STOCKRING TERMS OF USE
Last Updated July 20, 2020
IMPORTANT! PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY PRIOR TO USING THE StockRing SUBSCRIPTION (“SUBSCRIPTION”). THESE TERMS OF SERVICE ARE A LEGALLY BINDING AGREEMENT BETWEEN StockRing, Inc. (“StockRing,” “US” OR “WE”) AND YOU CONCERNING THE SUBSCRIPTION AND APPS AVAILABLE FOR DOWNLOAD AND INTERACT WITH THE SUBSCRIPTION (“APPS”). BY USING THE SUBSCRIPTION, AND FEATURES YOU ARE UNCONDITIONALLY AGREEING TO THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE SUBSCRIPTION OR THE APPS.
1. GRANT OF LICENSE
1.1 For the annual or monthly SUBSCRIPTION fees paid by You, during the Term of Your SUBSCRIPTION, StockRing grants You a single, non-exclusive, non-transferable, revocable and limited license to access and use SUBSCRIPTION and APPS and to receive any data and information provided by the SUBSCRIPTION solely for your personal, non-commercial use. You may download or install the APPS and any data, information, and services provided by the SUBSCRIPTION to as many personal Apple TVs, iPhones, and iPads as you wish to the extent APPS available.
2. TERM AND TERMINATION
2.1 This Agreement shall commence upon first installation of APPS by You, whether the APPS are provided as a trial copy, as a fully licensed version, or any other form. Your use of any form, part, or portion of the APPS or SUBSCRIPTION, whether temporary or not, is considered acceptance of this Agreement in its entirety.
2.2 StockRing reserves the right to increase the annual and monthly subscription fees from time to time, and to apply any new subscription fees at the time of renewal of Your monthly or annual SUBSCRIPTION.
2.3 Your SUBSCRIPTION will continue until canceled or terminated as provided herein. UNLESS YOU CANCEL via Apple iTunesL, THE SUBSCRIPTION WILL AUTOMATICALLY RENEW ON PERIODIC BASIS; INCLUDING ANY MONTHLY OR ANNUAL FEES, AS LONG AS WE CONTINUE TO CARRY THE SERVICE.
2.4 You may cancel the SUBSCRIPTION at any time, at-will. Upon termination by You, Apple will cancel any monthly or annual subscription You may have on the date of expiration of the current monthly period or annual period. No refunds will be given.
3. LIMITED WARRANTY AND REPRESENTATIONS
3.1 EXCEPT AS PROVIDED ABOVE AND SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE STATE LAW, STOCKRING DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY, OR NON-INFRINGEMENT OF THE APPS AND SERVICE AND ANY RELATED PRODUCTS AND SERVICES AND ANY WARRANTY COVERAGE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPS OR SERVICE OR ANY RELATED PRODUCTS AND SERVICE. STOCKRING SPECIFICALLY DISCLAIMS WARRANTY COVERAGE FOR ANY INFORMATION OR DATA PROVIDED THROUGH THE APPS OR SUBSCRIPTION. EXCEPT AS OTHERWISE PROVIDED ABOVE, THE APPS, SUBSCRIPTION, THE USER GUIDES OR OTHER DOCUMENTATION, ANY RELATED PRODUCTS AND SERVICES AND THE DATA AND INFORMATION, DOWNLOADED OR OTHERWISE AVAILABLE PURSUANT TO THIS AGREEMENT ARE ALL PROVIDED “AS IS.” YOU ARE ASSUMING TOTAL RESPONSIBILITY FOR YOUR USE OF THE SUBSCRIPTIONS AND APPS AND FOR ANY TRADING LOSSES OR LOSS OF PROFITS, GOODWILL, USE, DATA, AND FOR ALL OTHER INTANGIBLE LOSSES OF ANY KIND OR NATURE, REGARDLESS OF CAUSE. ANY WARRANTIES ARISING IN THE COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. STOCKRING DOES NOT WARRANT THAT THE SERVICES OR APPS WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
4. LIMITATION AND WAIVER OF LIABILITY
