PRIVACY POLICY | TERMS OF USE/DISCLAIMER | COPYRIGHT | TRADING RESTRICTIONS/DISCLOSURE | REFUNDS & RENEWAL POLICY

PRIVACY POLICY

This Privacy Policy describes the privacy practices of TIFIN websites that link to this policy (collectively, “we”, “us”, or “our”) and how we handle personal information that we collect through our application, website and any other sites or services that link to this Privacy Policy (collectively, the “Services”).

We provide additional information for residents of California and residents of the United Kingdom, Switzerland, the European Economic Area (collectively, “Europe” or “European”) below.

Personal information we collect

Information you provide to us:

• Contact and account information, such as your first and last name, email address, phone number, and mailing address.
• Payment and transaction information, such as information regarding your subscription to The Dividend Hunter, Options Floor Trader Pro, etc. Payments will be processed by our payment service provider, Authorize.net. Please see the “Authorize.net” section below for additional information regarding how Authorize.net handles your personal information.
• Feedback or correspondence, such as information you provide when you contact us with questions, feedback, product reviews, or otherwise correspond with us online.
• Usage information, such as information about how you use the Services and interact with us, including information associated with any content you upload to the Services or otherwise submit to us, and information you provide when you use any interactive features of the Services.
• Marketing information, such as your preferences for receiving communications about our activities and publications, and details about how you engage with our communications.
• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from third parties:

• Social media information. We may maintain pages on social media platforms, such as Facebook, LinkedIn, Instagram, and Twitter. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.
• Other Sources. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources, lead generators and data providers.

Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:

• Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

We use the following tools for automatic data collection:

• Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

How we use your personal information

To operate our Services:

• Provide, operate, maintain, secure and improve our Services.
• Process transactions initiated by you and send you notices about your transactions and network activity.
• Provide information about our Services.
• Communicate with you about our Services, including by sending you announcements, updates, security alerts, and support and administrative messages.
• Resolve disputes, collect fees, and troubleshoot problems.
• Understand your needs and interests, and personalize your experience with our Services and our communications.
• Verify your identity.
• Respond to your requests, questions and feedback.

For research and development. To analyze and improve the Services and to develop new products and Services, including by studying use of our Services.

Marketing and advertising. We and our advertising partners may collect and use your personal information for marketing and advertising purposes, including:

• Direct marketing. We may from time-to-time send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email and in-app notifications. You may opt out of our marketing communications as described in the “Opt out of marketing communications” section below.
• Interest-based advertising. We engage our advertising partners, including third party advertising companies and social media companies, to display ads around the web. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the “Automatic data collection” section above) over time across our Services, our communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the “Online tracking opt-out” section below.

To comply with law. As we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. To: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern our Services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

To create anonymous data. To create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and to promote the Services.

How we share your personal information

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate our Services (such as customer support, hosting, analytics, email delivery, marketing, identity verification, fraud detection, payment processing, and database management).

Advertising partners. We may share your personal information with third party advertising companies, including for the interest-based advertising purposes described above.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Your choices

Opt out of marketing communications. You may opt out of marketing communications by clicking the unsubscribe link at the bottom of the communication. After you opt out, you may continue to receive service-related and other non-marketing emails.

Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:

• Blocking cookies in your browser.Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit org.

Use the following links to learn more about how to control cookies and online tracking through your browser:

• • Firefox; Chrome; Microsoft Edge; Safari

• Blocking advertising ID use in your mobile settings.Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers.You can block our Services from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
• Platform opt-outs.The following advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising:
  • Google
  • Bing
• Advertising industry opt-out tools.You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
  • Digital Advertising Alliance
  • Network Advertising Initiative

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Authorize.net

Payments on our Services are handled by Authorize.net. The information you provide to Authorize.net  in connection with your payment information and transactions is handled in accordance with Authorize.net’s terms and privacy policies. Your payment data is stored by Authorize.net.

For more information, please read Authorize.net’s terms of service here, and privacy policy here.

Other sites, mobile applications and services

Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security practices

We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of personal information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information.

