Acceptance of These Terms of Service
Magnifi Communities (“Magnifi Communities,” “we,” “us,” or “our”) makes available to you articles, rankings and performance information relating to featured stocks on our websites located at https://stocknewsguru.com, https://www.investorsalley.com/, https://www.ino.com/ (each, a “Site” and collectively, the “Sites”). You may use our Sites to access hosted coaching sessions along with our coaches example trades and portfolios (our “Programs”). We also provide a newsletter to which you can subscribe through the Sites in order to receive it by email. Information on how to register for such newsletters is posted on the Sites. We collectively refer to your ability to browse the Sites, to access the Programs and to receive the newsletter, including any updated or new features, functionality and technology of any of the foregoing, as our “Service”. All access and use of the Service is governed by the terms and conditions set out in these Terms of Service (as amended from time to time, these “Terms of Service”). You acknowledge that certain Sites are subject to terms and conditions supplementary to, or that differ from, those set out herein in these Terms of Service. For example, additional terms are sometimes set out in the checkout where you purchase your access to our Programs. Such additional terms are called “Site Supplements”. The terms and conditions contained in any Site Supplement apply only to the particular Site on which they are posted. By using or continuing to browse this site, you agree to abide by the terms and conditions set forth herein as well as in all Site Supplements. EACH SITE SUPPLEMENT IS HEREBY INCORPORATED IN, AND SHALL FORM A PART OF, THESE TERMS OF SERVICE, PROVIDED, HOWEVER, THAT IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS CONTAINED IN A SITE SUPPLEMENT AND THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE SHALL SUCCEED AND APPLY. By accessing, browsing, or otherwise using the Sites, the Programs, the newsletter or any other aspect of the Service, you acknowledge that you have read, understood and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, then you shall not access, browse or otherwise use the Service.
We may modify or update parts of these Terms of Service at any time. If we do this, we will make sure to post such changes on this page and indicate at the top of this page the date these Terms of Service were last revised. You may view a currently effective, operating version of these Terms of Service by clicking on the “Terms of Service” link on the Sites. We also will notify you of any material changes, through the Service user interface, by pop-up notice, email or through any other reasonable means. Your continued use of the Service after the date any such changes become effective shall constitute your acceptance of the new Terms of Service. You should regularly check this page for any changes to the Terms of Service. By accessing, browsing, or using (or continuing to access, browse, or use) the Service after changes to the Terms of Service have been posted, you agree to be bound by and be subject to the Terms of Service as amended.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU AGREE TO RESOLVE ALL CLAIMS YOU HAVE AGAINST US THROUGH FINAL AND BINDING ARBITRATION, AND FURTHER -(1) you may only bring claims against MAGNIFI COMMUNITIES on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you may only seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you may not be able to have any claims you have against us tried by a jury or in a court of law.
Your Privacy: Magnifi Communities respects the privacy of its users. For more information please refer to our Privacy Policy, located at https://www.stocknewsguru.com/privacy-policy/ (the “Privacy Policy”). By using the Service, you agree to our collection, use and disclosure of personal data and other data as outlined therein.
Access and Use of the Service
Service Description: The Service is available to provide you with access to a virtual community of stock traders that will allow you to browse relevant content, access the Programs and subscribe to our newsletter.
Registration Obligations: In order to access and use certain features of the Service, you may be prompted to register with Magnifi Communities or provide information about yourself (e.g., name and email address). If you decide to register with the Service, you will provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Any sensitive information voluntarily given to the Service by you is collected and may be used. Our Privacy Policy explains how such information is collected, used, and disclosed. The Service is not intended for children under 13 years old. In addition, if you are a minor, you may use the Service, with or without registering, only with the consent of your parent or guardian.
Member Account, Password and Security: You agree to maintain the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) promptly notify Magnifi Communities of any unauthorized use of your password or account or other appropriate action you should take with respect to the Services, and (b) immediately exit from your account at the end of each session when accessing the Services. Magnifi Communities will have no liability to you or any third-party claimant for losses or damages, and all representations and warranties herein are void, to the extent resulting from your failure to comply with this paragraph.
