal
deposit insurance corporation protections.
■ Legislative and regulatory changes or actions at the state, federal, or
international level may adversely affect the use, transfer, exchange, and
value of Virtual Currencies.
■ Transactions in Virtual Currencies may be irreversible, and, accordingly,
losses due to fraudulent or accidental transactions may not be
recoverable.
■ Some Virtual Currency transactions shall be deemed to be made when
recorded on a public ledger, which is not necessarily the date or time
that the customer initiates the transaction.
■ The value of a Virtual Currency may be derived from the continued
willingness of market participants to exchange government-issued
currency for that Virtual Currency, which may result in the potential for
permanent and total loss of value of a particular Virtual Currency should
the market for that Virtual Currency disappear.
■ There is no assurance that a person who accepts a Virtual Currency as
payment today will continue to do so in the future.
■ The volatility and unpredictability of the price of virtual currencies
relative to government-issued currencies may result in significant loss
over a short period of time.
■ The nature of virtual currencies may lead to an increased risk of fraud or
cyber-attack.
17.
LIMITATION ON LIABILITY.
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE
PRACTICAL INVESTORS NOR ITS SERVICE PROVIDERS INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST
REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF
DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR
SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY
KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT THE PRACTICAL INVESTORS OR ITS SERVICE PROVIDERS HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A
LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.&nbsli;
2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE
APPLICABLE JURISDICTION, IN NO EVENT WILL THE PRACTICAL
INVESTORS TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY
YOU TO THE PRACTICAL INVESTORS FOR USE OF THE SERVICES OR
ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT
OBLIGATIONS TO PRACTICAL INVESTORS, AS APPLICABLE.
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN THE PRACTICAL INVESTORS AND YOU.
18.
INDEMNIFICATION.
19. You will indemnify and hold The Practical Investors, its affiliates and their respective
officers, directors, employees and agents, harmless from and against any claims,
disputes, demands, liabilities, damages, losses, and costs and expenses, including,
without limitation, reasonable legal and accounting fees arising out of or in any way
connected with (a) your access to or use of the Services, (b) your User Content, (c)
your violation of these Terms, or (d) any of your Transactions or Investments. We will
provide notice to you of any such claim, dispute or demand. We reserve the right, at
your expense, to assume the exclusive defense and control of any claim, dispute or
demand that is subject to indemnification under this Section. In such case, you agree to
cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS.
20. The Services are based in the United States. We make no claims concerning
whether the Services may be downloaded, viewed, or be appropriate for use outside of
the United States. If you access the Services from outside of the United States, you do
so at your own risk. Whether inside or outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION.
21. We may suspend or terminate your access to and use of the Services, including
suspending access to or terminating your account, at our sole discretion, at any time
and without notice to you. You may cancel your account at any time via the Services
interface. Upon any termination, discontinuation or cancellation of the Services or your
account, the following Sections will survive: 8(b), 8(c), 8(e), 9, 10, 11, 15, 16, 17, 19, 20,
21 and 22.
GOVERNING LAW AND FORUM CHOICE.
22. These Terms and any action related thereto will be governed by the Federal
Arbitration Act, federal arbitration law, and the laws of the State of New York without
regard to its conflict of laws provisions.Except as otherwise expressly set forth in
Section 21 “Binding Arbitration,” the exclusive jurisdiction for all Disputes (defined
below) that you and The Practical Investors are not required to arbitrate will be the
state and federal courts located in the State of New York, and you and The Practical
Investors each waive any objection to jurisdiction and venue in such courts.
BINDING ARBITRATION.
1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or
controversy arising out of or relating to these Terms or the breach, termination,
enforcement, interpretation or validity thereof or the use of the Services
(collectively, “Disputes”) will be resolved solely by binding, individual arbitration
and not in a class, representative or consolidated action or proceeding. You and
The Practical Investors agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of these Terms, and that you and The Practical
Investors are each waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of these Terms.
2. Exceptions. As limited exceptions to Section 21(a) above: (i) we both may seek
to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain
the right to seek injunctive or other equitable relief from a court to prevent (or
enjoin) the infringement or misappropriation of our intellectual property rights.