Children 

Our Services are not intended for use by children under 13 years of age. If we learn that we have collected personal information through the Services from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.

International users

By using our Services, you understand and acknowledge that your personal information will be transferred from your location to Investors Alley’s or Investors Alley’s service providers’ facilities and servers in the United States.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our Services. We may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through our Services.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on our Services (or as otherwise indicated at the time of posting).

How to contact us

Please direct any questions or comments about this Policy or privacy practices to [email protected]. You may also write to us via postal mail at:

1 Pennsylvania Plaza
39th Floor
New York, NY 10119

Additional information for California residents

This section applies only to California residents. For purposes of this section, “personal information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

Your California privacy rights. The CCPA grants individuals whose information is governed by the CCPA the following rights:

• You can request information about how we have collected and used your personal information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Privacy Policy.
• You can request a copy of the personal information that we have collected about you during the past 12 months.
• You can ask us to delete the personal information that we have collected from you.
• Opt out of sale of your personal information. We do not sell personal information. Like many businesses, we use services that display interest-based ads to users around the web. We offer instructions on how to limit online tracking in the “Online tracking opt out” section above.

You are entitled to exercise the rights described above free from discrimination.

Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

How users in California can exercise their rights

You may exercise your California privacy rights described above as follows:

• Right to information, access and deletion. You can request to exercise your information, access and deletion rights by:
  • Clicking here to submit a CCPA request
  • Emailing [email protected]
• Right to opt out of sale of personal information. We offer instructions on how to limit online tracking in the “Online tracking opt-out” section above.
• Identity verification. We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
• Authorized agents.California residents can empower an “authorized agent” to submit requests on their behalf.  We will require the authorized agent to have a written authorization confirming that authority.

Notice to European residents

Scope. This section applies if you are a User in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway, and, to the extent applicable, Switzerland) and the UK.

Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. Investors Alley is the controller of the personal information we collect.

EU representative. We have appointed VeraSafe as our representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. To contact VeraSafe, please visit https://www.verasafe.com/privacy-services/contact-article-27-representative. Alternatively, you may call VeraSafe at +420 228 881 031, or write to VeraSafe Ireland Ltd., Unit 3D North Point House North Point Business Park New Mallow Road, Cork T23AT2P, Ireland.

Legal basis for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Processing purpose	Legal basis
To operate our services	Processing is necessary to perform the contract governing our provision of our services or to take steps that you request prior to signing up for the services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the services you access and request.
For research and development For marketing and advertising purposes For compliance, fraud prevention and safety Creation of anonymous data	These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To comply with law	Processing is necessary to comply with our legal obligations
With your consent	Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the services.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership). If you provide us with any sensitive personal information when you use our Services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Services.

Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Cross-border data transfer. If we transfer your personal information from Europe to another country such that we are required to apply appropriate safeguards to your personal information under European data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.

Your rights. European data protection laws may give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

• Provide you with information about our processing of your personal information and give you access to your personal information.
• Update or correct inaccuracies in your personal information.
• Delete your personal information.
• Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict the processing of your personal information.
• Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

General Risk Disclaimer

Investors Alley Corp. (the “Company”) is a publisher of financial news, opinions and research and is not a securities broker-dealer or an investment adviser.

1. The information provided by the newsletters, opinions, and research related to various markets (collectively referred to as the “Services”) is not customized or personalized to any particular risk profile or tolerance. Trading and investing is not for everyone. The information published by the Company is not a customized or personalized recommendation or solicitation to buy, sell, hold, or invest in particular financial products, and the Services are not intended to provide money management advice or services. The Services are intended to supplement your own research and analysis.

2. Past performance is not necessarily indicative of future results. Trading and investing involve substantial risk. Trading on margin carries a high level of risk, and may not be suitable for all investors. The Company does not make any guarantee or other promise as to any results that may be obtained from using the Services.  No person subscribing for the Services (“Subscriber”) should make any investment decision without first consulting his or her own personal financial adviser, broker or consultant. The Company disclaims any and all liability in the event anything contained in the Services proves to be inaccurate, incomplete or unreliable, or results in any investment or other loss by a Subscriber.

