Terms of Service

FangWallet, LLC Terms of Service

1. Terms

By accessing the website at https://insider.fangwallet.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on FangWallet, LLC ‘s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on FangWallet, LLC’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by FangWallet, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on FangWallet, LLC’s website are provided on an ‘as is’ basis. FangWallet, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, FangWallet, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
  3. The content of this website is for informational purposes only and does not represent investment advice, or an offer or solicitation to buy or sell any security, investment, or product. Investors are encouraged to do their own due diligence, and, if necessary, consult professional advising before making any investment decisions. Investing involves a high degree of risk, and financial losses may occur including the potential loss of principal.

4. Limitations

In no event shall FangWallet, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on FangWallet, LLC’s website, even if FangWallet, LLC or a FangWallet, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on FangWallet, LLC website could include technical, typographical, or photographic errors. FangWallet, LLC does not warrant that any of the materials on its website are accurate, complete or current. FangWallet, LLC may make changes to the materials contained on its website at any time without notice. However FangWallet, LLC does not make any commitment to update the materials.

6. Links

FangWallet, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FangWallet, LLC of the site. Use of any such linked website is at the user’s own risk. Any mention of “permanent” or “lifetime” language is tied to the duration of time that the https://insider.fangwallet.com website stays fully operational under no change in management or ownership.

7. Modifications

FangWallet, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

9. Registration and Account Security.

To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.

a) Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from FangWallet for any purpose.

b) You Are Responsible For Your Account. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you.

10. User Submissions; Online Rules of Conduct

When you post any User Submission on the Site or give FangWallet permission to post your Content, you agree to:

Post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.

Automatically grant FangWallet a royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Submission (in whole or in part) and/or to incorporate any of your User Submission in other works now or in the future and in any media formats and through any media channels, and you confirm and warrant to FangWallet that you own the copyright in each of your User Submissions and have all the rights, power and authority necessary to grant the above license and rights.

FangWallet will use commercially reasonable efforts to attribute material User Submissions to the author.

If you provide any feedback or suggestions to FangWallet regarding the Site or FangWallet’s services, including without limitation in response to a survey or in connection with a particular User Submission (collectively, “Feedback”), FangWallet may use such Feedback for any purpose, including without limitation to provide it to authors on their dashboard. In order that we may incorporate such Feedback into FangWallet’s Site and/or services, FangWallet alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to FangWallet free of charge.

When you post any User Submission on the Site, you also agree to abide by the following disclosure rules:

To disclose the existence at the time of writing of a long or short position (including stocks, options or other instruments) in any stock mentioned in any User Submission (except for “Comments”).

You may not write about a stock with the intention to boost or reduce the stock’s price and sell (or buy) the stock into the resulting strength or weakness.

If you intend at the time or writing to sell or buy a stock within three days of publication of a User Submission that discusses that stock, you must disclose this intention.

Abide by the following conflict of interest rule: You will disclose any material relationships with companies whose stocks you write about in a User Submission or parties that stand to gain in any way from the viewpoint you are outlining. Examples: You must disclose if you are employed by a company whose stock you are writing about; perform consulting for a company you write about; receive paid advertising revenue or any other form of sponsorship fee from a company you write about. This applies to narrow asset classes as well. For example, if you are paid to promote a gold dealer, that must be disclosed in any User Submission about gold.

If you choose an alias, be responsible for all statements made and acts or omissions that occur by use of your alias.

Waive any and all rights against FangWallet and hold FangWallet harmless in connection with any claims relating to any action taken by FangWallet as part of its investigation of a suspected violation or result of its conclusion that a violation of these TOU has occurred, including but not limited to the removal of User Submission from the Site or a suspension or termination of your access to the Site.

Maintain and promptly update your registration data to keep it true, accurate, current and complete.

You agree not to:

  1. Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable.
  2. Post or transmit any Content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.
  3. Post or transmit any Content that is unlawful, harmful or injurious to others, contains software viruses, or other harmful computer code, files or programs, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
  4. Post or transmit any Content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
  5. By use of your alias or in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
  6. Post or transmit any Content which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
  7. Post or transmit any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
  8. Post or transmit any non-public or otherwise restricted, confidential or proprietary information without authorization.
  9. Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market.

11. Caveats

While we believe that the Site can and should be a positive environment for the exchange of information, you understand that the Site is open for posting to all users. Some individuals may post comments that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.

12. Responsibility for User Submission

Each individual who submits a User Submission, whether published on the Site or not, is solely responsible for her or his own acts, including the content, context or information in the User Submission he or she submits. This means that each individual, and not FangWallet, is entirely responsible for anything and everything she or he posts on the Site

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

13. Indemnification

You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless FangWallet and its former and current employees, contractors, directors, officers and contractors from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) any content you have submitted to or through the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party, including a Third-Party Provider. FangWallet reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

14. Modifications

We reserve the right at any time to:

  • Change the terms and conditions:
  • Change the Site, including eliminating or discontinuing any content or feature of the Site; or
  • Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
  • FangWallet may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site.

15. Limitation of Liability

NEITHER FANGWALLET NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE ARE LIABLE FOR LOST PROFITS, LOST SAVINGS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH FANGWALLET. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF FANGWALLET, ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE SITE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FANGWALLET FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. IN NO EVENT SHALL FANGWALLET, ITS INFORMATION PROVIDERS OR ANY THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE GICS SERVICE (DEFINED BELOW), BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR YOUR INABILITY TO USE THE GICS SERVICE.

16. Important Securities Disclaimer

You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the bloggers, information providers, app providers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.