3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted
by JAMS under the JAMS Comprehensive Arbitration Rules (the “JAMS
Rules”) then in effect, except as modified by these Terms. The JAMS Rules are
available at www.jamsadr.com or by calling 1-800-352-JAMS. A party who
wishes to start arbitration must submit a written Demand for Arbitration to JAMS
and give notice to the other party as specified in the JAMS Rules. JAMS
provides a form Demand for Arbitration at www.jamsadr.com.
4. Any arbitration hearings will take place in the county (or parish) where you live,
unless we both agree to a different location. The parties agree that the arbitrator
shall have exclusive authority to decide all issues relating to the interpretation,
applicability, enforceability and scope of this arbitration agreement.
5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be
governed by the JAMS Rules, and we won’t seek to recover the administration
and arbitrator fees we are responsible for paying, unless the arbitrator finds
your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’
fees and costs and won’t seek to recover them from you. If you prevail in
arbitration you will be entitled to an award of attorneys’ fees and expenses to
the extent provided under applicable law.
6. Injunctive and Declaratory Relief. Except as provided in Section 21(b) above,
the arbitrator shall determine all issues of liability on the merits of any claim
asserted by either party and may award declaratory or injunctive relief only in
favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party’s individual claim. To the extent that you or
we prevail on a claim and seek public injunctive relief (that is, injunctive relief
that has the primary purpose and effect of prohibiting unlawful acts that threaten
future injury to the public), the entitlement to and extent of such relief must be
litigated in a civil court of competent jurisdiction and not in arbitration. The
parties agree that litigation of any issues of public injunctive relief shall be
stayed pending the outcome of the merits of any individual claims in arbitration.
7. Class Action Waiver. YOU AND THE PRACTICAL INVESTORS AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may
not consolidate another person’s claims with your claims, and may not
otherwise preside over any form of a representative or class proceeding. If this
specific provision is found to be unenforceable, then the entirety of this Dispute
Resolution section shall be null and void.
8. Severability. With the exception of any of the provisions in Section 21(f) of these
Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction
decides that any part of these Terms is invalid or unenforceable, the other parts
of these Terms will still apply.
23.
MISCELLANEOUS.
1. Entire Agreement. These Terms constitute the entire and exclusive
understanding and agreement between The Practical Investors and you
regarding the Services, and these Terms supersede and replace all prior oral or
written understandings or agreements between The Practical Investors and you
regarding the Services. If any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction, that provision
will be enforced to the maximum extent permissible and the other provisions of
these Terms will remain in full force and effect. You may not assign or transfer
these Terms, by operation of law or otherwise, without The Practical Investors
prior written consent. Any attempt by you to assign or transfer these Terms,
without such consent, will be null. The Practical Investors may freely assign or
transfer these Terms without restriction. Subject to the foregoing, these Terms
will bind and insure to the benefit of the parties, their successors and permitted
assigns.
2. Notices. Any notices or other communications provided by The Practical
Investors under these Terms will be given: (i) via email; or (ii) by posting to the
Services. For notices made by email, the date of receipt will be deemed the
date on which such notice is transmitted.
3. Waiver of Rights. The Practical Investors failure to enforce any right or provision
of these Terms will not be considered a waiver of such right or provision. The
waiver of any such right or provision will be effective only if in writing and signed
by a duly authorized representative of The Practical Investors. Except as
expressly set forth in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other remedies
under these Terms or otherwise.
24.
CONTACT INFORMATION.
If you have any questions or complaints about these Terms or the Services, please contact The
Practical Investors at contact@thepracticalinvestors.com. California residents may reach the
Complaint Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone
at (916) 445-1254 or (800) 952-5210.
_______________________________________________________________________________
Copyright Policy
The Practical Investor, LLC. (“The Practical Investors”) respects the intellectual property rights
of others and expects its users to do the same.