3. You should trade or invest only “risk capital” – money you can afford to lose. Trading and investing involves high risk and you can lose the entire principal amount invested or more.

4. All investments and trading strategies carry risk and all trading decisions made by a person remain the responsibility of that person. There is no guarantee that systems, indicators, or trading signals will result in profits or that they will not produce losses. Subscribers should fully understand all risks associated with any kind of trading or investing before engaging in such activities.

5. Some profit examples are based on hypothetical or simulated trading. This means the trades are not actual trades and instead are hypothetical trades based on real market prices at the time the recommendation is disseminated. No actual money is invested, and no trades are executed. Hypothetical or simulated performance is not necessarily indicative of future results. Hypothetical performance results have many inherent limitations, some of which are described below. The hypothetical results do not include the costs of subscriptions, commissions, or other fees that may be charged. Because the trades underlying these examples have not actually been executed, the results may understate or overstate the impact of certain market factors, such as lack of liquidity. Simulated trading services in general are also designed with the benefit of hindsight, which may not be relevant to actual trading. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk of actual trading. The Company makes no representations or warranties that any person will or is likely to achieve profits similar to those shown.

6. No representation is being made that you will achieve profits or the same results as any person providing a testimonial. No representation is being made that any person providing a testimonial is likely to continue to experience profitable trading after the date on which the testimonial was provided, and in fact the person providing the testimonial may have experienced losses.  Any profit amount mentioned in a testimonial may be unrealized gains.

7. The results and experiences described in the Services are not typical. Most people do not make a profit trading or investing; however, they still receive a financial education from the Services.  You cannot necessarily expect to achieve the results described in the Services and your results will vary depending on risk tolerance, amount of risk capital utilized, size of trading position and other factors. Any modification or change to a trading strategy can completely alter the results of a trade or investment. Oftentimes, persons ignore rules or risk parameters, and any such actions are taken entirely at the Subscriber’s own election and at the Subscriber’s own risk.

8. Auto-trading, or any broker or adviser-directed type of trading, is not supported or endorsed by the Company. For additional information regarding auto-trading, you may visit the SEC’s website: All About Auto-Trading, https://www.sec.gov/reportspubs/investor-publications/ investorpubsautotradinghtm.html. The Company does not recommend or refer subscribers to broker-dealers.  You should perform your own due diligence with respect to satisfactory broker-dealers and whether to open a brokerage account. You should always consult with your own professional advisers regarding equities, options on equities, and any other type of trading.

TERMS OF USE

Acceptance of These Terms of Service

Magnifi Communities (“Magnifi Communities,” “we,” “us,” or “our”) provides you with articles, rankings and performance information pertaining to featured stocks on our websites located at https://stocknews.com, https://wealthpop.com, https://www.investorsalley.com/, https://profitabletrading.com/, https://www.ino.com/ and https://get.allstarcharts.com/ (each, a “Site” and collectively, the “Sites”).  You can use our Sites to access hosted coaching sessions along with our coaches example trades and portfolios (our “Programs”).  We also provide a newsletter that you can register to receive via email.  The registration information can be found on the Sites.  We collectively refer to your ability to browse the Sites, access the Programs and receive the newsletter, including any updated or new features, functionality and technology of any of the foregoing, as our “Service”. All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”).  You acknowledge that certain Sites are subject to terms and conditions in addition to, or that vary from, those specified in these Terms of Service.  For example, additional terms are sometimes set out in the checkout where you purchase your access to our Programs.  Such additional terms are called “Site Supplements”.  The terms and conditions contained in any Site Supplement apply only to the particular Site on which they are posted. By accepting and/or accessing the relevant Site or making payment for the same, you agree to abide by the terms and conditions set forth in all such Site Supplements.  Each Site Supplement forms an integral part of these Terms of Service and is deemed to be incorporated herein; provided, however, in the event of any conflict between the terms and conditions contained in a Site Supplement and the terms and conditions of these Terms of Service, the terms and conditions of these Terms of Service shall supersede and govern. By accessing, browsing, or otherwise using the Sites, the Programs, the newsletter, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Sites. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST Magnifi Communities ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At Magnifi Communities, we respect the privacy of our users. For more information please see our Privacy Policy, located at [http://financialanswers.io/privacy/] (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Access and Use of the Service

Service Description: The Service is designed to provide you with access to a virtual community of stock traders that includes the ability to browse relevant content, access the Programs and subscribe to our newsletter.