Changes to Service. Magnifi Communities reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Magnifi Communities will not be responsible to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage. You agree that Magnifi Communities may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service. You agree that Magnifi Communities has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You agree that Magnifi Communities may terminate your account and your access to the Service if it is determined that your account has been inactive for a period of time specified in Section 3 above. You acknowledge that Magnifi Communities reserves the right to change these terms and conditions, or to impose new charges for use of the Service or any part thereof, at any time and in its sole discretion, with or without notice.
Conditions of Access and Use
User Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Magnifi Communities, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”) and you agree not to use the Service or upload any User Content in a way that is illegal or prohibited by Magnifi Communities. The rights reserved by Magnifi Communities under this section include, but are not limited to the right to investigate and take appropriate legal action against anyone in Magnifi Communities’ sole discretion who violates this provision, including removing offending content from the Service, suspending or terminating violators’ accounts and reporting violators to law enforcement authorities.
Competitors. No employee, independent contractor, agent, or affiliate of any competing virtual stock trading community shall at any time view, access, or use any portion of the Service unless expressly permitted in writing by Magnifi Communities. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Magnifi Communities or any of its affiliates, or acting on behalf of a competitor of Magnifi Communities in using or accessing the Service.
Fees. If the Service or any of its licensed portions is made available to you for any fee, you will be charged according to the selected payment plan and shall provide Magnifi Communities with information regarding your credit card or other payment instrument. You agree to represent and warrant that such information shall be true and that you are authorized to use the payment instrument. You will update the account information with Magnifi Communities or the Payment Processor, as applicable, for any changes that may occur promptly (for example, a change in your billing address or credit card expiration date). You agree to pay Magnifi Communities the amount of the payment plan as determined in accordance with its terms and conditions and these Terms of Service. IF YOUR PAYMENT PLAN INCLUSIVE OF PERIODIC, AUTOMATICALLY RENEWING SUBSCRIPTION OR SERVICE(S), YOU AGREE THAT Magnifi Communities (THROUGH THE PAYMENT PROCESSOR) MAY PRE-AUTHORIZE YOUR PAYMENT INSTRUMENT TO MAKE PAYMENTS TO US IN ADVANCE ON SUCH PERIODIC BASIS, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE PAYMENT PLAN, UNTIL YOU CANCEL YOUR ACCOUNT, AND THAT YOU SHALL REMAIN RESPONSIBLE FOR ANY CHARGES SO INCURRED. If you disagree with any of the charges, you must notify Magnifi Communities within six (60) days after the date that Magnifi Communities charge you. We reserve the right to change prices of Magnifi Communities. If Magnifi Communities modifies its prices, Magnifi Communities shall give the Service user notice of a change in prices through the Service user interface, in a pop-up notice, by email, or by such other reasonable means that Magnifi Communities may choose, at least [thirty (30)] days prior to the effective date of any such change. Your use of the Service after the price change becomes effective shall constitute your acceptance of the new amount to be paid. You are responsible for any taxes associated with the Service, except for taxes based on Magnifi Communities’ net income.
Payment Processing. Regardless of any amounts due to Magnifi Communities under this Agreement, MAGNIFI COMMUNITIES DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate bank account, credit card, or debit card payment for the Service, we use a third-party payment processor (the, “Payment Processor”). These payment processing services shall be provided by the Payment Processor and are subject to the Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). Registration for, or acceptance of, the Service binds to the Terms of Service of the customers using payment capabilities in the Service, that of being bound by the Payment Processor Agreements, as though the same may be amended from time to time by the Payment Processor. You agree that by using the Service, you give your consent to allow the Payment Processor to store your authorized means of payment after the same have expired to ensure payments without interruption for your use of the Service. For further information, you may contact the Payment Processor. Magnifi Communities will not in any way be held liable for payments made by you through the Service.