It is The Practical Investors policy, in appropriate circumstances and at its discretion, to disable
and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with
infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found
on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, The
Practical Investors will respond expeditiously to claims of copyright infringement committed
using The Practical Investors proprietary platform, website at www.thepracticalinvestors.com or
mobile app (collectively the “Sites”) that are reported to The Practical Investors Designated
Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act
under any exclusive right under copyright, please report alleged copyright infringements taking
place on or through the Sites by completing the following DMCA Notice of Alleged Infringement
and delivering it to The Practical Investors Designated Copyright Agent. Upon receipt of the
Notice as described below, The Practical Investors will take whatever action, in its sole
discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement
(“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple
copyrighted works are covered by this Notice - you may provide a representative list of
the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity)
and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material, including at a minimum, if
applicable, the URL of the link shown on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. 4.Include both of the following statements in the body of the Notice:
○ “I hereby state that I have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent, or the
law (e.g., as a fair use).”
○ “I hereby state that the information in this Notice is accurate and, under penalty
of perjury, that I am the owner, or authorized to act on behalf of the owner, of
the copyright or of an exclusive right under the copyright that is allegedly
infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to The Practical Investors at
contact@thepracticalinvestors.com.
____________________________________________________________________________
Privacy
Policy
Updated 10/1/2022
Effective as of October 1, 2022
This Privacy Policy (the “Privacy Policy”) describes our information collection and use practices
of The Practical Investors, LLC. (“The Practical Investors,” “we,” “our,” or “us”) in connection
with our Website, App and Platform that allows friends, family and experienced investors to
share their investment knowledge with community Members the Website will allow individual
contributors (the “Contributors”) to post predictions with respect to the future price of publicly
traded stocks, along with a date at which the price is expected to match the prediction. The
Website will be equipped with a mechanism by which Contributors are evaluated on the basis
of how often their predictions came true, and will be subject to a public score that reflects their
prior accuracy. All posts by Contributors will be free to view by visitors to the Website until
Contributors posts are monetized by the platform. Hidden posts can be viewed by visitors to the
Website for a fee, the pricing of which is to be determined.
Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our
Terms of Use.
THE INFORMATION WE COLLECT
In the course of operating the Website, the App, and the Platform, we may collect the following
types of information.
1. INFORMATION YOU PROVIDE TO US
When you register for the Platform to create an account, or contact us, you will be required to
provide us with information about yourself (the “Personal Information”). Such Personal
Information may include your name, address, e-mail address, phone number and other
information. We may also collect information that you voluntarily provide to us, such as
household income range, personal interests, and product and service preferences. If you
register for the Platform using your Facebook or any other social media account provided by a
social media service, we may collect, store, and use any and the information provided to us by
the social media service in accordance with the terms of its privacy policy. Such information
may include, without limitation, your first and last name, username, profile picture, unique social
media identifier and access token, and e-mail address.
2. TRANSACTION INFORMATION
As a Member, when you make a Transaction, we will collect information about your
Transaction, including the date and time of the Transaction, the Transaction amount, and
related information about the Transaction (the “Transaction Information”).
3. INFORMATION COLLECTED AUTOMATICALLY
We may collect additional information automatically when you visit and/or use the Platform
including your Internet protocol (IP) address, user settings, MAC address, cookie identifiers,
mobile carrier, mobile advertising and other unique identifiers, details about your browser,
operating system or device, location information, Internet service provider, pages that you visit
before, during and after using the Platform, information about the links you click, and other
information.
In addition, we may collect data regarding your use of the Platform, such as the types of
content you interact with, information derived from your Groups and your User Content
(including other Members with whom you interact, topics you discuss with your Groups, and
anything else that you post or interact with via the Platform) and the frequency, duration, and
timing of your activities. We may combine your information with information that other people
provide when they use our Platform.
We, as well as third parties that provide content, advertising, or other functionality on the
Platform, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to
automatically collect information through the Platform. Technologies are essentially small data
files placed on your devices that allow us and the third parties to record certain pieces of
information whenever you visit or interact with our Platform. Cookies are small text files placed
in web browsers to store their preferences. Most browsers allow you to block and delete
cookies. However, if you do that, the Platform may not work properly. A pixel tag (also known
as a web beacon) is a piece of code embedded in the Platform that collects information about
engagement on a web page. The use of a pixel allows us to record, for example, that you have
visited a particular web page or clicked on a particular advertisement.
We may also use Google Analytics and other service providers to collect information regarding
behaviors and demographics on the Platform. For more information about Google Analytics,
please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection
and processing of data generated by your use of the Platform by going to
http://tools.google.com/dlpage/gaoptout.
