Effective Date: February 20, 2019
VantageAlerts.com ("Vantage Alerts") is a subsidiary organization under the ownership of VANTAGE ALERTS INC., ("Vantage Alerts", "Company", "we", "our", or "us"), a Delaware corporation. The terms "you," "your," "yours", "user", "users" and "Customer" refer to the customer utilizing our Website. The terms "Site", "Website", "Application", "App", "Product", "Services" and "Service" refer to the website and services provided by Vantage Alerts.
VantageAlerts.com provides independent investment opinions, market research and real time trade alerts to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.
These Terms of Service are a binding contract between you and Vantage Alerts Inc.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
These Terms of Service are effective as of February 20, 2019. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
DESCRIPTION OF SERVICES
Vantage Alerts offers independent investment opinions and stock market trade alerts at its website www.VantageAlerts.com.
The service includes, but is not limited to: stock market trade alerts that are sent in real-time via email and SMS text messages; and the Vantage Alerts website or software applications provided by Vantage Alerts.
You are responsible for providing, at your own expense, all equipment necessary to use the services, including a brokerage trading account, computer, smartphone, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the website, including any of the website's features, at any time with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. Any new features that augment or enhance the then current services on this website shall also be subject to these Terms of Service. We also reserve the right, in our sole discretion, to reject or remove any material that you upload, send or receive, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
SERVICE USAGE TERMS
You may be required to sign up for an account and select a password and user name ("User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. For your User ID, you may not select a name that you do not have the right to use, or another person's name with the intent to impersonate that person.
You represent and warrant that you are of legal age to form a binding contract. If you're agreeing to these Terms of Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Service on that organization or entity's behalf and bind them to these Terms of Service (in which case, the references to "you" and "your" in these Terms of Service, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal or business use and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren't authorized to use the Services. We can't and won't be responsible for your use of the Services in a way that breaks the law.
You are solely responsible for protecting the security of your account and your password. You are responsible for any activity associated with your account.
Vantage Alerts offers independent investment opinions, market research and stock market trade alerts.
Vantage Alerts is not a licensed financial advisor and no information provided by Vantage Alerts should be construed as investment advice.
Vantage Alerts is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company.
The information provided by Vantage Alerts is for informational purposes only.
Trading financial securities of any type includes inherent risks. Users should always check with their licensed financial advisor, including their tax advisor, to determine the suitability of any investment. Vantage Alerts strongly recommends that any user trading securities should do so with caution. Prior to the execution of a security trade based on the information provided by Vantage Alerts, all users should consult with their licensed financial advisor, broker or other financial representative.
All users are solely responsible for performing their own due diligence prior to investing in the financial securities mentioned on VantageAlerts.com. Users should obtain the company's annual financial report and other publicly available information to complete their own due diligence prior to buying or selling any financial securities. Vantage Alerts recommends that all users visit the Securities and Exchange Commission website (www.sec.gov) to access due diligence materials including, but not limited to, financial reports, financial statements, proxy information, and other information that is filed by publicly traded companies with the Securities and Exchange Commission. Additionally, the National Association of Securities Dealers Regulation provides perspectives and information on how to invest carefully online at www.finra.org.
Vantage Alerts is not responsible for any investment decision made by any user. You are solely responsible for any and all investment decisions you make.
Certain statements or information contained in this Website were developed or written by, or contain or are based upon statements or information developed or written by third parties. All such statements or information is the property of the original publisher. No independent verification of the accuracy of such information or statements has been made and Vantage Alerts does not guarantee the accuracy or completeness of such information or statements. All opinions reproduced or retransmitted in this Website are solely the opinions of the author and should in no way be construed as the opinions of VantageAlerts.com. The statements made herein contain general information and do not constitute an offer to buy or sell any security. All information and opinions expressed herein are subject to change without notice.
Opinions and recommendations contained herein should not be construed as investment advice. Do not assume that any recommendations, insights, charts, theories, or philosophies will guarantee profitable investment. VantageAlerts.com does not endorse any recommendation or opinion made by a user, nor does VantageAlerts.com advocate or recommend the purchase or sale of any security or any other investment.
Illegal or Inappropriate Behavior. You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with Vantage Alerts' ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages Vantage Alerts' or other customers' property. If Vantage Alerts finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, Vantage Alerts may at its sole discretion terminate Your Service.
You further understand and agree that:
Your use of the Services is subject to all applicable local, state, national, and international laws and regulations. Vantage Alerts reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
Violates any law or regulation;
Infringes or violates the intellectual property rights or any other rights of anyone else (including Vantage Alerts);
Jeopardizes the security of your Vantage Alerts account or anyone else's (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Uses any intellectual property rights protected by applicable laws and contained in or accessible through the Services;
Uses the Services, or permits it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without prior written consent from Vantage Alerts;
Uses the Services to develop or enhance any software, software code, or any derivative works of any software without prior written consent from Vantage Alerts;
Runs any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Vantage Alerts is free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms of Service. Vantage Alerts has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.
If you have cancelled your Vantage Alerts account by mistake, contact us immediately at HelpDesk@VantageAlerts.com.