4.1 IN NO EVENT WILL STOCKRING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) FOR ANY TORT, CONTRACT OR ANY OTHER DAMAGE OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THE APPS, SERVICES, STOCKRING WEBSITES, DATA, INFORMATION OR RELATED PRODUCTS OR SERVICES PROVIDED BY STOCKRING OR ITS EMPLOYEES OR AGENTS, EVEN IF WE ARE SOLELY NEGLIGENT. STOCKRING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF STOCKRING HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY TRADING LOSSES OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THE APPS OR SERVICE, INCLUDING THE INABILITY TO MAKE A TRADE OR TO MAKE A TRADE AT A PARTICULAR PRICE, OR OTHERWISE IN CONNECTION WITH TRANSACTIONS ENTERED INTO THROUGH OR FROM OR IN RELIANCE UPON THE APPS OR THE SERVICE; (ii) THE ACCURACY OF ANY DATA RELATED TO OR PROVIDED IN ASSOCIATION WITH THE APPS OR SERVICE, INCLUDING ANY ERRORS OR OMISSIONS CAUSED BY STOCKRING’S OWN NEGLIGENCE; (iii) ANY INVESTMENT OR TRADING ADVICE PROVIDED BY STOCKRING EMPLOYEES OR AGENTS; (iv) THE COST OF GETTING SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ISSUES, ERRORS OR THE INABILITY TO USE ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM STOCKRING; OR (v) FOR ANY OTHER CLAIM BY YOU OR ANOTHER PARTY RELATED TO THE APPS, SERVICE, OR ANY RELATED PRODUCTS OR SERVICES. YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF AND RELIANCE ON THE APPS AND SERVICE OR ON ANY OTHER RELATED PRODUCTS OR SUBSCRIPTIONS, AND YOU ASSUME THE ENTIRE RISK AS TO THE USE, FAILURE AND LOSS OF ANY AND ALL DATA CONNECTIONS. IT IS YOUR RESPONSIBILITY TO DETERMINE THAT THE APPS AND SERVICE SUFFICIENTLY MEET YOUR REQUIREMENTS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST STOCKRING FOR BREACH OF CONTRACT, BREACH OF WARRANTY (EXCEPT FOR THE LIMITED WARRANTY IN SECTION 3.1 AND THE REMEDIES THEREFOR), OR NEGLIGENCE, RELATED TO THE APPS, THE SUBSCRIPTION, OR ANY RELATED PRODUCTS OR SERVICES.
ALTHOUGH STOCKRING TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON ITS WEBSITES AND THROUGH ITS APPS AND SERVICE, THERE MAY FROM TIME TO TIME BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS, AS WELL AS DATA AND INFORMATIONAL ERRORS. STOCKRING RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME TO ANY ERRORS, WITHOUT NOTICE OR LIABILITY TO YOU OR ANY THIRD PARTY. IN ADDITION, STOCKRING MAY MAKE CHANGES TO INFORMATION OR DATA AT ANY TIME BUT MAKES NO COMMITMENT TO UPDATE THE INFORMATION OR DATA PROVIDED BY STOCKRING AS PART OF THE APPS OR SERVICE OR AS PART OF ANY OTHER RELATED PRODUCTS OR SERVICES. THE INFORMATION AND DATA PROVIDED THROUGH STOCKRING’S APPS, SERVICE, AND ANY OTHER RELATED PRODUCTS AND SUBSCRIPTIONS, IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” STOCKRING DOES NOT REPRESENT, WARRANT OR GUARANTEE, AND HEREBY DISCLAIMS ALL LIABILITY FOR, AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR YOUR RELIANCE ON, THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE APPS, SERVICE, DATA, INFORMATION, TEXT, GRAPHICS, LINKS, FUNCTIONALITY, STOCKRING WEBSITES, STOCKRING ONLINE™, STOCKRING PROTRADER™, STOCKRING PROGRAPHICS™, STOCKRING OPTIONS ANALYZER™, STOCKRING REALTIME™, STOCKRING ROBOTRADER™ , STOCKRING U.S.™, STOCKRING CANADA™, STOCKRING EUROPE™, STOCKRING U.K.™, STOCKRING AUSTRALIA™, THE “TRADE NOW” FUNCTIONALITY, OR ANY OTHER ITEMS, GOODS, SEVRICES OR FUNCTIONALITY PROVIDED BY STOCKRING. STOCKRING EXPRESSLY DISCLAIMS ALL LIABILITY FOR, AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR, ERRORS, INACCURACIES, UNRELIABILITY, OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, OR ACTIONS TAKEN OR NOT TAKEN BASED ON ANY DATA OR INFORMATION CONTAINED IN THE APPS, THE SERVICE, ANY STOCKRING WEBSITES, STOCKRING ONLINE™, STOCKRING PROTRADER™, STOCKRING PROGRAPHICS™, STOCKRING OPTIONS ANALYZER™, STOCKRING REALTIME™, STOCKRING ROBOTRADER™ , STOCKRING U.S.™, STOCKRING CANADA™, STOCKRING EUROPE™, STOCKRING U.K.™, STOCKRING AUSTRALIA™, THE “TRADE NOW” FUNCTIONALITY, OR ANY OTHER ITEMS, GOODS, SEVRICES OR FUNCTIONALITY PROVIDED BY STOCKRING, EVEN IF THE RESULT OF OUR NEGLIGENCE.