HOW WE USE AND SHARE THE INFORMATION
We use the Personal Information, Transaction Information, and Other Information (collectively,
“Information”) for a variety of business purposes, including to provide you with access to the
Platform and the services available on the Platform, including to:
● Fulfill our contract with you;
● Process information to facilitate your use of the Platform;
● Manage your information;
● To send you SMS messages for purposes of authentication;
● Solicit your feedback;
● Respond to questions, comments, and other requests;
● Provide access to certain areas, functionalities, and features of the Platform;
● Provide you with tailored content and advertisements; and
● Answer requests for customer or technical support.
We may also use the Information to Support Administrative
Purposes, including to:
● Pursue legitimate interests, such as direct marketing, research and development
(including marketing research), network and information security, and fraud prevention;
● Measure interest and engagement in the Platform;
● Develop new products and services;
● Improve our products and the Platform;
● Ensure internal quality control and safety;
● Authenticate and verify individual identity;
● Carry out audits;
● Communicate with you about activities on the Platform and changes to our agreements;
● Prevent and prosecute potentially prohibited or illegal activities;
● Enforce our agreements; and
● Comply with our legal obligations.
In an ongoing effort to better understand our users and our Platform, we may analyze the
Information in de-identified and/or aggregate form in order to operate, maintain, manage, and
improve the Platform. This de-identified and/or aggregate information does not identify you
personally. We may share, sell, and/or license this de-identified and/or aggregate data with our
affiliates, agents, and business partners, and other third parties. We may also disclose
aggregated user statistics in order to describe our products and Platform to current and
prospective business partners and to other third parties for other lawful purposes.
We may employ other third parties to perform functions on our behalf. Categories of third
parties include companies and individuals providing marketing assistance, information
technology support, ID verification, purchasing and selling securities and Virtual Currencies,
maintaining databases, and customer service. Our agreements with these third parties will have
access to the Information only as necessary to perform their functions and to the extent
permitted by law.
We may share your Information with any of our parent companies, subsidiaries, joint ventures,
or other companies under common control with us.
We may share Other Information about your activity on the Platform with third parties for the
purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the
Platform and elsewhere.
Your browsing activity may be tracked across different websites and different devices or apps.
For example, we may attempt to match your browsing activity on your mobile device with your
browsing activity on your laptop. To do this our technology partners may share data, such as
your browsing patterns, geo-location and device identifiers, and will match the information of
the browser and devices that appear to be used by the same person.
As we develop our business, we might sell or buy businesses or assets. In the event of a
corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the
Information may be part of the transferred assets.
To the extent permitted by applicable law, we may also disclose the Information when required
by law, court order, or other government or law enforcement authority or regulatory agency, or
whenever we believe that disclosing such Information is necessary or advisable, for example,
to protect the rights, property, or safety of us, our users, or others.
YOUR CHOICES
You have certain choices about your Personal Information. Where you have consented to the
processing of your Personal Information, you may withdraw that consent at any time and
prevent further processing by contacting us as described below. Even if you opt out, we may
still collect and use non-personal information regarding your activities on the Platform and for
other legal purposes as described above.
We will not share, disclose, or sell your Personal Information or Transactional Information with
non-affiliated third parties that may use such information to market to you, without obtaining
your opt-in consent. For example, we may offer you a product opportunity that requires us to
share your Personal Information or Transactional Information with non-affiliated third parties
that may use such information to market to you. We will obtain your opt-in consent to such
sharing of your Personal Information or Transactional Information when we present you with the
terms of such offer. If you have opted-in for this kind of sharing, then you may: (i) choose to
opt-out of such sharing by contacting us as set forth below; or (ii) request certain information
regarding our disclosure of such information to such non-affiliated third parties by contacting us
as set forth below. Further, if you would like to opt-out of The Practical Investors sharing of your
Information with its affiliates so that such affiliates can use your Information to market to you,
please contact us as set forth below.
You may access, review, and make changes to your Personal Information by following the
instructions found on the Platform. In addition, you may manage your receipt of marketing and
non-transactional communications by clicking on the “unsubscribe” link located on the bottom of
any The Practical Investors marketing email. Members cannot opt out of receiving transactional
e-mails related to their account; however, you can delete your account and/or change your
email.