Your Registration Obligations: You may be required to register with Magnifi Communities or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Magnifi Communities of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Magnifi Communities will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Magnifi Communities reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Magnifi Communities will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Magnifi Communities may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service. You agree that Magnifi Communities has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Magnifi Communities reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Magnifi Communities reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Magnifi Communities, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”) and you agree not to use the Service or upload any User Content in a way that is illegal or prohibited by Magnifi Communities. Magnifi Communities reserves the right to investigate and take appropriate legal action against anyone who, in Magnifi Communities’ sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.

Competitors: No employee, independent contractor, agent, or affiliate of any competing virtual stock trading community is permitted to view, access, or use any portion of the Service without express written permission from Magnifi Communities. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Magnifi Communities or any of its affiliates, or acting on behalf of a competitor of Magnifi Communities in using or accessing the Service.

Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Magnifi Holdings, LLC that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Magnifi Holdings, LLC. or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Magnifi Holdings, LLC. the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service.  If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Magnifi Holdings, LLC.  (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Magnifi Communities know within [sixty (60)] days after the date that Magnifi Holdings, LLC. charges you. We reserve the right to change Magnifi Communities’ prices. If Magnifi Communities does change prices, Magnifi Communities will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Magnifi Communities’ option, at least [thirty (30)] days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Magnifi Communities’ net income.

Payment Processing: Notwithstanding any amounts owed to Magnifi Holdings, LLC. hereunder, MAGNIFI COMMUNITIES DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use a third-party payment processor (the, “Payment Processor”). These payment processing services are provided by the Payment Processor and are subject to the Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Payment Processor Agreements, as the same may be modified by the Payment Processor from time to time. You hereby authorize the Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the Payment Processor for more information. Magnifi Communities assumes no liability or responsibility for any payments you make through the Service.

Refunds and Cancellations: Unless otherwise indicated on a Site Supplement, payments made by you hereunder are final and non-refundable. You may cancel your subscription online by emailing [email protected]. Please see Renewal Policy and Refund Policy for Paid Subscription Services.

Performance Guarantees: In some cases, we may offer you a limited guarantee around the performance of a particular Site (a “Performance Guarantee”).  If you receive a Performance Guarantee, the terms and conditions of that Performance Guarantee will be described on the applicable Site Supplement.  You expressly acknowledge that the Performance Guarantee applies only to your personal access and use of the applicable Site, and does not apply to your access and use of any of the other Sites.  In the event that a Performance Guarantee is not met, you may be eligible to receive a refund of all, or a portion, of the amounts paid by you to access and use the Site for which the Performance Guarantee applies (the “Eligible Refund”).  Your Eligible Refund will never exceed amounts paid by you to access and use the Site for which the Performance Guarantee applies, and your actual refund will ultimately be determined by the applicable Site Supplement.  In no event will amounts paid by you for access to any of the other Sites be considered within the scope of your Eligible Refund.

Lifetime Subscription Terms and Conditions: If you purchase a lifetime subscription to a component of the Service (a “Lifetime Subscription”), you are entitled to access such components covered by your online order for such Lifetime Subscription (collectively, an “Order”) for as long as such components of the Service are offered and supported by us. The Lifetime Subscription applies only to such components of the Service defined in the applicable Order and does not extend to any future services that may be developed or other components of the Service. Lifetime Subscriptions are intended for private, non-commercial use only. You may not assign, transfer or resell in any way Lifetime Subscriptions to any other person or entity. We reserve the right to revise the terms or make changes to the Lifetime Subscription, which will be communicated in these Terms of Service.  Once you have purchased a Lifetime Subscription, your membership will last until the earlier of 99 years or for as long as we continue to offer the components of the Service for which you have purchased a Lifetime Subscription, unless you earlier choose to cancel your Service account in accordance with these Terms of Service or we discontinue business operations related to the Services.  We make no warranties as to the expected duration of access to the Lifetime Subscription. In receiving a Lifetime Subscription, you acknowledge and agree that the components of the Services for which you purchase a Lifetime Subscription could change or terminate in the future.    

