Terms of Service

Updated 8/15/2023

 

Terms of Service

Welcome and thank you for your interest in StockGOATS, LLC (“StockGOATS”, “SG”, “we,” “us,” or “our”).  We invite you to access and use our proprietary simulated investing platform (the “Platform”) which allows users to create virtual investment portfolios, participate in simulated investment competitions, and discuss topics related to investment management, securities and investing in publicly traded securites. The Platform is made available to you via our website located at www.stockgoats.com (the “Website”).  To make these Terms of Service (the “Terms”) easier to read, the Website and the Platform and the services offered by SG through the Platform are collectively called the “Services”.  Please read these Terms and our Privacy Policy ( the “Privacy Policy”) carefully because they govern your use of the Services.

 

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STOCKGOATS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “BINDING ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.

 

1.  AGREEMENT TO TERMS

By using our Services, you acknowledge that you have read, understood, and agree to be legally bound by the following terms and conditions, including StockGOATS’ Privacy Policy (together, these “Terms”). If you do not agree to any of these Terms, you may not access or use the Services.

 

2.   PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

 

3.  CHANGES TO THESE TERMS OR THE SERVICES

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Services, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website and/or provide you with other communications. By continuing to access or use the Services after we have posted a modification to the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

 

4.  DESCRIPTION OF SERVICES

SG is a simulated social investing platform that allows users to create and manage simulated investment portfolios, participate in simulated investment competitions, and discuss topics related to simulated investments.   

 

5.  ELIGIBILITY

The Services are available for individuals aged 18 years or older and not otherwise prohibited from using the Services under applicable law.   In order to access and use the Services, you must register with us and become a member (“Member”). As a Member you will be able to: (i) create a profile; (ii) create a simulated investment portfolio and compete in simulated investment competitions, (iii) create and join groups for exchanging simulated investing ideas with other Members (“Groups”); (iv) share your commentary and other content with the broader SG community.

 

6.  ACCOUNT AND MATERIALS

If you wish to register as a Member other than through a third-party login provider (e.g., google), during the registration process we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”). We may also ask you to provide additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. SG will not be liable for any loss or damage caused by any unauthorized use of your account.

 

SG is a simulated investment platform and thus does not collect any actual funds, execute any Transactions, or otherwise act as a broker-dealer or cryptocurrency exchange, money transmitter, money services business, bank account, brokerage account, or other financial account.  SG provides a platform that simulates investments, investment portfolios and portfolio returns for certain publicly traded securities and crypto currencies.  

 

STOCKGOATS AND ITS AFFILIATES, EMPLOYEES, AGENTS, PRINCIPALS, OR REPRESENTATIVES DO NOT PROVIDE INVESTMENT RECOMMENDATIONS, PROVIDE INVESTMENT ADVICE, ENDORSE ANY INVESTMENTS, PRODUCE OR PROVIDE RESEARCH TO ANY USER REGARDING ANY INVESTMENT.

 

YOU UNDERSTAND AND AGREE THAT THE SERVICES INCLUDE INFORMATION AND MATERIALS PROVIDED BY OTHER MEMBERS. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN SUCH MATERIALS ARE SOLELY THE OPINIONS OF THE MEMBER PROVIDING SUCH MATERIALS. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY SUCH MATERIALS. In addition:

 

 

 

 

7.  USER CONTENT

  1. Posting Content. Our Services allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. StockGOATS does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
  2. Permissions to Your User Content. By making any User Content available through the Services, you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license, with the right to grant sublicenses, to use, copy, publicly display, compile, combine with other content, modify (solely to conform such User Content to the technical requirements of the Services), and publicly perform all User Content you provide to us in any media now known or hereafter devised solely in connection with providing the Services, and the right, but not the obligation, to reproduce and use any such User Content, including, without limitation, your name, image, likeness, photograph, and Sign-In Name to advertise and promote the Services and/or StockGOATS. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name, image, likeness, photograph, and Sign-In Name permitted by the foregoing rights and licenses may include the display of such materials adjacent to advertising and other material or content, including for profit.
  3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by StockGOATS on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Laws (as defined below), or our Community Guidelines (as defined below).
  4. Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
  5. Confidentiality. PLEASE NOTE THAT ALL USER CONTENT THAT YOU POST OR SHARE WITH OTHER MEMBERS THROUGH THE SERVICES WILL BE SEEN AND MAY BE VIEWED BY OTHER MEMBERS, AND STOCKGOATS CANNOT CONTROL HOW OTHER MEMBERS WILL USE SUCH USER CONTENT. THEREFORE, IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE SERVICES. STOCKGOATS IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY IDEA, CONTENT, OR INFORMATION THAT YOU POST ON OR THROUGH THE SERVICES.