Refunds and Cancellations: Except as otherwise indicated on a Site Supplement, any payments you make hereunder are final and non-refundable. You may cancel your subscription online by emailing the relevant Site at the address specified below, or by filling in the relevant Site form cancellation email specified below:
Performance Guarantees: As a condition of certain Sites, we may provide you with a limited guarantee with respect to the performance of a specific Site (a “Performance Guarantee”). If you acquire a Performance Guarantee, the terms and conditions of that Performance Guarantee will be described on the applicable Site Supplement. You agree that this Performance Guarantee applies solely to your personal access and use of the applicable Site, and not to your access and use of any other Sites. If your Performance Guarantee is not met, you will be entitled to receive a full or partial refund of all or a portion of the amounts paid by you for accessing and using the Site for which the Performance Guarantee is applicable (the “Eligible Refund”). Your Eligible Refund will never exceed what you have paid to access and use the Site for which the Performance Guarantee applies, and your actual refund will ultimately be determined by the applicable Site Supplement. The money you have paid to access any one of the other Sites won’t be included within the scope of your Eligible Refund, no matter what.
Lifetime Subscription Terms and Conditions: A lifetime subscription to a part of the Service (a “Lifetime Subscription”) is subject to the following terms and conditions. You are entitled to access such components covered by your online order for such Lifetime Subscription (collectively, an “Order”) for as long as such components of the Service are offered and supported by us. Lifetime Subscription applies only to those elements of the Service identified in the relevant Order and does not include any future services that might be developed or other elements of the Service. Lifetime Subscriptions are for private non-commercial use only. You may not assign, transfer or resell in any way Lifetime Subscriptions to any other person or entity. We may update these Terms or modify parts of Lifetime Subscription at our discretion and notify you in the Terms of Service in advance. Once you purchase a Lifetime Subscription, your membership will continue until the earlier of 99 years or until we terminate the Components of the Service for which you have purchased a Lifetime Subscription, or until you end your Service account earlier in accordance with these Terms of Service or we suspend or terminate our business operations related to the Services. We will not be able to promise you how long Lifetime Subscription access will stick around. When a Lifetime Subscription is given to you, you acknowledge and agree that parts of the Services for which you have paid a Lifetime Subscription fee may change or otherwise become unavailable in the future.
Commercial Use. Except as expressly permitted by the applicable license agreement or by the Service, you agree not to display, distribute, license, sublicense, rent, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload any portion of the Service, use of the Service, or access to the Service for any commercial purposes. The Service is solely for your personal use.
Mobile Services and Software
Mobile Services: The Service includes certain mobile services available from a mobile device, including the ability to access the Service and the Sites from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service using a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. Moreover, your carrier may not allow you to download, install or use some Mobile Services, and not all of Mobile Services will work with all carriers or devices. You agree to our sending to your mobile device text messages, MMS messages, or other types of electronic messages concerning Magnifi Communities and other affiliated companies, and certain information about your use of the Mobile Services may be transmitted to us. Additionally, by changing or de-activating your mobile phone number, you agree to promptly update your Magnifi Communities account information so that your messages are no longer sent to the person who eventually gets your old number.
Ownership; Limitations. The technology and software underlying the Service or distributed in connection therewith is the property of Magnifi Communities, its affiliates, and its licensors (the “Software”). You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Magnifi Communities.
International Use and Export Controls: Magnifi Communities is a company based in the United States. Visit or access the Service from outside the United States, you agree to use the Service at your own risk. Whichever way, whether from within or outside the US, you are solely responsible for ensuring compliance with laws of your particular jurisdiction. All software available in connection with the Service and all associated data transmitted to you may be subject to export controls of the United States. No software shall be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. You agree to comply with all applicable international and national laws that apply to your use of the Service and downloads from the Service, including, without limitation, United States Export Restrictions.
Intellectual Property Rights
Service Content. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as specifically authorized by Magnifi Communities, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Except as specifically authorized by this Agreement, you may not use the Service or the Service Content for any purpose other than as specifically permitted herein.
