Dividend Geek TERMS AND CONDITIONS
Dividend Geek is not a registered investment advisor or a broker-dealer. Information available on DividendGeek.com is available to all users. Dividend Geek does not make recommendations as to particular securities or derivative instruments, and does not advocate the purchase or sale of any security or investment by you or any other individual. Dividend Geek does not guarantee the accuracy, completeness or timeliness of the Information. By using the Services of DividendGeek.com, including any applications or content available through us, you agree that use of the Services is entirely at your own risk. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Past results are not indicative of future returns that may be realized by you. We assume no responsibility or liability for your trading and investment results. The information and features available on The DividendGeek.com (collectively, the “Information” or “Service” or “Services”) are provided for informational purposes only and should not be construed as investment advice. You should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments and trading strategies. Factual statements in this web page are made as of the date stated and are subject to change without notice.
The Information does not constitute a solicitation for the purchase or sale of securities. By using the Information on this site, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. Dividend Geek SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY INFORMATION OR SERVICES ON THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER Dividend Geek.COM NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Dividend Geek, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Dividend Geek, is the owner and/or authorized user of any trademark,
registered trademark and/or service mark appearing on DividendGeek.com, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. Dividend Geek does not grant to you a license to any content, features or materials you may access on the DividendGeek.com website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on DividendGeek.com solely for your personal use or records in any location on our Website where a “print” option is specifically made available by Us. If you make other use of the DividendGeek.com website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our patents, trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on DividendGeek.com.
We reserve the right to change any information on the DividendGeek.com website, including without limitation revising and/or deleting features or other information without prior notice to you. Accessing certain links within the DividendGeek.com website may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to DividendGeek.com” below.) The content of DividendGeek.com may vary depending upon your browser functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.
In consideration of your use of the Service, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account without refund and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
Fees
DividendGeek.com offers certain services and products for a fee. The costs of these services and products will be disclosed to you at the time of purchase. Your credit card or other account will be billed for each use of fee-based services and products from the Dividend Geek website. You agree that any use of Dividend Geek fee-based services and products may subject you to a charge, and that non of this charge is refundable. You agree that you will not circumvent Dividend Geek security systems or otherwise attempt to obtain fee-based services and information without payment, and that if you do so, Dividend Geek will be entitled to charge the credit card or other account(s) you have disclosed to Us for the full retail price of the subscription to our services for the period of one year, in addition to any relief which may be available at law or in equity. Fees are subject to change. You agree to contact Dividend Geek prior to contacting the credit card or other account provider regrading disputes or you will be subject to additional charges.
Confidentiality, Nondisclosure
As used in this Agreement, the term “Confidential Information” refers to any and all programs, concepts, information, data or communication, whether written or oral, furnished or made available by The Dividend Geek to you regarding Dividend Geek or its software and data (including, without limitation any or all designs and concepts, preliminary or otherwise, relating thereto) (collectively, “Confidential Information”). By using the Services, you acknowledge and agree that the information disclosed by Dividend Geek is a valuable trade secret of Dividend Geek, and is being disclosed pursuant to this agreement for your exclusive use. You further agree that:
(1) You will hold in strict confidence all Confidential Information and agree not to publish, disclose or otherwise disseminate such Confidential Information to anyone other than a member or employee of Dividend Geek, and that you will not cause the transmission, removal, or transport of any Confidential Information; and
(2) Immediately upon termination of your subscription (or license for) to any Dividend Geek service or product, you shall destroy all materials and Confidential Information furnished to you by The Dividend Geek in relation to that service, together with all copies, data summaries, replications, duplications, recordings or transcriptions made thereof (whether held by you or by any other person).
User Conduct For Dividend Geek:
While using the Service, you may not:
1.) publish, transmit, reproduce, or distribute in any way, information, software or other material that appears on the Web Site which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or licenser; or
2.) publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under US copyright laws; or
3.) publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (or as expressly permitted by the provider of such information, software or other material); or
4.) restrict or inhibit any other user from using and enjoying the Service; or
5.) knowingly violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX; or
6.) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity (including without limitation, Dividend Geek).
We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and, subject to the limitations of the Dividend Geek privacy policy, to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect DividendGeek.com or Our subscribers.
Links from and to Dividend Geek:
The links on DividendGeek.com may provide you with access to other Websites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other Website which may be linked to or from The DividendGeek.com. You acknowledge and agree that the stock and mutual fund price quotes and news stories which are accessed within a trading day may be delayed at least 20 minutes, as may required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that Dividend Geek shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.
Other Information:
We are taking reasonable and appropriate measures, [including encryption,] to ensure that your personal information is disclosed only to those specified and disclosed to you in your subscription agreement (as amended from time to time), and to prevent the interception and decryption by others of the personal information you have entered.
You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
Failure to Comply With Terms and Conditions and Termination:
Access to the Services may be terminated at any time, and without cause, by either Dividend Geek or the customer, upon notification by telephone or e-mail. When termination is requested by a customer, subscription fees are NOT refunded.
You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Dividend Geek, or is otherwise inappropriate for continued access.
Miscellaneous:
The Terms and Conditions and the relationship between you and The Dividend Geek shall be governed by the laws of the State of Utah, without regard to its conflict of law provisions. You and The Dividend Geek agree that this Agreement is made, and all performance under this Agreement will take place, at Dividend Geek offices in Salt Lake City, UT. You and Dividend Geek each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Utah.
The failure of Dividend Geek to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 the Terms and Conditions 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 the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.