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, sublicense, rent, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Sites from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Magnifi Communities and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Magnifi Communities account information to ensure that your messages are not sent to the person that acquires your old number.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Magnifi Communities, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Magnifi Communities.

Special Notice for International Use; Export Controls: Magnifi Communities is headquartered in the United States. If you access or use the Service 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. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Magnifi Communities, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Stocknews.com, Wealthprop.com, Investorsalley.com, Profitabletrading.com, INO.com, Allstarcharts.com and Magnifi Communities name and logos displayed through the Service are trademarks and service marks of Magnifi Communities (collectively the “Magnifi Communities Trademarks”). Other Magnifi Communities, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Magnifi Communities. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Magnifi Communities Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Magnifi Communities Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Magnifi Communities be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Magnifi Communities does not pre-screen content, but that Magnifi Communities and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Magnifi Communities and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Magnifi Communities, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Magnifi Communities and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Magnifi Communities and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Magnifi Communities are non-confidential and Magnifi Communities will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Magnifi Communities may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Magnifi Communities, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like [Facebook or Twitter]. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Magnifi Communities has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Magnifi Communities, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Magnifi Communities enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Magnifi Communities will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

You agree to defend, indemnify, and hold harmless Magnifi Communities, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Magnifi Communities Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Magnifi Communities Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Magnifi Communities Party. Magnifi Communities will provide notice to you of any such claim, suit, or proceeding. Magnifi Communities reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Magnifi Communities’ defense of such matter. You may not settle or compromise any claim against the Magnifi Communities Parties without Magnifi Communities’ written consent.

Financial Services Disclaimer

Nothing on or provided through the Service should be considered an offer, solicitation of an offer, or advice to buy or sell securities. Any projections or forecasts are hypothetical in nature and may not reflect actual future performance.

You further understand that by using the Service, Magnifi Communities will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. If any of the information contained in or through the waitlist process is deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You acknowledge that you are responsible for your own financial decisions.

You understand and acknowledge that there is a very high degree of risk involved in trading securities. Factual statements provided through Magnifi Communities’ products or services, are made as of the date stated and are subject to change without notice. It should not be assumed that the methods, techniques, or indicators presented in these products or services will be profitable, or that they will not result in losses.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MAGNIFI COMMUNITIES PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE MAGNIFI COMMUNITIES PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MAGNIFI COMMUNITIES PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MAGNIFI COMMUNITIES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE MAGNIFI COMMUNITIES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MAGNIFI COMMUNITIES IN THE LAST SIX (6) MONTHS FOR ACCESS TO ALL SITES, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Magnifi Communities, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Magnifi Communities are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

2. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND MAGNIFI COMMUNITIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MAGNIFI COMMUNITIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

3. Pre-Arbitration Dispute Resolution

Magnifi Communities is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support for the applicable Site listed below. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Magnifi Communities should be sent to [[email protected]] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Magnifi Communities and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Magnifi Communities may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Magnifi Communities or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Magnifi Communities is entitled.

1. https://stocknews.com [[email protected]]
2. https://wealthpop.com [[email protected]]
3. https://www.investorsalley.com/ [[email protected]]
4. https://profitabletrading.com/ [[email protected]]
5. https://www.ino.com/ [https://www.ino.com/help/email.html]
6. https://get.allstarcharts.com/ [[email protected]]

4. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its websites, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Magnifi Communities and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Magnifi Communities agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

5. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Magnifi Communities will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Magnifi Communities will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Magnifi Communities will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

6. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

7. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

8. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Magnifi Communities agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Magnifi Communities written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Magnifi Communities, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Magnifi Communities believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Magnifi Communities may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Magnifi Communities may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Magnifi Communities will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Magnifi Communities will have no liability or responsibility with respect thereto. Magnifi Communities reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Magnifi Communities governing your access and use of the Service, and supersede any prior agreements between you and Magnifi Communities with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Magnifi Communities submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Magnifi Communities to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Magnifi Communities, but Magnifi Communities may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Magnifi Communities will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Magnifi Communities’ reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at [Magnifi Communities, Inc.], [1 Penn Plaza, 39th Floor, New York, NY 10119 or (646) 659 1252].