IN NO EVENT SHALL STOCKRING LIABILITY UNDER THIS AGREEMENT, IF ANY, EXCEED THE SUBSCRIPTION FEE PAID BY YOU FOR THE SPECIFIC SERVICE TERM IN WHICH THE ALLEGED EVENT CREATING LIABILITY AROSE.
EXCEPT AS LIMITED OR RESTRICTED ELSEWHERE BY THIS AGREEMENT, THE PREVAILING PARTY IN ANY LITIGATION OR ARBITRATION ARISING OUT OF THIS AGREEMENT SHALL BE PAID, IN ADDITION TO ANY OTHER RELIEF, ITS REASONABLE ATTORNEYS FEES FOR SUCH LITIGATION OR ARBITRATION, BY THE NON-PREVAILING PARTY, WITHIN THIRTY DAYS OF THE FINAL CONCLUSION OF THE PROCEEDING.
5. DISCLAIMER
5.1 STOCKRING PRODUCTS AND SERVICES ARE COMPRISED IN PART OF REPORTS EMBODYING A UNIQUE SYSTEM OF STOCK ANALYSIS. ALL CONTENTS AND RECOMMENDATIONS CONTAINED IN STOCKRING PRODUCTS OR SERVICES ARE BASED ON DATA AND SOURCES BELIEVED TO BE RELIABLE, BUT ACCURACY AND COMPLETENESS CANNOT BE GUARANTEED. ALL APPS, SERVICE, INFORMATION, DATA, REPORTS AND CONTENT PROVIDED BY STOCKRING ARE FOR INFORMATIONAL, EDUCATIONAL, AND/OR ENTERTAINMENT PURPOSES ONLY AND ALLOW YOU TO EVALUATE, OR TO MAKE INDEPENDENT DECISIONS CONCERNING, INVESTMENT STRATEGIES. IN PARTICULAR, YOU AGREE THAT THE STOCKRING, IN PROVIDING THE APPS, HAS NOT ACTED AND IS NOT ACTING AS YOUR FIDUCIARY OR PROVIDED (OR HELD ITSELF OUT AS PROVIDING) ADVICE RESPECTING PARTICULAR INVESTMENT DECISIONS, AND THAT THE APPS SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY INVESTMENT DECISION MADE BY YOU. SPECIFICALLY, NOTHING ON STOCKRING’S WEBSITE, OR IN THE APPS OR AS PART OF THE SERVICE, IS A RECOMMENDATION, ADVICE, OR SOLICITATION TO BUY, SELL OR HOLD STOCKS, SECURITIES, BONDS, FUTURES OR OTHER INVESTMENTS OR FINANCIAL INSTRUMENTS. YOU SHOULD NOT CONSTRUE ANY DATA OR INFORMATION PROVIDED BY STOCKRING AS LEGAL, TAX, INVESTMENT, FINANCIAL OR OTHER ADVICE.
5.2 STOCKRING REPRESENTATIVES ARE NOT AUTHORIZED, TRAINED OR PERMITTED TO PROVIDE INVESTMENT OR TRADING ADVICE OR TO SOLICIT ORDERS. STOCKRING IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN AS A RESULT OF ANY INVESTMENT OR TRADING INFORMATION OR ADVICE PROVIDED BY A STOCKRING REPRESENTATIVE OR EMPLOYEE AS A RESULT OF COMMUNICATIONS FROM OR TO YOU VIA EMAIL, TELEPHONE OR OTHERWISE, AND SUCH INFORMATION OR ADVICE RECEIVED BY YOU SHOULD NOT BE RELIED UPON OR CONSIDERED ACCURATE FOR ANY REASON.