You understand that the Site may contain opinions from time to time with regard to securities mentioned in other FangWallet blogs or products, and that opinions in one blog or product may be different from those in another blog or product. Any views or opinions expressed may not reflect those of FangWallet as a whole. We require all employees to disclose every stock in which they, their immediate family, or any entity under their control, have a personal interest, if such stock is mentioned in a blog, post, or content which they write. However, you understand and agree that non-employees, including outside bloggers or other content contributors or their affiliates, may write about securities in which they or their firms have a position, that they may trade for their own account, and that they may or may not be subject to a disclosure policy. In cases where FangWallet becomes aware that one of its employees has violated his or her disclosure obligation, FangWallet will take appropriate action. In addition, outside bloggers or content contributors may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more bloggers or content contributors or their affiliates may have a position in the securities they write about.

You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Site are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

13. No Investment Recommendations or Professional Advice

The content on the Site is being provided for information purposes only. The Site does not provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by FangWallet or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation and for evaluating the merits and risks associated with the use of the information on the Site before making any decisions based on such information or other content. You should consult an attorney or tax professional regarding your specific legal or tax situation.

Past performance is no guarantee of future results. Therefore, you should not assume that the future performance of any specific investment or investment strategy will be profitable or equal to corresponding past performance levels. Inherent in any investment is the potential for loss.

No recommendation or advice is being given as to whether any investment is suitable for a particular investor. It should not be assumed that any investments in securities, companies, sectors or markets identified and described were or will be profitable. FangWallet is not a fiduciary by virtue of any person’s use of or access to the Site. FangWallet is not a licensed securities dealer, broker or US investment adviser or investment bank.

17. Termination

You understand and agree that FangWallet may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.

18. Prohibited Conduct.

You agree not to:

  1. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
  2. Violate or misappropriate or encourage others to violate or misappropriate the rights of third-parties, including intellectual property rights;
  3. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
  4. Interfere in any way with security-related features of the Services or the Site;
  5. Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
  6. Access, monitor or copy any content or information of the Site using any robot, scripts, spider, scraper, or other automated means or for any purpose or any manual process to collect information or content, or use the Services as part of any machine learning or similar algorithmic activity without FangWallet’s express written permission;
  7. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;
  8. Copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, publish, disclose, distribute, display or prepare derivative works of the Services;
  9. Except to the extent permitted by applicable law and except to the extent expressly permitted in these Terms, reverse engineer, disassemble, or decompile the Services, including any corresponding source code, without prior written consent from us; or
  10. Sell or otherwise transfer the access granted herein.

19. DISCLAIMERS OF WARRANTIES.

THE DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY IN THIS SECTION 10 APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALTHOUGH FANGWALLET SEEKS TO MAINTAIN SAFE, SECURE, ACCURATE, AND WELL-FUNCTIONING SERVICES, WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES, AND THERE MAY AT TIMES BE INADVERTENT TECHNICAL OR FACTUAL ERRORS OR INACCURACIES.

A) NO WARRANTIES. FANGWALLET SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A THIRD-PARTY PROVIDER. FANGWALLET IS NOT RESPONSIBLE FOR THE LOSS OF, DAMAGE TO, OR UNAVAILABILITY OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE BACKUP COPIES OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICES.

B) NO GUARANTEE OF ACCURACY. FANGWALLET DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES.

C) SERVICES PROVIDED FOR INFORMATIONAL PURPOSES. THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL, EDUCATIONAL, OR ENTERTAINMENT PURPOSES AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, TAX PLANNING, MEDICAL, OR OTHER ADVICE. FANGWALLET AND THE SERVICES ARE NOT ENDORSED BY OR AFFILIATED WITH FINRA, AND FANGWALLET IS NOT A FINANCIAL INSTITUTION OR INSURANCE PROVIDER. FANGWALLET MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, INCLUDING RECOMMENDATIONS OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, FANGWALLET RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF ACCOUNTANTS OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN FINANCIAL RESEARCH AND FINANCIAL DECISIONS, AND THAT FANGWALLET IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS OR ACTIONS YOU TAKE OR AUTHORIZE THIRD-PARTIES TO TAKE ON YOUR BEHALF BASED ON INFORMATION YOU RECEIVE AS A USER OF FANGWALLET.

D) NO WARRANTIES REGARDING THIRD-PARTIES. FANGWALLET MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY THIRD-PARTY, INCLUDING THIRD-PARTY PROVIDERS, ANY SERVICE OR ADVICE PROVIDED BY A THIRD-PARTY, INCLUDING THIRD-PARTY PRODUCTS, OR ANY QUOTES OR OFFERS PROVIDED THROUGH THE SERVICES. FANGWALLET DOES NOT ENDORSE ANY PARTICULAR ADVISOR OR OTHER THIRD-PARTY. FANGWALLET ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND THIRD-PARTY PROVIDERS AND OTHER THIRD-PARTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED BY SUCH THIRD PARTIES. SEE SECTION 3, ABOVE, FOR MORE INFORMATION REGARDING THIRD-PARTIES AND THIRD-PARTY SERVICES.

E) THE OUTPUT OF ANY TOOLS OR SERVICES OFFERED TO YOU THROUGH FANGWALLET MAY BE INACCURATE AND MAY NOT REFLECT CORRECT, CURRENT, OR COMPLETE INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY, OR ENCOURAGE OTHERS TO RELY, ON ANY OUTPUT FROM ANY TOOLS OR SERVICES OFFERED TO YOU WITHOUT INDEPENDENTLY EVALUATING AND VERIFYING THEIR ACCURACY AND APPROPRIATENESS. THE OUTPUT SHOULD NOT BE RELIED UPON TO MODIFY OR MAKE PURCHASING DECISIONS OR AS INSURANCE OR FINANCIAL ADVICE.

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