 

8.  COMMUNITY GUIDELINES

SG’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with the following community rules and guidelines or those that may be posted on the Services from time to time (collectively, the “SG Community Guidelines”):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with Applicable Laws. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law .

 

9.  STOCKGOATS’ INTELLECTUAL PROPERTY

SG and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

 

 

10.  FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). If you provide us with any Feedback, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

11.  DMCA/COPYRIGHT POLICY

SG respects copyright law and expects its users to do the same. It is SG’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SG’s Copyright Policy, for further information.

 

12.  THIRD PARTY APPLICATIONS, WEBSITES OR RESOURCES.

  1. Third-Party Applications. If you install or enable any online, web-based applications provided by third parties that interoperate with the Services (“Third-Party Applications”) for use with the Services, you acknowledge that we may allow providers of those Third-Party Applications to access your information as required for the interoperation of such Third-Party Applications with the Services. We are  not responsible for any disclosure, modification, or deletion of your information resulting from any such access by Third-Party Application providers, and any such access and use of your information shall be subject to the privacy policies of such Third-Party Application providers.
  2. Third-Party APIs or Widgets. Certain feature of the Services may interoperate and/or integrate with third-party APIs or widgets. Such features depend on the continuing availability of such APIs or widgets. If these providers cease to make their API or widgets or program available on reasonable terms for the Services, we may cease providing such features without notice or liability.
  3. Links. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

 

13.  WARRANTY DISCLAIMERS

  1. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.
  2. STOCKGOATS IS A SIMULATED VIRTUAL INVESTING PLATFORM.  WE DO NOT EXECUTE ANY ACTUAL TRANSACTIONS. WE ONLY SIMULATE INVESTMENT PERFORMANCE. WE DO NOT WARRANT THE ACCURACY OF OUR PLATFORM OR THE SIMULATIONS OF INVESTMENT PERFORMANCE.
  3. THE SERVICES, INCLUDING ANY USER CONTENT PROVIDED BY MEMBERS OR THIRD PARTIES, SHOULD NOT BE CONSTRUED AS ACTUAL INVESTMENT ADVICE OR AN ENDROSEMENT OF ANY ACTUAL SECURITY OR INVESTMENT PRODUCTS.    
  4. THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED THEREIN. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.

 

14.  LIMITATION ON LIABILITY

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER STOCKGOATS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STOCKGOATS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE;
  2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL STOCKGOATS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO STOCKGOATS FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STOCKGOATS, AS APPLICABLE.
  3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN STOCKGOATS AND YOU.

 

15.  INDEMNIFICATION

You will indemnify and hold STOCKGOATS, its affiliates and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) any of your Transactions or Investments. We will provide notice to you of any such claim, dispute or demand. We reserve the right, at your expense, to assume the exclusive defense and control of any claim, dispute or demand that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

16.  COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States. We make no claims concerning whether the Services may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services 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.

 

 

17.  TERMINATION

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time via the Services interface. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(b), 7(c), 7(e), 8, 9, 10, 13, 14, 15, 17, 18, 19 and 20.

 

 

18.  GOVERNING LAW AND FORUM CHOICE

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware without regard to its conflict of laws provisions.  Except as otherwise expressly set forth in Section 19 “Binding Arbitration,” the exclusive jurisdiction for all Disputes (defined below) that you and SG  are not required to arbitrate will be the state and federal courts located in the State of New York, and you and SG each waive any objection to jurisdiction and venue in such courts.

 

 

19.  BINDING ARBITRATION

  1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SG agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and SG are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
  2. Exceptions. As limited exceptions to Section 19(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
  3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules.  JAMS provides a form Demand for Arbitration at www.jamsadr.com.
  4. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
  5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
  6. Injunctive and Declaratory Relief. Except as provided in Section 19(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
  7. Class Action Waiver. YOU AND STOCKGOATS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
  8. Severability. With the exception of any of the provisions in Section 20(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

 

20.  MISCELLANEOUS

  1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between SG and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between SG and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without SG’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SG may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  2. Notices. Any notices or other communications provided by SG under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
  3. Waiver of Rights. SG’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SG. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

21.  CONTACT INFORMATION

If you have any questions or complaints about these Terms or the Services, please contact SG at info@stockgoats.com.

 

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