THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES REGARDING YOUR USE OF THE SERVICES (AS HEREINAFTER DEFINED). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.
PerfectTrade LLC ("we," "us" or "PerfectTrade LLC”) provides the website known as Stops & Targets.com (“Stops and Targets” or the “website”) and other information, including email newsletters and all other information and services provided in connection therewith, subject to your compliance with the terms and conditions set forth in this Agreement. Your access and use of Stops and Targets shall be referred to as the "Services".
By using the Services, you agree to be bound by this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not use the Services.
You must be at least 18 years of age to access and use the Services.
This Agreement is made between PerfectTrade LLC and you, the user and/or member of the Services ("you").
We reserve the right at any time to: (a) change the terms and conditions of this Agreement; (b) change the Services, including eliminating or discontinuing any content on or feature of any of the Services; or (c) change any fees or charges for use of the Services. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Your continued use of the Services will be deemed acceptance of any change or modification of the terms and conditions of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
The Services provided are for general informational purposes only. None of the Services is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The Services should not be relied upon for purposes of making any transaction in or related to any security or other investment. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.
When U.S. exchanges are open, stock and fund quotes are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment, you should consult with a qualified broker or other financial professional to verify pricing information.
Registration for Membership. To have access to the website and Services, you must be or become a member. When and if you register to become a member, you agree to: (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.
As part of the registration process, you will be asked to select a username and password. PerfectTrade LLC may revoke or refuse to grant you a username for any reason, including your impersonation of someone else, your use of the Services in any manner that may be illegal or result in any illegal activity, that may result or potentially result in a violation of trademark or other proprietary rights law, that is vulgar or otherwise offensive, or that causes or may cause confusion, all as determined by us in our sole discretion. You agree not to share, transfer or resell your username and password or to otherwise provide use of or access to the Services to any third party.
If you are a Stops & Targets member and you have reason to believe that your account is no longer secure you must promptly change your password by updating your account information and immediately notifying us thereof via electronic mail at firstname.lastname@example.org. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Payment and Renewal. Current subscription rates and charges for the Services are available via electronic mail at email@example.com or on the Stops & Targets Sign-up page. Payment for your subscription is due in advance of the subscription period you select. Your subscription will be charged and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card, debit card or other payment account you designated during the registration process (or subsequently change) unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your use of the Services in accordance with your subscription (including any applicable taxes) at the rates in effect when the charges were incurred. You have 90 days from the date that any discrepancy in your statement or any invoice first appears to notify us of such discrepancy; after that time, all charges will be deemed correct. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all costs of collection incurred by us, including any attorneys' and collection agency fees. There are no refunds on subscriptions. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
Cancellation. You may cancel your subscription to the Services by notifying our Billing Department on your Account Settings Page or via electronic mail at firstname.lastname@example.org. Cancellation will take effect no later than 3 business days after we receive your notification.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. PerfectTrade LLC may terminate this Agreement and/or your access to and use of the Services or any portion thereof immediately in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right at any time to terminate this Agreement in whole or in part with or without cause. Upon termination by us without cause we will reimburse any whole months’ remaining on your subscription.
Code of Conduct. While using the Services you agree not to: (a) restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Services; (b) use the Services for any unlawful purpose; (c) express or imply that any statements you make are endorsed by us without our prior written consent; (d) transmit (i) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or which infringes on our or any third party's intellectual property or other rights; (ii) any material non-public information about any company, fund or other investment without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); (v) any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (e) engage in spamming or flooding; (f); modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; (g) remove any copyright, trademark, or other proprietary rights notices contained in the Services; (h) "frame", "mirror" or link to any part of the Services without our prior written authorization; (i) use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; (j) harvest or collect information about the Services or any visitor, member or prospective member of the Services without their express written consent; or (k) permit anyone whose account or subscription was cancelled or terminated to use any of the Services through your subscription, username or password. While using the Services, you agree to comply with all applicable laws, rules and regulations.
