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Terms & Conditions

Your access to and use of this Site (12STOCKS.COM) is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. These Terms and Conditions apply to the Web site that you were viewing when you clicked through to this Terms and Conditions of Use Contract, which is operated directly by us, by our partner, or by our affiliate. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions:
 

WE ARE NOT INVESTMENT ADVISORS. HENCE, NO INFORMATION FROM THIS WEB SITE OR FROM OUR NETWORK OF WEB SITES SHOULD BE USED OR CONSTRUED AS INVESTMENT ADVICE. ALL INFORMATION AND CONTENT [INCLUDING QUOTES AND CHARTS] PROVIDED BY 12STOCKS.COM[AND ITS NETWORK OF WEBSITES INCLUDING THIS WEB SITE] IS FOR EDUCATION AND ENTERTAINMENT PURPOSES ONLY. WE TYPICALLY USE DELAYED MARKET DATA [MOSTLY END-OF-DAY] AND HENCE THE DATA AND INFORMATION FROM THIS SITE MIGHT BE INACCURATE OR OUTDATED AND HENCE SHOULD NEVER BE USED FOR INVESTING OR TRADING PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED BROKER OR OTHER REGISTERED FINANCIAL PROFESSIONALS TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT. WE ARE NOT RESPONSIBLE FOR ANY LOSS [INCLUDING FINANCIAL AND HEALTH] THAT YOU MAY SUFFER BY USING OUR NETWORK OF WEB SITES. YOU ASSUME ALL RISK ASSOCIATED WITH INVESTMENT OR TRADING DECISIONS MADE ON THE BASIS OF CONTENT FOUND ON THIS WEBSITE, E-MAIL NEWS LETTERS OR MARKET INTELLIGENCE SUBSCRIPTION REPORTS. TECHNICAL TREND SCORES (ALSO KNOWN AS MARKET INTELLIGENCE TRENDS OR SMART INVESTING & TRADING SCORES - SITS) ARE NOT TO BE USED FOR INVESTING OR TRADING PURPOSES. SMART INVESTING & TRADING SCORES (aka MARKET INTELLIGENCE SCORES) AND REPORTS ARE FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.

USER EXPRESSLY AGREES THAT USE OF SITE IS AT USER'S SOLE RISK. YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT AVAILABLE THROUGH THIS WEBSITE IS ON AN "AS-IS", "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT 12STOCKS.COM AND ITS SUBSIDIARIES [AND ITS NETWORK OF WEBSITES INCLUDING THIS WEB SITE], AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS ["12STOCKS.COM PARTIES"] WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE 12STOCKS.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF 12STOCKS.COM [AND ITS NETWORK OF WEBSITES] PRODUCTS OR SERVICES, THE MATERIALS ON OUR WEB SITE AND ANY MATERIALS PROVIDED THROUGH OUR NETWORK OF WEB SITES ARE ENTIRELY AT YOUR OWN RISK.


YOU AGREE THAT IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE 12STOCKS.COM PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY 12STOCKS.COM [AND ITS NETWORK OF WEBSITES] PRODUCTS OR SERVICES.
 

You agree that, except as otherwise expressly provided in this Terms and Conditions Agreement, there shall be no third party beneficiaries to this Agreement.
 

1. Limited Use of Content

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "Content" or "Material"), are protected under applicable copyrights and other proprietary (included but not limited to intellectual property) rights and are the intellectual property of 12STOCKS.COM [AND ITS NETWORK OF WEBSITES INCLUDING THIS WEB SITE], and its affiliated companies, licensors and suppliers. You may access, use, and download a single copy of the Content solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices completely intact. You may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer or disassemble the Content. The Content licensed to you on a personal, non-exclusive basis by certain producers of such Content who own the content of such Content (collectively "Third Party Service Providers") and 12STOCKS.COM parties and the Content are not sold to you. Except for the limited rights explicitly granted to you herein, the Third Party Service Providers retain ownership of all right, title, and interest in and to the Content including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how).

We may also require you to follow additional rules, guidelines or other conditions that govern the use of particular Content which can be accessed or downloaded from the Site. Such rules, guidelines or other conditions are made a part of these Terms and Conditions. Please be advised that the Content licensed to you through any given Third Party Service Provider and 12STOCKS.COM may be discontinued or modified dependent upon the separate, respective agreements between each such Third Party Service Provider and 12STOCKS.COM. You do not have a separate and independent right to obtain access to any given set of Content if the same are not made available through 12STOCKS.COM and this Site. 12STOCKS.COM   name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of 12STOCKS.COM or its Third Party Service Providers. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of 12STOCKS.COM. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. 12STOCKS.COM and each Third Party Service Provider reserve all legal rights and remedies available to them.