5.3 YOU AGREE THERE ARE RISKS INVOLVED IN IMPLEMENTING INVESTMENT STRATEGIES AND STOCK INVESTMENTS IN GENERAL. YOU AGREE THAT FUTURE RESULTS MAY NOT BE PROFITABLE OR EQUAL TO REPRESENTATIONS OF PAST PERFORMANCE WHETHER REAL, INDICATED OR IMPLIED. IN ADDITION, YOU ACKNOWLEDGE THAT DETRIMENTAL FINANCIAL RESULTS MAY OCCUR THROUGH USE OF THE APPS OR SERVICE AND ACCEPT ALL FINANCIAL CONSEQUENCES RESULTING FROM SUCH USE OF THE APPS AND SERVICE. YOU ALONE ASSUME SOLE RESPONSIBILITY FOR ANY INVESTMENT DECISIONS YOU MAKE BASED ON THE APPS, THE SERVICE, OR ANY DATA, INFORMATION, PRODUCTS OR SUBSCRIPTIONS PROVIDED BY STOCKRING. STOCKRING, ITS EMPLOYEES, AGENTS, OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY LOSSES YOU MAY INCUR AND YOU AGREE NOT TO HOLD STOCKRING LIABLE OR RESPONSIBLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON DATA OR INFORMATION MADE AVAILABLE TO YOU BY STOCKRING, THE APPS, THE SUBSCRIPTION, OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY STOCKRING, EVEN IF WE ARE SOLELY NEGLIGENT.
5.4 YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR PROCURING ALL EQUIPMENT, CONNECTIONS AND OTHER APPS PRODUCTS WHICH MAY BE NECESSARY FOR YOUR USE OF THE APPS AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE FOREGOING. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR PROTECTING YOUR DATA AND FOR ENSURING THAT YOUR DATA IS APPROPRIATELY BACKED UP.
5.5 STOCKRING DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ANY NETWORK. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET PROVIDED BY OR CONTROLLED BY THIRD PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES OR OTHER PERSONS CAN IMPAIR OR DISRUPT CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). STOCKRING SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY LOSS OF A DATA CONNECTION OR ANY FAILURE OF A TRANSACTION DUE TO ANY SUCH LOSS OF A DATA CONNECTION. ACCORDINGLY, STOCKRING DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
5.6 THE DISCLAIMER OF WARRANTY, LIABILITY AND OTHERWISE CONTAINED IN THIS AGREEMENT CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE APPS OR SERVICE, INFORMATION, DATA OR AND ANY RELATED PRODUCTS AND SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.
6. INDEMNIFICATION
You agree to indemnify and hold the StockRing harmless from and against any third party claims, and all liabilities, assessments, losses, costs or damages resulting therefrom which are awarded or paid in settlement to such third party, as well as the expenses of any legal proceeding related thereto, to the extent such third party claims relate to (i) your use of the APPS (including where the APPS contributed to or caused the alleged damage), (ii) modification of the APPS other than by the StockRing, or (iii) your violation of laws and regulations related to use of the APPS, including, without limitation, any export, securities and futures laws and regulations.
7. MISCELLANEOUS
7.1 When You use the SERVICE, You are communicating with us electronically. We may communicate with You, and you consent to receive such communication, through the SERVICE or via email. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
7.2 Force Majeure. StockRing shall not be liable to You for any failure to perform under this Agreement or for the failure of any StockRing products or SUBSCRIPTIONs, if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, or of the public enemy, war, civil disturbance, terrorism, act of any government, de jure or de facto, or agency or official thereof, labor shortage, transportation contingencies, interruptions of power or communications, internet slowdowns or failures, unusually severe weather, default of manufacturer or a supplier as subcontractor, quarantine restrictions, epidemic, or catastrophe, or lack of timely instructions or essential information from the other party.
7.3 Forum for Disputes or Claims Related to This Agreement; Waiver of Legal Right to Trial and to Class Action; Right to Opt out of Arbitration or from Bar on Class Action. Any dispute or claim raised by You arising out of or relating to this Agreement or the subject matter hereof will be submitted only to binding arbitration on a confidential basis, conducted strictly in accordance with the terms of this Agreement and the substantive law of the State of California. The arbitration venue and all related hearings will be in Irvine, California. The parties agree that the arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association. Unless You and StockRing concur in the appointment of a single arbitrator, the matter of difference shall be referred to three (3) arbitrators appointed to hear the case pursuant to the procedures set forth in the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators must base their decision with respect to the difference before them on the contents of this Agreement, and the decision of any two of the three arbitrators shall be binding on both You and StockRing. Judgment upon the award rendered by the arbitrator(s) may be entered and enforced in any court of competent jurisdiction. Neither You or StockRing will be precluded hereby from seeking equitable provisional remedies in the courts of any jurisdiction including, but not limited to, temporary restraining orders and preliminary injunctions, but such equitable remedies will not and may not be sought to avoid or stay arbitration. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO FILE A LAWSUIT AGAINST STOCKRING IN A COURT OF LAW. ANY DISPUTE OR CLAIM RAISED BY STOCKRING HOWEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL AT STOCKRING’S SOLE CHOICE AND DISCRETION, EITHER BE SUBMITTED TO BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 10.3, OR FILED AS A LAWSUIT IN THE APPROPRIATE FEDERAL OR STATE COURT. YOU HEREBY AGREE TO THIS DIFFERENCE IN THE AVAILABILITY OF AND FORUM FOR RELIEF FOR DISPUTED CLAIMS BETWEEN YOURSELF AND STOCKRING, AS SET FORTH IN THIS SECTION. YOU FURTHER AGREE NOT TO PURSUE OR BE THE PLAINTIFF OR REPRESENTATIVE IN ANY CLASS ACTION CASES OR LITIGATIONS AGAINST STOCKRING ANYWHERE WORLDWIDE, RELATED TO THE SERVICE, OR TO ANY STOCKRING CONDUCT, PRODUCTS OR SUBSCRIPTIONS. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO BE INVOLVED IN ANY CLASS ACTION AGAINST STOCKRING.
