STOCKSTAT Terms and Conditions

The following terms and conditions govern your “use” of the STOCKSTAT App (“App”), operated by StockStat, LP (“Operator”), including, but not limited to, content, data and materials available or generated on the App and/or your download and use of the App.

BY USING THE APP, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH OPERATOR THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE APP. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. Operator has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation and prosecution.

1. Limited License
   Subject to payment of the required fee(s) and compliance with these Terms and Conditions, you are granted a nonexclusive, nontransferable, limited license to download and use the App, for so long as you comply with these Terms and Conditions.
   
   This license is not a sale of the App. You acquire no proprietary interest in the App. Only individuals authorized by Operator may download and/or use the App.
   
   You agree not to download, copy or use the App except as expressly permitted by these Terms and Conditions. You shall not transfer, sublicense, rent, lease or lend the App to any third party.


2. Updates
   Operator may from time to time, but is not obligated to, issue updates, modifications or upgrades to the App, and may do so with automatic electronic updates. You consent to such automatic updates and agree that these Terms and Conditions apply to such updates.


3. Incorporation of Other Documents
   Other provisions that govern your use of the App may be set forth in other documents, terms, conditions and policies, all of which are incorporated by reference into these general Terms and Conditions.


4. Payment
   
   Operator does not sell product or services to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
   
   By entering into this transaction, you agree to pay in full the purchase price, license fees, shipping and/or other charges, and all taxes applicable to this transaction. YOU AUTHORIZE, AND GRANT PERMISSION TO OPERATOR, THROUGH ITS THIRD-PARTY PAYMENT SERVICE, TO BILL YOUR CREDIT CARD. Credit card payments are currently handled through iTunes and/or the Google Play Store. The iTunes terms of use can be found by clicking here. The Google Play Store terms of use can be found here. Any change in third-party payment service will be posted on the App.
   
   All sales are subject to availability and we reserve the right to limit quantities and to discontinue the App, even if you have already placed your order. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. All prices are subject to change without notice.
   
   Failure to pay, for any reason, may result in legal action against you. In addition to such other remedies as it may have, Operator shall be relieved of its obligation to provide the App and the full amount due shall immediately become due and payable by you. You must also reimburse Operator for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.
   
   By purchasing the App, you represent and warrant to Operator that: (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these terms and conditions; (ii) you shall comply with all terms and conditions set forth herein; (iii) you have provided accurate and complete information, including, without limitation, your legal name, address, telephone number and credit card information, if necessary; and (iv) you are an authorized user of the credit card used for this transaction.



5. Intellectual Property Rights
   
   © 2015 StockStat, LP. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the App (in both print and machine-readable forms) belong to Operator. You shall not in any manner violate or attempt to impair the Rights of Operator in the App. Unless otherwise noted, other graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of Operator in the U.S. and/or other countries. Operator’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
   
   You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire information or use the App and/or any content uploaded to the App. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the App without the express written permission of Operator.
   
   You agree that any breach of these Terms and Conditions would cause Operator irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Operator may be entitled, you agree that Operator may seek injunctive relief to prevent the actual, threatened or continued breach of these Terms and Conditions. Any breach of these Terms and Conditions shall result in immediate termination of the license provided for herein, and any refunds of amounts paid shall be in the sole discretion of Operator.



6. User Push Notifications
   
   You can send push notifications to other App users via the App. In order to make your push notifications useful to other users, the following guidelines have been established:
   
   
   • Post material that is relevant to users of the App.
   • Do not post threatening, harassing, defamatory or libelous material.
   • Do not make false or misleading statements.
   • Do not offer to sell or buy any product or service.
   • Do not post material that infringes copyright, patent, trademark or intellectual property rights of another.
   • Do not post information that is confidential or sensitive or otherwise in breach of the law.
   • Do not post material that is obscene, distasteful, vulgar or contains any pornography as determined in our sole discretion.
   • Do not post material that is otherwise objectionable.
   
   Operator will not accept responsibility for information sent via push notifications on the App. You agree to indemnify Operator and its associated parties for any issues arising out of your push notifications, as further described in Section 11, below. It is not Operator’s policy to delete push notifications; however, Operator reserves the right to remove push notifications at its discretion. Please note that once you send a push notification, it becomes part of the public conversation.
   