2. Risks; Market Information; Limitation of Liability; and Disclaimer of Warranty

Your use of this Site and the Content is at your own risk. If you are dissatisfied with any of the Content contained in this Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site. 12STOCKS.COM[and its network of websites] and its Third Party Service Providers assume no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the Content contained on this Site. There may be inadvertent technical or factual inaccuracies in the Content, and the Third Party Service Providers and 12STOCKS.COM reserve the right to make changes and corrections to the Content at any time, without notice. 12STOCKS.COM [and its network of websites] and its Third Party Service Providers also assume no responsibility and are not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any Content from this Site.

Investing and trading are highly speculative activities and carries a high degree of risk. It is possible that an investor's entire investment [and more !] may be lost or impaired due to the speculative nature of investing in the stock/commodities/currencies/options markets. Although 12STOCKS.COM [and its network of websites] and its Third Party Service Providers attempt to provide accurate information, neither 12STOCKS.COM nor any Third Party Service Provider guarantees the accuracy, timeliness, or completeness of such information, and provides no warranty regarding any results from your use or reliance on such information. Materials may quickly become unreliable for reasons including changes in economic circumstances, and 12STOCKS.COM and its Third Party Service Providers are not obligated to update the Content at all or within a designated time period. In fact, since we are just developing this web site and involves complex programming, there WILL BE errors and hence you assume all risk by relying on any information [including market data, quotes, trend, smart investing & trading scores or market intelligence scores and charts] found on this website. We try to update Content frequently but there is no guarantee of that and the information found on this web site might be not current and hence misleading and just plain wrong. The User should always confirm pricing information [especially market data, quotes, charts, etc] from reliable financial sources and consult with their financial adviser and broker before any transaction. We are not liable for any action taken by the user based on Content found on this web site. Nothing contained in the Site or the Content shall be deemed a solicitation, recommendation, endorsement, or offer by 12STOCKS.COM [and its network of web sites] or its Third Party Service Providers to buy or sell any securities or other financial instruments. Although we will try our best to provide accurate information [including quotes, charts, etc], but there will always be possibility for grave errors and inaccuracies - hence you should always check with your broker or financial advisor before taking any investment or trading action. We are not responsible for any health issues caused by browsing this website [hey, one could always get a shock by seeing an inaccurate quote or chart].


As part of research and development, we are constantly developing new algorithms for our unique rating system which combine trends (also known as market intelligence trends or smart investing & trading scores) and performance. We have developed unique and simple trend system [0-bearish trend to 100-bullish trend] and relative performance [Strong, Weak and Market Perform or Very Good, Good, Not Good, Deteriorating]. The work on developing this unique rating system or market intelligence system (or smart investing & trading scores) is ongoing [work in progress] and hence not fully reliable yet. The ratings or market intelligence scores or Smart Investing & Trading Scores of various financial instruments change frequently and hence is not intended for investing or trading purposes and is more provided as educational tools. This rating system or smart investing & trading scores system (also known as market intelligence system & reports) is currently provided only for entertainment purpose and should not be used for any trading or investment purposes. Any use of our rating system is done by the user at his or her own sole risk.


DIFFERENT SECTIONS OF OUR WEBSITES ARE UPDATED AT DIFFERENT TIMES AND HENCE ONE SHOULD BE CAREFUL IN USING ANY INFORMATION FROM OUR WEB SITES [Example: CHARTS AND MARKET DATA AND RESULTS OF OUR ANALYSIS - LIKE performance DATA AND RATINGS - FOR VARIOUS FINANCIAL INSTRUMENTS ARE UPDATED AT DIFFERENT TIMES AND MAY NOT BE IN SYNC. HENCE THE INFORMATION FROM OUR WEBSITES SHOULD NOT BE USED FOR INVESTING OR TRADING PURPOSES]

You acknowledge that: (i) neither 12STOCKS.COM [and its network of websites] nor any Third Party Service Provider is an investment adviser within the meaning of any federal or state law, rule or regulation or a fiduciary to you under any federal or state law, rule or regulation including without limitation the federal Employee Retirement Income Security Act of 1974; (ii) no client, advisory, fiduciary, or professional relationship is established between you and 12STOCKS.COM or any Third Party Service Provider; and (iii) neither 12STOCKS.COM [and its network of web sites] nor any Third Party Service Provider is engaged in providing auditing, accounting, financial, tax, or legal, advice or rendering other professional service or advice.


NEITHER 12STOCKS.COM [and its network of websites], NOR ITS THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 12STOCKS.COM [AND ITS NETWORK OF WEBSITES] AND THE THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOST REVENUES, OR LOST PROFITS.