We may send you push notifications through our mobile application. You may at any time
change your preferences from receiving these types of communications by changing the
settings on your mobile device. We may also collect location-based information if you use our
mobile applications. You may update this by changing the settings on your mobile device.
You may stop or restrict the placement of Technologies on your device or remove them by
adjusting your preferences as your browser or device permits. The online advertising industry
also provides websites from which you may opt out of receiving targeted ads from data partners
and other advertising partners that participate in self-regulatory programs. You can access
these and learn more about targeted advertising and consumer choice and privacy, at
www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices/. To
separately make choices for mobile apps on a mobile device, you can download DAA’s
AppChoices application from your device’s app store. Alternatively, for some devices you may
use your device’s platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements
on third party websites that contain the AdChoices link may have been directed to you based
on information collected by advertising partners over time and across websites. These
advertisements provide a mechanism to opt out of the advertising partners’ use of this
information for interest-based advertising purposes.
YOUR PRIVACY RIGHTS
In accordance with applicable law, you may have the right to:
● Access Information about you consistent with legal requirements. In addition, you may
have the right in some cases to receive or have your electronic Information transferred
to another party;
● Request correction of your Personal Information where it is inaccurate or incomplete;
● Request deletion of your Personal Information, subject to certain exceptions prescribed
by law; and
● Request restriction of or object to processing of your Personal Information, including the
right to opt in or opt out of the sale of your Personal Information to third parties, if
applicable, where such requests are permitted by law.
If you would like to exercise any of these rights, please log into your account or contact us as
set forth below. We will process such requests in accordance with applicable laws. To protect
your privacy, we will take steps to verify your identity before fulfilling your request.
DATA RETENTION
We store the personal information we receive as described in this Privacy Policy for as long as
you use the Platform or as necessary to fulfill the purpose(s) for which it was collected, provide
our services on the Platform, resolve disputes, establish legal defenses, conduct audits, pursue
legitimate business purposes, enforce our agreements, and comply with applicable laws.
HOW WE PROTECT YOUR INFORMATION
We take commercially reasonable steps to protect the Information from loss, misuse, and
unauthorized access, disclosure, alteration, or destruction. We maintain physical, electronic,
and procedural safeguards that comply with applicable state and federal laws and regulations
to guard non-public personal financial information from unauthorized access, use, and
disclosure. Please understand, however, that no security system is impenetrable. We cannot
guarantee the security of our databases, nor can we guarantee that the Information you supply
will not be intercepted while being transmitted to and from us over the Internet.
IMPORTANT NOTICE TO NON-U.S. RESIDENTS
The Platform and our servers are operated in the United States. Please be aware that your
Information may be transferred to, processed, maintained, and used on computers, servers,
and systems located outside of your state, province, country, or other governmental jurisdiction
where the privacy laws may not be as protective as those in your country of origin. If you are
located outside the United States and choose to use the Platform, you do so at your own risk.
CHILDREN
The Services are not directed to children under 18 (or other age as required by local law), and
we do not knowingly collect personal information from children. If you learn that your child has
provided us with personal information without your consent, you may contact us as set forth
below. If we learn that we have collected any personal information in violation of applicable
law, we will promptly take steps to delete such information and terminate the child’s account.
The Practical Investors does not monitor, recognize, or honor any opt-out or do not track
mechanisms, including general web browser “Do Not Track” settings and/or signals.
EXTERNAL WEBSITES
The Platform may contain links to third-party websites. The Practical Investors has no control
over the privacy practices or the content of any of our business partners, advertisers, sponsors,
or other websites to which we provide links. As such, we are not responsible for the content or
the privacy policies of those third-party websites. You should check the applicable third-party
privacy policy and terms of use when visiting any other websites.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may
change this Privacy Policy from time to time, and will notify you as required by applicable law
and post any changes on the Platform as soon as they go into effect. By accessing the Website
or app or using the Platform after we make any such changes to this Privacy Policy, you are
deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular
basis.
HOW TO CONTACT US
If you have questions about this Privacy Policy, please e-mail us at
contact@thepracticalinvestors.com.