Questions? Concerns? Suggestions?

Please contact us at [[email protected] or 1 Penn Plaza, 39th Floor, New York, NY 10119] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

COPYRIGHT INFORMATION

The Company’s Websites, along with all information contained within the Company’s Websites, are the property of the Company and are protected under copyright. Any reproducing, distribution, modification or copying (including, but not limited to, posting such materials to news groups and message boards) of the Company’s materials are prohibited without the prior written consent of the Company; provided, however, that you are permitted to download or print a single copy for yourself for personal offline viewing and you may also provide a hypertext link to the Company’s Websites or any article or page within such websites.

The Company reserves the right to republish the material contributed by its readers. By sending an e-mail with feedback, comments, suggestions, or criticism (including, but limited to, feedback received on the feedback page), you expressly grant the Company the right to republish or sell the comments and message you provide as part of its edited compilations. The Company will provide proper attribution to the author for any post or e-mail it republishes, however you acknowledge that the Company receives permanent and transferable rights to any such content.

If you are interested in using the Company’s content in a non-personal manner, for example syndication or republishing to your own website, newsletter, or other such publication please contact [email protected].

TRADING RESTRICTION COMPLIANCE AND FULL DISCLOSURE

The Company has a robust and enforceable trading restriction policy that applies and is agreed to by all editors, analysts, and traders for publications or any other content produced by the Company, whether for content that is purchase or freely available, and that applies to other individuals identified by the Company in its sole discretion. These individuals shall be referred to as “covered persons.”

Our trading restrictions apply to all covered persons and apply to the initial coverage of all stocks within newsletters and services published by the Company, with the exception of the stocks in automatically generated reports in the Investors Alley Stock Ratings service.

When an editor or analyst has decided to begin coverage of a stock for inclusion in a paid subscription newsletter or service that stock will be placed on a Restricted Trades List which will be maintained by a designated trading compliance officer within the Company. Covered persons will be barred from initiating any transactions with such security immediately upon such stock being placed on the Restricted Trades List for seven full trading days after the date on which the paid subscription newsletter or service is published with content about such stock.

Covered persons must immediately disclose any personal holdings in stocks placed on the Restricted Trades List.

Covered persons cannot buy or sell shares for seven full trading days after the publication of any initial report in any paid subscription newsletter or service on a stock. As many stocks are mentioned in update issues and alerts, the buy and sell restriction applies only to the initial research to recommend a transaction with the stock as part of a paid subscription newsletter or service.

Providing advance notice of inclusion or initiation of coverage of a stock to non-employees of or contractors working on the behalf of the Company is forbidden.

The Company will make every reasonable effort to inform subscribers of paid subscription newsletters and services of any positions in stocks held by covered persons that are recommended in said paid subscription newsletters and services. In the case where it is the editor or analyst of that paid subscription newsletter or service this person will be identified as holding a position in the stock mentioned. In the case where is another covered person or persons other than the editor or analyst of said paid subscription newsletter or service such position shall be disclosed without providing personally identifiable information about that person or persons.

RENEWAL POLICY AND REFUND POLICY FOR PAID SUBSCRIPTION SERVICES

This Section does not apply to one-time purchases of special research reports or any other products that are not subscription services. All sales for the aforementioned products are final without refund.

This section describes the subscription renewal policy and refund policy (collectively, the “Policy”) of Investors Alley Corp. (the “Company”) for paid subscription services you purchase from the Company. In the event that such content originates from a third party and is resold by the Company, the Company’s policy shall at all times and in all places supersede any other renewal policy and refund policy of any third party whether stated or not.

