Terms and Conditions

Last updated: November 23, 2016

This Terms of Use Agreement (“Terms Agreement”) sets forth the terms and conditions of service that governs our relationship with all individuals and organizations who interact with Collabovestor.com website and any other website owned and operated by Collabovestor.com or its affiliates (collectively, the “Site” or the “Sites”) and the products and services available at the Sites (taken together with the Sites, the “Service”). In these Terms, “you” or “your” means the person accepting this Terms Agreement and the company (if any) on whose behalf he/she is acting, and “we,” “us,” “our,” “Collabovestor,” or the “Company” means Collabovestor.com and its affiliates. By using or accessing any part of the Service, you agree that you are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into this Terms Agreement on behalf of a company, you represent that you have the authority to bind that company to the terms of this Terms Agreement. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of this Terms Agreement at any time. Your continued use of the Service following the posting of any changes to this Terms Agreement constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the Service may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this Terms Agreement, those additional terms and conditions will control.

Description of Service

Collabovestor is for people who care about sharing and accessing quality market information. There are a wide diversity of voices, ideas and opinions expressed here, many contrarian in nature. Collabovestor is a place for civilized, productive, unconventional thinking and mutually beneficial exchange. Collabovestor is a private community, and all members are expected to treat each other with courtesy and respect. The goal of Collabovestor is to facilitate helping members make better investment decisions by encouraging and rewarding all members to provide good quality analysis and market information.

There is a multitude of practical information, market analysis, and opinions on Collabovestor. The views expressed in articles, books, videos, podcasts, seminars, courses, guides and other media published on Collabovestor are not necessarily those of Collabovestor or its representatives. You are responsible for understanding and choosing whether or not to act upon any information you learn on this site. Collabovestor is not licensed by any government agency, and it is not connected with any brokerage firm, securities or commodities exchange, or other sellers of investments. Collabovestor is not engaged in rendering legal, accounting, investing, medical or other professional services. All content on Collabovestor is provided solely for informational and entertainment purposes.

Site Content

You understand that all postings, messages, text, images, video or other materials ("Content") posted or published on, uploaded to, transmitted through, or linked from, the Service (hereinafter, “post”, “posted” or “published”), by users of the Service (“Users”), are the sole responsibility of the person from whom such Content originated. Although we provide rules for User conduct, Collabovestor, its affiliates, and partners do not control, and are not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. The Company, its affiliates and partners are not responsible for the conduct, whether online or offline, of any User. Furthermore, the Site and Content available through the Service may contain links to other websites which are completely independent of Collabovestor. Collabovestor makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is done at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Collabovestor, its affiliates, or partners be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.

Sharing and Publishing Content

You are solely responsible for the Content that you post on or through the Service, or otherwise transmit to or share with other Users (collectively, the "User Content"). You may not post or share User Content on the Service that you did not create or that you do not have permission to post. You acknowledge that Collabovestor does not pre-screen or approve User Content, but that Collabovestor shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove, without prior notice, any User Content that is available via the Service, in connection with violations of the letter or spirit of this Terms Agreement or for any other reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or otherwise provide to the Company.

When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Collabovestor does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Terms Agreement, you retain full ownership of all of your User Content and any intellectual property ("IP") rights or other proprietary rights associated with your User Content. By posting IP content on Collabovestor, you consent to allowing both members and non-members of Collabovestor to access and use that information. You agree to not repost or otherwise distribute content that is made exclusively available to Collabovestor members to other third parties.

Code of Conduct

We endeavor to keep the Service safe and civilized, but we cannot guarantee it. We need your help. By accessing or using the Service, you agree to the following:

  1. You will not intimidate, threaten or harass any user.
  2. You will not use the Service to do anything unlawful or malicious.
  3. You will not upload or link to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  4. You will not post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation without the express written consent of Collabovestor.
  5. You will not access the Service using automated means such as spiders, harvesting bots, robots or scrapers.
  6. You will not use or attempt to use another’s account, service or system without authorization from Collabovestor, or create a false identity on the Service.
  7. You will not conduct any systematic or automated data collection activities such as data mining, data extraction, data harvesting, 'framing' (iframes) or article 'Spinning'.
  8. You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).
  9. You will not do anything that could damage, overburden or impair the proper functioning or appearance of the Service, such as a denial of service attack.
  10. You will not solicit the login information of other members or access an account belonging to anyone other than yourself.
  11. You will not post content or take any action on the Service that infringes or violates someone else’s rights or otherwise violates the law. We reserve the right, in our sole discretion, to remove any content or information you post on the Service, including if we believe it violates this Terms Agreement or any other Collabovestor policies.
  12. You will not post any private information of any third party’s identification documents (e.g. passport) or sensitive financial information.
  13. You will not post content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability.
  14. You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
  15. You will not facilitate or encourage any violations of this Terms Agreement or our policies.

Membership and Account Security

You agree to abide by the following commitments relating to registering and maintaining the security of your account:

  1. You will not create an account for anyone other than yourself without the express permission of the account holder.
  2. You will keep your contact and payment (e.g. Bitcoin wallet id) information accurate and updated.
  3. You will not share your password or do anything else that might jeopardize the security of your account.
  4. Collabovestor reserves the right to alter, remove or reclaim a username if we believe it is appropriate or legally necessary.

Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for non-personal use, is prohibited without the express written consent of Collabovestor.

Termination

If you violate the letter or spirit of this Terms Agreement, or otherwise create legal risk for us, we reserve the right, at any time in our sole discretion, with or without notice, to terminate your membership to the Service and delete your profile and any User Content that you have posted on the Service without refund or recourse.

Disputes

You agree that you, the company you represent, any of its officers and directors, or any affiliated companies and their officers and directors, will never file suit for any reason, at any time, in any court, against Collabovestor or any of its members.

If either party ever has a disagreement regarding any issue, both parties agree to try to work out such disagreements in a fair and reasonable manner. If the parties cannot work out their disagreements, your only remedy is to request binding arbitration with a single arbitrator.

The party that wants to initiate arbitration shall contact a well-established arbitration organization in the Province of Ontario, Canada and request arbitration with a single arbitrator to begin on a date and time that is mutually agreeable to both parties and the arbitrator, but no later than fourteen business days from the date of the request. The party that initiates the arbitration will notify the other party in writing of the arbitration within one day of making that request.

Both parties agree to the following arbitration format:

  1. The arbitration shall be attended by each party either in person or via telephone or via video-conference with or without attorneys present.
  2. Each party will privately discuss with the arbitrator the facts as they see it, and their viewpoint regarding the disagreement.
  3. The arbitrator will listen to both parties and ask questions or request information to clarify or verify facts.
  4. The arbitrator will then take all the facts and make a decision, which will be binding, within 24 hours.
  5. The arbitrator will be required to base his decision not on the technicalities of the law, or the technicalities or wording in any specific contract, but he/she will base his/her decision on "fairness and equality", and "under the spirit of true justice and original intention", and what is "fair" for all parties concerned today.
  6. The arbitrator may award compensatory damages and legal fees, as he or she deems appropriate.
  7. The arbitration award shall be final and binding upon both parties and may be enforced in any court of competent jurisdiction.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Taxes

Collabovestor is not responsible for any taxable event. Any taxes required to be collected will be the sole responsibility of the members of the Service. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your use of digital payment tokens such as bitcoins. Such taxes may include duties, customs fees, capital gains or other taxes (other than income tax), along with any related penalties or interest, as applicable to your collection, use and spending of tokens depending on your country of origin.

Use of Digital Payment Tokens

Due to the nature of the Service, members who share good quality information often earn a high ranking within the Service by a proprietary formula. The high ranking is in part achieved by receiving votes from other members. The nomenclature used by Collabovestor to identify ranking is called Street Cred. The higher the ranking of a particular member, the higher his/her Street Cred. Street Cred are accumulated periodically during a period of time ("Voting Period") wherein other members have the opportunity to vote on information posted by all members. Street Cred are reset to zero after each Voting Period.