Vantage Alerts reserves the right to suspend or terminate your account and associated Service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Vantage Alerts when Vantage Alerts believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Vantage Alerts.
If, for any reason, Vantage Alerts believes that You are using the Service for a prohibited purpose and/or Your usage violates the Terms of Service Policy, then Vantage Alerts may, in its sole discretion with or without notice, terminate Your service.
PAYMENT AND CHARGES
You agree to pay all charges for your use of the Service in accordance with the pricing plan you were offered and agreed to upon signing up for the Service. Vantage Alerts reserves the right to charge value-added taxes ("VAT"), sales taxes or other taxes on the Service as it deems appropriate and Vantage Alerts reserves the right to change prices or institute new charges for access to or use of the Service.
Vantage Alerts may amend your pricing plan, including any charges thereto, at any time either by posting pricing plan changes on the Vantage Alerts Website, or sending information regarding the pricing plan changes to the email address you provided to Vantage Alerts. You are responsible for regularly reviewing such pricing information. Continued use of the Service, or non-termination of your Vantage Alerts account, after changes are either posted or emailed to you constitutes your acceptance of the prices as modified.
Your monthly subscription fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, Vantage Alerts may submit charges for your monthly service fee each month.
Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that Vantage Alerts is authorized to charge your designated card(s). Your card issuer's agreement governs your use of your designated card in connection with payment for the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
Free Trial Terms: If you subscribed to the Service pursuant to the Vantage Alerts Free Trial, granting you a free trial period, your monthly subscription plan fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account). These fees will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice that you have terminated your Vantage Alerts account. Such notice will not affect charges submitted before Vantage Alerts reasonably could act on your notice. You will not receive a notice from Vantage Alerts to inform you that your free trial period has ended. If you cancel your Vantage Alerts account within the first 7 days from the original sign up date, your credit card will be 100% refunded for all charges billed by Vantage Alerts. The following condition must be satisfied to qualify for a full refund under the Free Trial Money Back Guarantee: (a) You must submit a request to cancel your Vantage Alerts account within the first 7 days of your original sign up date. If you submit a cancellation request after the first 7 days have passed, you will no longer be entitled to a full refund under the terms of the Free Trial. You can cancel your Vantage Alerts account at any time by submitting an email request to HelpDesk@VantageAlerts.com . IF YOU CANCEL YOUR VANTAGE ALERTS ACCOUNT WITHIN THE FIRST 7 DAYS FROM THE ORIGINAL SIGN UP DATE, WE WILL REFUND 100% OF ALL CHARGES BILLED TO YOUR CREDIT CARD. NO QUESTIONS ASKED. This refund policy allows all users to try the Vantage Alerts Service risk-free for 7 days. Your initial monthly subscription payment will be 100% refunded in full if you cancel your account within the first 7 days. Try the service for 7 days, cancel your account by the 7th day and we will refund 100% of your initial monthly subscription charge.
Changed Billing Information: You must promptly notify Vantage Alerts of changes to: (a) the account number, security code or expiration date of your designated credit or debit cards; (b) your billing address for the designated credit or debit card. You must also promptly notify Vantage Alerts if your card is canceled for any reason, including loss or theft. In order to avoid Service interruptions caused by declined credit or debit card charges, you are solely responsible for updating your billing information on the Billing Settings page of your Vantage Alerts account dashboard.
NO RESALE OF THE SERVICE
You are prohibited from selling, reselling, renting or leasing the use of the Service.
The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with Vantage Alerts. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation. Vantage Alerts shall not adjudicate ownership-related disputes, or any other internal business disputes. If Vantage Alerts is unable to determine the valid owner of the Account, Vantage Alerts reserves the right to suspend or terminate the Account and Services.
To the fullest extent allowed by applicable law, You agree to indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages (actual and consequential), losses and expenses (including attorneys' fees), and liability caused by your use of the Services and Service Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Services or Service Content.
You may not assign, delegate or transfer these Terms of Service or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Vantage Alerts' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Vantage Alerts does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from Vantage Alerts or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Any rights not expressly granted herein are reserved by us.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT.
Enforcement of these Terms of Service will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Services or Service Content will lie in the state and federal courts located in New Castle County, Delaware, and each party irrevocably agrees to submit to the jurisdiction of such courts. Notwithstanding this, you agree that we will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Our failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms of Service constitutes the whole legal agreement between the parties in connection with your use of the Sites and Services, and governs such use. These Terms of Service completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Website and Services. Except as expressly provided in these Terms of Service, any modification of or changes to these Terms of Service must be in a writing duly authorized by an authorized representative of ours.
Survival. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, use policies and restrictions, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. Vantage Alerts shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Vantage Alerts' reasonable control.
Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and Vantage Alerts ("Dispute"), You and Vantage Alerts shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of Vantage Alerts' legal department (or other representative of Vantage Alerts designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor Vantage Alerts shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
Non-disparagement. You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages Vantage Alerts or the Applications or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, Vantage Alerts may terminate Your access to the Applications or Services if You breach the requirements of this section.
If you have any questions, comments, or concerns regarding these Terms of Service or our Service, you may contact us at HelpDesk@VantageAlerts.com.