Trademarks: The stocknewsguru.com, Investorsalley.com, INO.com, and Magnifi Communities name and logos displayed through the Service are trademarks and service marks of Magnifi Communities (collectively the “Magnifi Communities Trademarks”). Other Magnifi Communities, product, and service names and logos used and displayed through the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Magnifi Communities. No license or right to use any of Magnifi Communities Trademarks displayed on the Service is granted to you by implication, estoppel, or otherwise, without our prior written permission in each instance. All goodwill generated from the use of Magnifi Communities Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Magnifi Communities be liable for any content or material of third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a direct or indirect result of the use of any such content. You agree that Magnifi Communities has no obligation to screen materials posted on the Service; however, Magnifi Communities and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Nothing in this shall operate to limit the preceding subparagraph, Magnifi Communities and its designees may edit or delete any content in their sole discretion that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
User Content: Representations, Warranties and Covenants You hereby represent and warrant to us that you own all rights, title and interest in and to the User Content, including all copyrights and rights of publicity in such User Content. You hereby grant Magnifi Communities and its affiliated companies, successors, and assigns a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
For analytical purposes only, including, but not limited to, business and customer analysis, you grant Magnifi Communities and its third-party services providers the right to derive statistical and usage data regarding your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Magnifi Communities are non-confidential and Magnifi Communities will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Magnifi Communities may preserve User Content and also disclose User Content if Magnifi Communities believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of Magnifi Communities, its users and the public. You understand that technical processing and transmission of the Service, including your User Content, may involve: (i) transmissions over various networks; and (ii) modifications to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Services and Websites
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Moreover, you may connect to or log on to the Service through a number of Third Party Services, including social media and other social networking services offered by third parties such as [Facebook or Twitter]. Your use of the Third-Party Services may also be subject to other terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Certain Third-Party Services may also provide us with access to information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose that information in accordance with our Privacy Policy. More detailed information about the implications of activating Third-Party Services, and our use, storage and disclosure of information related to you and your use of those Third-Party Services when using the Service, can be found in our Privacy Policy. Magnifi Communities has no control over, and is not responsible for, such Third-Party Services including, without limitation, their accuracy, availability or reliability, or for any of their respective privacy practices. We encourage you to review the privacy policies of any third-party services prior to using such services. You are responsible, and will pay for all costs and charges associated with your use of any Third-Party Services. We provide these Third-Party Services only as a convenience, and such inclusion or integration of these Third-Party Services does not imply recommendation or endorsement by Magnifi Communities of such Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third party. We will not be responsible or liable, directly or indirectly, for any harm or loss suffered or alleged to have been suffered by or in connection with use of or reliance on any Third-Party Services.
Indemnification
You shall defend, indemnify, and hold harmless Magnifi Communities, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Magnifi Communities Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Provided, however, that nothing herein shall obligate you to indemnify or hold harmless any Magnifi Communities Party from or against any liability, losses, damages, or expenses arising or resulting from such action or inaction of a Magnifi Communities Party. Any Magnifi Communities Party shall give to you notice of any claim, suit or proceeding to which this indemnity may apply. Magnifi Communities may assume, at its expense, the defense and control of any action which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Magnifi Communities’ in the defense of any such action. You shall not settle or compromise any claim against the Magnifi Communities Parties without the prior written consent of Magnifi Communities.
Financial Services Disclaimer
The Service or any information contained in or on the Service should not be construed as an offer, solicitation of an offer, or advice to buy or sell securities. All projections or forecasts herein with respect thereto are hypothetical and for illustrative purposes only and are based upon variable assumptions and hypotheses and, therefore, may not reflect actual future performance.
You further understand that by using the Service, Magnifi Communities will not personally advise you regarding the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. If any of the information contained in or through the waitlist process is deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You will agree to hold yourself responsible for your financial decisions.
You understand and agree that trading securities is highly speculative. The statements of fact contained in the products or services of Magnifi Communities, to the extent permitted by law, are accurate only as of the date as of which such statements were made or, if not made on a specific date, as of the date stated herein. THERE ARE NO ASSURANCES THAT SUCH METHODS, TECHNIQUES OR INDICATORS WILL BE PROFITABLE OR THAT THEY WILL NOT RESULT IN LOSSES.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MAGNIFI COMMUNITIES PARTIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE MAGNIFI COMMUNITIES PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MAGNIFI COMMUNITIES PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MAGNIFI COMMUNITIES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE MAGNIFI COMMUNITIES PARTIES’ COLLECTIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MAGNIFI COMMUNITIES IN THE LAST SIX (6) MONTHS FOR ACCESS TO ALL SITES, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS OF IMPLIED WARRANTIES AND DISCLAIMERS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION IN ADDITION TO, WITH ORinstead OF THOSE EXPRESSLY STATED HERE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTEND. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING Portions OF THE APPLICABLE SECTIONS.