7.4 Governing Law and Venue. Except as relates to any federal law causes of action, this Agreement shall be governed in all respects by the substantive laws of the State of California, but excluding the application of California’s choice of law provisions. Any arbitration or provisional equitable action commenced by You, or arbitration, equitable, or other legal action in a court of law commenced by StockRing, arising out of or relating to this Agreement, shall be commenced in or as close as possible to Irvine, CA. In any action commenced by StockRing in a court of law You irrevocably hereby submit and consent to and agree not to contest, object to, or challenge, the personal jurisdiction over You, by any court in Irvine, California, in which such action is filed, as well as to the venue of such court, and you hereby waive any and all defenses, challenges, or objections related to personal jurisdiction and venue. NO ACTION, REGARDLESS OF FORM, RELATING IN ANY MANNER TO THE APPS, THE SERVICE OR OTHERWISE TO THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED. FOR PURPOSES OF THIS SECTION, A CAUSE OF ACTION IS DEEMED TO HAVE ACCRUED WHEN YOU KNEW OR REASONABLY SHOULD HAVE KNOWN ABOUT THE BREACH OR CLAIMED BREACH.
7.5 Enforceability. You agree the Agreement and all terms and conditions herein are enforceable and are not unconscionable and not in violation of public policy. You agree the Agreement is not a contract of adhesion and that You had the power and control to reject, alter, and negotiate the terms and conditions herein. In the event any specific sentences, portions, or provisions of this Agreement are held by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable, the remaining sentences, portions and provisions of this Agreement will remain binding and in full force and effect. No employee, agent or representative of StockRing has any authority to vary, waive or contradict any of the terms of this Agreement.
7.6 Privacy Policy. The StockRing Privacy Policy located and attached hereto at www.stockring.com/sr/Privacy.aspand as may be amended from time to time is incorporated herein by reference as if fully set forth herein. To the extent there is any contradiction between this Agreement and the Privacy Policy, this Agreement shall control.
7.7 Entire Agreement; Modifications. STOCKRING MAY REVISE, UPDATE, AND AMEND THIS AGREEMENT AT ANY TIME, EFFECTIVE UPON YOUR CONSENT BY SELECTION OF “I AGREE” WHEN PRESENTED WITH A REVISED, UPDATED, OR MODIFIED VERSION OF THIS AGREEMENT. This Agreement, including any future revisions, is the entire agreement and understanding between You and StockRing with respect to the subject matter of this Agreement and supersedes all prior agreements, representations, inducements, negotiations and understandings between, by and among You and StockRing, whether oral or written, all of which are merged into this Agreement. StockRing disclaims all representations other than those expressly set forth in this Agreement. You agree You are not relying on or accepting any representations, coercions, representations, or inducements by StockRing, relating to the subject matter hereof, made outside of this Agreement, nor that there were any outside of this Agreement upon which to rely.
8.0 ACCEPTANCE
By I agreeing with this Agreement You acknowledge that You have read and understood this Agreement’s terms and conditions, the disclaimers, the waivers of Your legal rights, that You understand the responsibilities and obligations this Agreement places on You, and that You agree to be legally bound by all the terms and conditions of this Agreement, with the exception of any provisions from which you have opted out or will opt out in accordance with Section 7.3 within the required time period for opting out.
IF YOU DO NOT AGREE WITH OR UNDERSTAND ANY OF THESE TERMS OR CONDITIONS, INCLUDING THE OPT OUT PROVISIONS, DO NOT EXECUTE THIS AGREEMENT AND DO NOT INSTALL, DOWNLOAD, USE, OR OTHERWISE ACCESS THE APPS, THE SERVICE, ANY STOCKRING WEB SITES, OR ANY RELATED PRODUCTS OR SERVICES.
Revision Date: 7/20/2020