Click here to cancel your subscription.

Renewal Policy for Automatically Renewing Subscriptions

Your subscription will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term (a “Renewal Term”). The Initial Term and any Renewal Term thereafter shall be collectively referred to as the “Term”. The Company will charge or debit your payment method at the beginning of the Term. Unless you cancel your subscription in accordance with this Policy, the then-applicable rate for your subscription will be billed automatically. When we renew your subscription, we will use the payment method currently associated with your account.

The Company may, in its sole discretion, provide may you with advance notification of an impending renewal of your subscription.

Unless purchased and billed as a bundle or group of products, each subscription from the Company will be billed and renewed separately as independent financial transactions, each subject to the then-current terms, pricing and refund policy as outlined when you subscribed for such products.

In connection with recurring billing for subscription renewals, you authorize the Company, its subsidiaries, or third parties contracted by the Company to provide services to you to bill your credit or debit card account number, regardless of whether the other information associated with your subscription has changed, including, but not limited to, the expiration date of the physical card with which you subscribed. We may receive updated information about your account from the financial institution issuing your credit or debit card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. 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 of our attorneys’ and collection agency fees.

Cancellation Policy

Investors Alley subscriptions are set to auto-renew by default.  You will receive an email at least seven (7) days before the automatic renewal occurs.  If we do not hear from you at least two (2) business days before it is due to renew, your credit card will be charged.

If you do not wish to have your subscription renew or if you would like to cancel a trial subscription, you must request cancellation at least two (2) business days before the subscription is set to renew or trial period expires.

Click here to cancel your subscription.

Billing Terms & Refund Policy

Our refund policy varies for each publication, service, and product.  Specific billing and offer terms are outlined on the original form you filled out when you became a subscriber.  Many of our subscriptions are non-refundable and others carry a cancellation fee, so please make sure you are aware of your specific policy. A chart may be viewed below detailing each product’s refund policy:

Products billed quarterly: full refund during the first 60 days of the first billed quarter

Products billed monthly: no refund

All of the Company’s subscription products come with a refund policy in effect from the moment you purchase your subscription.

You will be billed by Magnifi Holdings, LLC.

If you receive a full or partial refund for a particular publication/service, no future refunds will be issued for that publication/service at any point should you remain a subscriber or wish to resubscribe.  Subsequent subscriptions to the same product or publication are non-refundable.

We reserve the right to terminate your paid or unpaid subscriptions and access to our web sites at any time without notice.  If we terminate a paid subscription of a fixed term and provided you have not breached our Terms of Service, we will refund the unused portion of your subscription fee.

Any refund due will be returned to the original debit or credit card used for the purchase.  It may take up to 10 business days after the refund is issued for it to show up on your credit card statement.  On occasion, your issuing credit card bank, in their sole discretion, may delay the processing of refunds.

All refunds initiated by the Company, whether full or partial, shall be paid in U.S. dollars. If you reside outside the United States your card issuer may convert your refund to your local currency at whatever exchange rates it has in effect at such time. You are advised to consult your card issuer prior to initiating a refund.

Your subscription will be considered cancelled and access to your subscription and the web site will be discontinued once your subscription amount has been refunded by the Company, regardless of the actual date you receive any proceeds from the refund.

Sales/Use Tax

Investors Alley does not currently collect sales tax for subscriptions. However, due to changes in legislation, we may soon be required to charge sales tax for residents in certain states in which we do business. Such sales tax may be applied to your subscription and/or maintenance fees at any time and without notice.

Some states and local jurisdictions impose a use tax on products a consumer purchases from out-of-state vendors when the vendor has not collected the tax.  Therefore, you may be responsible for reporting and remitting your state’s use tax directly to your state’s tax agency. The specifics of this tax can vary greatly, and you are encouraged to contact your state or local tax agency or your tax advisor on your use tax obligations.

If you ever have any questions about your subscription or our terms, please email [email protected] or call 1-855-566-6100 (1-212-566-6100 if outside US/Canada) during normal business hours.