Submissions. Please note that, because we receive many emails and suggestions from our members and sometimes use and redistribute such content and other materials you give us we need to obtain certain rights in those Materials (as hereinafter defined). By sending or transmitting to us suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), you grant us and our designees a worldwide, non-exclusive, sub-licensable (including through multiple tiers), assignable, royalty-free, perpetual, and irrevocable right to use, reproduce, distribute (including through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import or export such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the Materials. None of the Materials provided or otherwise disclosed by you shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Services and Tools. Your use of the Services may be governed by additional rules which are available on Stops & Targets.com, or by hyperlink from other sites, in connection with the Services. By using the Services or any portion thereof you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all Services is solely at your risk.
Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Services are governed by specific rules, laws and regulations. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules, laws and regulations and you are solely responsible for compliance therewith. Furthermore, your participation in such sweepstakes, contests or games constitutes your consent that your participation is not in violation of the rules, laws and regulations of the state in which you reside.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material hosted by PerfectTrade LLC infringes your copyright in such material, you may send us a notice requesting that the material be removed or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent via electronic mail to: email@example.com We strongly suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that you are subject to penalties for false claims under the DMCA.
Ownership and Restrictions on Use. The Services, the Stops and Target name and all content provided on the website are owned and operated by us or in conjunction with others pursuant to contractual arrangements and are subject to copyright. 2009 PerfectTrade LLC All Rights Reserved. You may only access and use the materials on the Services and download and/or print out only one copy of any materials on the Services solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Services in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights to any of the content on the Services by using the Services.
Stops & Targets is a trademark and/or service mark of PerfectTrade LLC. All other trademarks, service marks, and logos used and not owned by Stops & Targets are the trademarks, service marks, or logos of their respective owners.
Jurisdictional Issues. The Services are solely directed to individuals residing in the United States. We make no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Links to Other Websites. Stops & Targets may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimers. THE SERVICES, THE MATERIALS PROVIDED BY THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PERFECTTRADE LLC AND ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, SPONSORS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
PERFECTTRADE LLC AND ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER ON WHICH STOPS & TARGETS, AND ITS AFFILIATED SITES, ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PERFECTTRADE LLC OR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, SPONSORS, AGENTS, REPRESENTATIVES, MEMBERS, OR VISITORS, WHETHER MADE THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND ANY MATERIALS PROVIDED BY THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that email is not 100% reliable. There may be times where you do not receive an email communication from Stops & Targets. You agree that the email service is provided as a convenience and that the primary source of the Services is the Stops & Targets website. You agree that it is your responsibility, if you do not receive any expected email communication, to check any spam filters or folders and to access any Stops & Targets information on the Stops & Targets website at www.stopsandtargets.com using your assigned username and password. PerfectTrade LLC is not responsible for your failure to receive any specific email communication.
A possibility exists that the Services could include inaccuracies or errors, or materials that violate this Agreement (including, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although we attempt to ensure the integrity of the Services, we make no guarantees as to the Services' completeness or correctness. In the event that you become aware of any inaccuracies or errors or any unauthorized alterations, please contact us via electronic mail to legal@ perfecttrade.net with, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
Limitation of Liability. NEITHER PERFECTTRADE LLC NOR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, SPONSORS, AGENTS OR REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT CONTAINED ON THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT CONTAINED WITHIN THE SERVICES IS TO STOP USING THE SERVICES. PERFECTTRADE LLC’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO PERFECTTRADE LLC TO ACCESS THE SERVICES.
Indemnification. You agree to indemnify, defend and hold harmless PerfectTrade LLC, its officers, directors, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, the content of the Services or the use of any information obtained from PerfectTrade LLC regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in front of one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Hillsborough County, Florida.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Hillsborough County, Florida, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Agreement, together with policies referred to herein, constitutes the entire Agreement between you and us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.
Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Please feel free to contact PerfectTrade LLC to resolve a complaint regarding any aspect of the Service by writing to us at firstname.lastname@example.org or by calling 813-438-4043, or you may write us at the following address: or you may write us at the following address: 3959 Van Dyke Road, Suite 124, Lutz, FL 33558. To receive assistance with a complaint you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 or by calling 1-800-952-5210.
Pricing Information. Current rates for our Services may be obtained via electronic mail at email@example.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement. Queries should be directed to: firstname.lastname@example.org