TERMS AND CONDITIONS FOR THE ONLINE SALE OF FEATURES, PRODUCTS OR SERVICES
THIS TERMS OF SALE IS THE USER AGREEMENT FOR THE BELOW-DEFINED DELIVERABLES MADE AVAILABLE TO YOU BY KINGSCROWD, INC. AND ITS AFFILIATES. THIS IS ALSO WHERE YOU WILL FIND POSTED UPDATES TO THIS USER AGREEMENT IN THE FUTURE.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR FEATURES, PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO ACT ON BEHALF OF AND TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN FEATURES, PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KINGSCROWD, INC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR DELIVERABLES BY APPLICABLE LAW OR REGULATION.
These terms and conditions (these “Terms“) apply to the purchase and sale of features, products, services or the like (a “Deliverable” or the “Deliverables”) through kingscrowd.com (the “Site“). These Terms are subject to change by KingsCrowd, Inc. and its affiliates (referred to as “KingsCrowd“, “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any Deliverables that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Deliverables through this Site (see Section 8).
1. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all Deliverables listed in your order. All orders must be accepted by us or we will not be obligated to sell the Deliverables to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Prices and Payment Terms.
A. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Deliverable will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders and refund any payments arising from such occurrences.
B. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
C. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases via stripe.com. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) you will not dispute charges incurred by you and charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3. Orders.
A. Your order will generally be processed in 1-2 business days from the date it was placed.
B. All newsletters, reports and courses will be sent to you digitally unless otherwise specified on the order form at time of purchase. You will generally receive an email confirmation within one hour of placing your order. This email will contain links to reports promised or purchased, or information on how to access them, including access to the subscribers-only website at that time.
4. Cancellation; Returns and Refunds; Automatic Renewal.
A. Refunds.
1. Refunds of single use or one time Deliverables must be requested prior to the time such Deliverable is provided to you; after such Deliverable is provided to you, no refund or return is permitted.
2. Refunds of monthly Deliverables must be requested within ten (10) days of billing. We are not obligated to provide a refund after ten (10) days from your date of billing.
3. Refunds of annual Deliverables must be requested within thirty (30) days of billing. We are not obligated to provide a refund after thirty (30) days from your date of billing.
4. Refunds of lifetime Deliverables must be requested within ten (10) days of billing. We are not obligated to provide a refund after ten (10) days from your date of billing.
5. To cancel monthly or annual Deliverables, please follow the cancellation instructions in your profile on the Site. If you have additional questions related to cancellation or a refund of Deliverables, please contact help@kingscrowd.com.
B. Automatic Renewal.
Other than as described elsewhere in this Section 4, unless you notify us that you wish to cancel your order before the end of its then-current order term, your order will continue to automatically renew for successive terms for the same duration and your credit card will be charged for each such renewal at the fee for the Deliverable you have selected in effect at the time of that renewal.
C. Termination, Cancellation and Other Actions by Us.
We have the right, but not the obligation, to monitor any activity and content associated with the Deliverables. We may investigate any reported violation of these terms and conditions and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to and use of the Deliverables. We are entitled to terminate your paid or unpaid subscriptions or orders and access to our websites at any time without notice. Provided you have not breached these terms and conditions, if we terminate a paid subscription of a fixed term, we will refund the unused portion of your applicable subscription fee. From time to time, we may offer Deliverables for terms described as “lifetime”, “lifetime membership” or similar terms; in each of these cases, the term of such Deliverable shall be the life of the Deliverable offered by us. If you wish to cancel your subscription, you may contact our Member Services Team at help@kingscrowd.com.
5. Warranty and Disclaimers.
Any advice we provide is contained in publications of a general and impersonal nature (such advice is not adapted to any specific portfolio or your particular needs or circumstances), is “bona fide” or genuine (such advice contains disinterested commentary and analysis as opposed to promotional material) and is of general and regular circulation (it is not timed to specific market activity or to events affecting, of having the ability to affect, the securities industry). We do not assess the suitability or appropriateness of any investment in light of your personal circumstances, including your knowledge and understanding, financial strength, tax liability, or appetite for risk.
The Deliverables purchased by you are for informational and illustrative purposes only and do not purport to provide any financial advice whatsoever. You may not rely on the statements contained therein and the Deliverables should not be regarded as investment advice or as a recommendation regarding any particular security or course of action. Any opinions expressed on the Site are current opinions as of the date appearing in the material only and are subject to change without notice. Reasonable people may disagree about the opinions expressed on the Site. If any of the assumptions used on the Site do not prove to be correct, results are likely to vary substantially. There is no guarantee that an investment in any company referenced on the Site will achieve the desired results under market conditions and you should evaluate your ability to invest and assume the risks of any investment you choose to make. No representation is being made that the companies referenced on the Site will or are likely to achieve profits, losses, or results similar to those discussed, if any.
The information shared on the Site is provided with the understanding that, with respect to the material provided, you will make your own independent decision with respect to any course of action in connection therewith and as to whether such course of action is appropriate or proper based on your own judgment and personal circumstances, and that you are capable of understanding and assessing the merits of a course of action and related risks.
We do not purport, in any fashion, to provide tax, accounting, actuarial, recordkeeping, legal, investment, advisory or any related advice or services. The Company shall not have any liability for any damages of any kind whatsoever relating to any Deliverable, this Site or this material. Before you invest in any company reference on the Site, you should conduct your own due diligence and come to your own conclusions as to the risks and possible outcomes of such investment. If you need guidance on interpreting our advice in light of your personal circumstances, you should seek independent advice from an appropriately qualified professional. You should also interpret the information shared on the Site in light of the risk warnings that are contained within it and within these Terms.
ALL DELIVERABLES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
6. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE DELIVERABLES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
7. Not for Resale or Export; Ownership.
You represent and warrant that you are buying Deliverables the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for locations within the United States. Copyright in all information, text and images featured in the Deliverables, is owned by or licensed to us (“Our Content”). Provided that you acknowledge us as the source of the information, you are entitled to save or download one copy of any of Our Content for the purposes of reference, but you are not entitled to make or distribute any further copies of the work. All property rights remain with us. Other than as provided in these Terms , you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, or use for any public or commercial purpose any of Our Content without our prior written permission.
8. Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy, https://kingscrowd.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of Deliverables through the Site.
9. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction.
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
11. Dispute Resolution and Binding Arbitration.
YOU AND KINGSCROWD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF DELIVERABLES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
A. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
B. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KINGSCROWD WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of KingsCrowd.
14. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices.
A. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
B. To Us. To give us notice under these Terms, you must contact us as follows: email help@kingscrowd.com.
16. Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement.
Our order confirmation, these Terms, the license agreement relating to any Deliverable and any other thing you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.