Binding Arbitration Resolution of Disputes
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Arbitration Agreement is incorporated into and forms part of these Terms of Service by reference. These Terms of Service incorporate this Arbitration Agreement. All disputes or claims that may have arisen or which may arise between you and Magnifi Communities, whether based in contract, tort, or any other theory of liability, arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us shall be resolved exclusively through final and binding arbitration, rather than by a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. This Arbitration Agreement does not prevent you from filing a claim with federal, state, or local agencies. Such agencies may, if permitted by law, bring action against us to enforce such rights. By agreeing to the Terms of Service, you agree that you and Magnifi Communities are both waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by the impartial arbitrator-not by a judge or jury. The Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Agreement.
Class and Representative Actions; Non-Individualized Relief
YOU AND MAGNIFI COMMUNITIES ARE EACH AGREEING THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MAGNIFI COMMUNITIES OTHERWISE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. Pre-Arbitration Dispute Resolution
Magnifi Communities is dedicated to resolving disputes, controversies or different claims in an expeditious and amicable manner, and most complaints may be resolved quickly to the customer’s satisfaction by contacting customer support for the relevant Site listed below.
If the parties cannot resolve a Dispute through negotiation, a party who wishes to seek arbitration must first send to the other, by certified mail and return receipt requested, a written Notice of Dispute (“Notice”). The Notice shall be mailed to [email protected] (“Notice Address”). It must (i) describe a concise statement of the facts and nature of the claim or dispute, including the basis of such claim or dispute, and (ii) describe the form of relief sought. In the event that Magnifi Communities and you do not resolve the claim within sixty (60) calendar days after receipt of the Notice, either you or Magnifi Communities may submit for arbitration. Any settlement offer made by Magnifi Communities or you will not be disclosed to the arbitrator until after the arbitrator has made a determination of the amount, if any, to which you or Magnifi Communities is entitled. https://stocknewsguru.com [[email protected]]
Arbitration Procedures
Arbitration between you and the Company regarding any disputes arising out of or related to this Agreement shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (\”AAA\”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the \”AAA Rules\”), as modified by this Arbitration Agreement.
To learn more about the AAA and about consumer arbitration, visit the AAA’s websites at http://www.adr.org. For information about the AAA Rules and consumer arbitration fees, please visit the AAA’s consumer arbitration page, https://www.adr.org/consumer. Unless both parties agree otherwise in writing, if there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable provisions of this Arbitration Agreement shall prevail except that the arbitrator shall not apply those Arbitration Agreement provisions that would result in a fundamentally unfair arbitration. The arbitrator also shall apply the applicable provisions of these Terms of Service as it would an action of a court. All questions regarding scope, enforceability, arbitrability of any issue under this Arbitration Agreement are for the arbitrator to decide. While arbitration hearings are typically less complicated and more streamlined than trials or other court procedures, an arbitrator may grant relief on an individual basis which a court can grant to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Magnifi Communities and you agree otherwise, any arbitration hearings will occur in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.
If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Magnifi Communities agrees that you may elect whether the arbitration will be conducted entirely based on documents submitted to the arbitrator, by telephonic hearing, or by in-person hearing as provided in the AAA Rules. If your claim exceeds $10,000, your right to a hearing will be determined under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Arbitration Costs
All filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) shall be paid by the applicant unless otherwise stated in this Arbitration Agreement.
If the value of the relief sought is $75,000 or less at your request, Magnifi Communities will pay all the Arbitration Fees. If the amount of relief sought is more than $75,000 and you demonstrate to the arbitrator that you cannot reasonably be expected to pay your pro rata share of the Arbitration Fees or if the arbitrator determines for any reason that you should not be required to pay your pro rata share of the Arbitration Fees, Magnifi Communities will pay your share of those fees. Finally, if you can demonstrate to the arbitrator that the costs of arbitration would be prohibitive compared with the costs of litigation, Magnifi Communities shall pay as much of the Arbitration Fees as the arbitrator shall deem necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees shall be governed by the AAA Rules. Confidentiality
All aspects of the arbitration procedure, and any decision, award or order made by the arbitrator, shall be treated as strictly confidential for the benefit of all concerned parties.