  1. You understand that the use of digital payment tokens such as bitcoins that may be used to pay for Content or awarded to members who have the highest Street Cred are an independent system of value not maintained or controlled by Collabovestor.
  2. You agree that acquiring, storing, securing, and using digital payment tokens is your sole responsibility.
  3. Collabovestor has no control over the value of any digital payment token; any information about acquiring tokens presented by the Service is not an endorsement of their current or future value and you agree that Collabovestor is not responsible for any losses or gains you might experience by independently holding any digital payment token.
  4. You understand that by employing any third party company, service, software, app, or plugin used to acquire, hold, secure, aid in use and transmit digital payment tokens to Collabovestor or received from Collabovestor through any mechanism found on the Service is a relationship independent from Collabovestor and Collabovestor is not liable for any loss of digital payment tokens that might be suffered from the use of any third party products or services.
  5. If Collabovestor determines that you are to receive an award due to having a high Street Cred within a Voting Period, by using the Service you agree to receive payment in the digital payment tokens the Service offers.
  6. You understand that digital payment tokens are a “push” technology like cash and not a “pull” technology like credit cards. This means that after a payment has been sent by Collabovestor, it becomes irrevocable and Collabovestor cannot stop, reverse or cancel the payment.
  7. Collabovestor reserves the right to use any digital payment token for awarding payments and Collabovestor reserves the right to change the digital payment token at any time in its sole discretion.

Payment Policies

Recurring Billing

By using the Service and providing or designating a payment method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your payment method.

Price Changes

We reserve the right to adjust pricing for the Service in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided in this Terms Agreement, any price changes to your membership in the Service will take effect following email notice to you.

Billing Cycle

The membership fee for the Service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership (see, "Cancellation" below). We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your payment method has not successfully settled. In the event your payment membership began on a day not contained in a given month, we may bill your payment method on the next available day of the following month or such other day as we deem appropriate.

Payment Methods

You may edit your payment method information by visiting your "Profile" page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. For certain payment methods, the issuer or your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details.

Cancellation

You may cancel your membership to the Service at any time and for any reason by submitting a cancellation request via our Contact page.

Refunds

Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Privacy

In order to access or use the Service you agree to be bound by the Collabovestor Privacy Policy. Please go to the Privacy Policy page for details.

Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service, your use of any products or services provided by third parties that are made available by the Service, any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of this Terms Agreement or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service.

Limitations of Liability

IN NO EVENT, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION, WILL THE COMPANY, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, GOODWILL, DATA, USE OR OTHER INTANGIBLE LOSSES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, OR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

YOU SPECIFICALLY ACKNOWLEDGE THAT COLLABOVESTOR SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Securities Disclaimer

The Service is not intended to provide tax, legal or investment advice, and nothing on the Service should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. Trading in such securities can result in immediate and substantial losses of the capital invested. You should only invest risk capital, and not capital required for other purposes. 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. You should also consult an attorney or tax professional regarding your specific legal or tax situation.

The Content is to be used for informational and entertainment purposes only and the Service does not provide investment advice for any individual. Collabovestor, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, option, commodity, or any other matter.

You understand that an investment in any company, property, product, service, security, instrument, option, commodity, or any other matter is subject to a number of risks, and that discussions of any company, property, product, service, security, instrument, option, commodity, or any other matter published on the Service may not contain a list or description of relevant risk factors.

Other Disclaimers

The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Service or any Content posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.

The Service may provide information from or links to certain brokerage companies for your convenience only. Collabovestor is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select (and not Collabovestor) is solely responsible for its services to you. COLLABOVESTOR, ITS AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY BROKERAGE COMPANY.

THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY, ITS PARTNERS AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE OR ANY OF THE SERVERS USED TO OPERATE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Governing Law

This Terms Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, without regard to its choice of law provisions.

Miscellaneous

By using or accessing the Service, you agree to the following provisions:

  1. This Terms Agreement, together with the Collabovestor Privacy Policy constitute the entire agreement between you and Collabovestor in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
  2. If any portion of this Terms Agreement is found to be unlawful and/or unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Terms Agreement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Terms Agreement must be made in writing and signed by a legally authorized representative of Collabovestor.
  5. You will not transfer or sub-contract any of your rights or obligations under this Terms Agreement to anyone else without our consent.
  6. All of our rights and obligations under this Terms Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Terms Agreement shall prevent us from complying with the law.
  8. This Terms Agreement does not confer any third party beneficiary rights.
  9. We reserve all rights not expressly granted to you.
  10. You will comply with all applicable laws when using or accessing the Service.