NEITHER 12STOCKS.COM [AND ITS NETWORK OF WEBSITES] NOR ANY THIRD PARTY SERVICE PROVIDER PROVIDES ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND 12STOCKS.COM [AND ITS NETWORK OF WEBSITES] AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN, THE MISUSE OR MISINTERPRETATION OF, OR THE RELIANCE ON ANY INFORMATION CONTAINED IN THE MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SITE AND THE MATERIALS. IN NO EVENT WILL THE LIABILITY OF 12STOCKS.COM [AND ITS NETWORK OF WEBSITES] OR ITS THIRD PARTY SERVICE PROVIDERS TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT OF ANY FEES YOU HAVE PAID FOR ACCESS TO THE SITE OR THE MATERIALS, IF ANY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last.


You should also understand that 12STOCKS.COM [and its network of web sites including this web site], it's third-party providers and their respective officers, directors and employees may be active investors in the market and may or may not have open positions in any financial instrument mentioned on this website or from any of our network of websites.


None of the information [or content] on this website is guaranteed to be accurate, complete, useful or timely. 12STOCKS.COM [and its network of web sites including this web site] and its third-party providers do not warrant or guarantee such accuracy, completeness, usefulness or timelines.


You agree to evaluate and bear all risks associated with the use of any Content appearing on 12STOCKS.COM [and its network of websites] web pages, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 12STOCKS.COM [and its network of websites including this web site] or submitted to 12STOCKS.COM [and its network of websites  including this web site], including without limitation information in 12STOCKS.COM [and its network of websites] web sites, Message Boards & Forums, and in all other parts of the Service.


This website is available to all users "as is" without any representations or warranties of any kind, either express or implied. 12STOCKS.COM makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. 12STOCKS.COM (and its network of websites) accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of 12STOCKS.COM, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website.
4. Links to Third Party Materials

12STOCKS.COM may provide links ("Links") to Internet sites maintained by third parties. All Links to other sites found on the Site are publicly available on the World Wide Web and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of 12STOCKS.COM [and its network of websites including this web site] or any Third Party Service Provider and the owners of such Links are not affiliated with 12STOCKS.COM and do not sponsor or endorse the Site. Neither 12STOCKS.COM [and its network of websites  including this web site] nor any Third Party Service Provider has tested or verified the content, accuracy, or opinions expressed on any Links on the Site and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links to third-party sites.


5. Code of Conduct. While using any 12STOCKS.COM [and its network of websites including this web site] product or service, you agree not to:


· Restrict or inhibit any other visitor or member from using any 12STOCKS.COM [and its network of websites  including this web site] product or service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the 12STOCKS.COM [and its network of websites  including this web site] web sites;
· Use any 12STOCKS.COM [and its network of websites including this web site] product or service for any unlawful purpose;
· Express or imply that any statements you make are endorsed by us, without our prior written consent;
· Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
· Engage in spamming;
· Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
· Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the 12STOCKS.COM [and its network of websites] web site;
· Remove any copyright, trademark, or other proprietary rights notices contained in the 12STOCKS.COM [and its network of websites] web site;
· "Frame" or "mirror" any part of the 12STOCKS.COM [and its network of websites] web site without our prior written authorization;
· Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any 12STOCKS.COM [and its network of websites] product or service or its contents;
· Harvest or collect information about visitors to or members of 12STOCKS.COM [and its network of websites including this web site] without their express consent; or
· Permit anyone without an account or subscription to use any 12STOCKS.COM [and its network of websites] product or service through your subscription, user name or password.
While using 12STOCKS.COM [and its network of websites] products or services you agree to comply with all applicable laws, rules and regulations.

6. Indemnification

You agree to immediately notify 12STOCKS.COM of and to indemnify and to hold 12STOCKS.COM [including this web site] and its Third Party Service Providers harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to these Terms and Conditions or your access to, and use of, this Site. You shall use your best efforts to cooperate with us in the defense of any claim. 12STOCKS.COM and its Third Party Service Providers reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to indemnify, defend and hold 12STOCKS.COM Parties ]and its network of websites] harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any 12STOCKS.COM Parties [and its network of websites] Products or Services.


7. Message boards and Forums
Substantial number of users using our message boards or forums have limited [and maybe even no] experience with financial markets. Hence, you should never use any information found in our forums and discussion boards for investing or trading purposes. We do not endorse any comments, opinions and recommendations posted in our forums. You should always exercise discretion and healthy skepticism when reading and weighing information posted on message boards and forums. Our hope is that users will share information that is accurate and timely but their is no guarantee of same. Some information posted by users on our forums may be misleading, inaccurate and just plain wrong. You should never take any advice from any other user on our message boards or forums. You should always consult with your financial advisor regarding correctness of information before making any trading or investment action. Relying on information posted on message boards and forums on this web site for investing or trading purposes is done entirely and solely at your own risk.


ACKNOWLEDGEMENTS: We are very thankful to IEX for stock data.




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