Severability
If any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, then the parties hereto agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing their intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified.
If any of the provisions of subsection (b) above entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” is held to be invalid, unenforceable or ineffective for any reason, then this entire Arbitration Agreement will be null and void, but only with respect to such provision(s) of subsection (b), and all other terms hereof shall continue in full force and effect. All other provisions of these Terms of Service shall survive. Amending Arbitration Agreement Effective on Future Date
Notwithstanding any provision in these Terms of Service to the contrary, Magnifi Communities agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Magnifi Communities written notice within thirty (30) calendar days of the change to the Notice Address provided above.
By agreeing to this Arbitration Agreement, you agree that in the event a dispute arises between us, we will submit the dispute to binding arbitration in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Magnifi Communities, in its sole discretion and with or without notice, may suspend or terminate your account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including but not limited to Magnifi Communities’ belief that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
You acknowledge that any suspected fraudulent, abusive, or illegal activity relating to your use of the Service, may be referred to appropriate law enforcement authorities at Magnifi Communities’ sole discretion. Magnifi Communities reserves the right to immediately terminate or suspend access to the Service, any Collective Content and/or your account in Magnifi Communities’ sole discretion and without liability for any reason, including but not limited to: requests by law enforcement or other government agencies. Acknowledging any termination of your access to the Service under any provision of these Terms of Service may be made without prior notice to you, and agreeing that Magnifi Communities may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. For this reason, you agree and acknowledge that Magnifi Communities will not be liable for any damages resulting from termination of your access to the Service or otherwise for any damage to your business.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Magnifi Communities will have no liability or responsibility with respect thereto. In addition, you agree to release Magnifi Communities from all liability for any claims, demands, and damages of every kind and nature arising out of or in any way connected with any disputes between you and any other user of the Service. Magnifi Communities reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Magnifi Communities governing your access and use of the Service, and supersede any prior agreements between you and Magnifi Communities with respect to the Service.
You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. Any and all disputes or controversies arising out of or related to these Terms of Service, including their interpretation, formation, performance, and any breach hereunder will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. For all disputes or claims that are not subject to arbitration, as provided above, you and Magnifi Communities agree to irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. No failure or delay by Magnifi Communities in exercising or enforcing any right or provision of these Terms of Service will operate as a waiver of such right or provision nor will any single or partial exercise of any right or provision preclude further exercise of any other right or provision. If any provision of these Terms of Service 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 these Terms of Service 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Service shall not be assigned by you without the prior written consent of Magnifi Communities, but may be assigned or transferred by Magnifi Communities, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no substantive effects. The words “include” and “including, and variations thereof will not be construed as terms of limitation but will instead be treated as being followed by the words “without limitation.” Notices to you may be made via either electronic mail or regular mail. The Service may also send you notices of changes to these Terms of Service or other matters by posting notices or links to notices generally available on the Service. Nothing in this lease shall be construed as extending, altering or qualifying the provisions of this Article, and nothing herein contained shall relieve Magnifi Communities from any obligation under this lease. Notwithstanding anything herein to the contrary, Magnifi Communities shall not be deemed to be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Magnifi Communities’ reasonable control. Notice for California Users
Pursuant to California Civil Code Section 1789.3, users from California who use the Service are entitled to the following consumer notice specific to their rights: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at (800) 952-5210 or (800) 326-2297 (TDD); or by e-mail at [email protected].
Sacramento-region consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You can reach us at Magnifi Communities, Inc., 1 Penn Plaza, Suite 3910, New York, NY 10119 or (646) 659 1252. Questions? Concerns? Suggestions?
Report violations of these Terms of Service by contacting us at [email protected], or 1 Penn Plaza, Suite 3910, New York, NY 10119. Ask a question about these Terms of Service or the Service by contacting us at [email protected], or 1 Penn Plaza, Suite 3910, New York, NY 10119.