   You agree to allow Operator to store or re-format your push notifications on the App and display your push notifications on the App in any way as Operator chooses.
   
   You represent and warrant that: (i) you are the sole owner and author of any material contained in your push notification; (ii) no part of the push notification has been previously published; (iii) the push notification does not infringe the intellectual property rights of any person or entity; (iv) the push notification does not violate the rights to privacy or publicity of any person; and (v) the push notification does not constitute defamation or libel against any person or entity.



7. External Links and Trademarks
   
   The App may contain links to external third-party websites. By providing links to other sites, Operator does not guarantee, approve, or endorse the information or product available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to Operator’s App.
   
   Suppliers and advertisers may have trademarks that are shown on the App. These trademarks are property of their respective owners. You acquire no rights in such content.



8. Termination
   
   Operator reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these Terms and Conditions. Upon termination by Operator, you must immediately cease using the App. You may also terminate this Agreement at any time by ceasing your use of the App. Operator may also suspend or discontinue the App without notice. Operator reserves the right, without notice and in its sole discretion, to terminate your right to use the App or any portion of it, to block or prevent your future access to and use of the App, and to establish limits concerning use of the App, including the frequency with which you may access the App.
   
   The Payment, Intellectual Property Rights, User Push Notifications, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Governing Law and Venue and Severability sections shall survive any termination of your use of the App, or expiration or termination of this Agreement.



9. DISCLAIMER OF WARRANTIES
   
   THE APP IS PROVIDED “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OPERATOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OPERATOR DOES NOT WARRANT THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. OPERATOR SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE APP CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF OPERATOR. YOU HEREBY ACKNOWLEDGE THAT THE APP MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE APP, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF OPERATOR.
   
   THE APP COMPILES INFORMATION AND DATA PROVIDED BY THIRD PARTIES AND OPERATOR GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION AND/OR DATA PROVIDED TO OPERATOR OR OPERATOR’S REPRODUCTION THEREOF. THE APP ALLOWS USERS TO SEND PUSH NOTIFICATIONS TO ALL APP USERS. OPERATOR GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURRACY, COMPLETENESS OR TIMELINESS OF THE PUSH NOTIFICATIONS SENT BY USERS VIA THE APP.
   
   CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.



10. LIMITATION OF LIABILITY
    
    OPERATOR’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OPERATOR’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES; AND (B) $100. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST OPERATOR. OPERATOR AND (AS APPLICABLE) OPERATOR’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, AND ATTORNEYS’ FEES). THIS LIABILITY LIMIT APPLIES EVEN IF OPERATOR OR A THIRD-PARTY ACTED NEGLIGENTLY. OPERATOR WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD-PARTY WHO IS JOINTLY LIABLE TO YOU. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST OPERATOR.



11. INDEMNITY
    
    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD OPERATOR AND (AS APPLICABLE) OPERATOR’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO ANY PUSH NOTIFICATION SENT VIA THE APP BY YOU OR BY YOUR MOBILE DEVICE; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) PRODUCT AND/OR APP MISUSE; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (E) ANY CONTENT YOU POST, UPLOAD, STORE OR OTHERWISE TRANSMIT THROUGH THE APP; (F) ANY FEEDBACK YOU PROVIDE; OR (G) YOUR CONDUCT IN CONNECTION WITH THE APP.



12. GOVERNING LAW AND VENUE
    
    THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN RANDALL COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE UNITED STATES, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
    
    THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN RANDALL COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.



13. No Waiver
    
    The failure of Operator to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.



14. No Assignment
    
    These Terms and Conditions may not be assigned or transferred by you.



15. Severability
    
    If any provision of these Terms and Conditions shall be deemed unlawful or unenforceable then that provision shall be deemed severable from these Terms and Conditions and such severed provision shall not affect the validity and enforceability of the remaining provisions.



16. Changes to These Terms
    
    These Terms and Conditions may be changed by Operator immediately upon notice. Continued use of the App following any change constitutes acceptance of the change.