Terms of Use
These Terms of Use apply to the Stock Bouncer website located at www.stockbouncer.com. Stock Bouncer is the property of Unmelted, LLC. By using Stock Bouncer, you agree to these terms of use; if you do not agree do not use the website. These terms of use were last updated on February 21, 2020.
Unmelted reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. While we will take reasonable precautions to inform you of updates, it is your responsibility to check these Terms of Use periodically for changes. Your continued use of Stock Bouncer following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Unmelted grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Stock Bouncer.
By agreeing to our Terms of Use you agree to abide by all copyright notices, information, and restrictions for any of the content as specified in these terms of use. You also agree to be bound by our Acceptable Use Policy, Refund Policy, Privacy Policy, and Cookie Policy.
Definitions
- Stock Bouncer, stockbouncer.com, website, the site — All of these refer to the actual Stock Bouncer website located at www.stockbouncer.com which provides information and tools that can be used with the Stock Market.
- Unmelted — When we refer to Unmelted, we are referring to the actually company or legal entity Unmelted, LLC which owns and operates Stock Bouncer. Stock Bouncer® is a trademark owned by Unmelted, LLC.
- Our, We, and/or Us — When any of these pronouns are used they are referring to Unmelted, the company that owns and operates Stock Bouncer.
- You, Your, User, Member, Visitor, or Customer — These words refer to the individual or entity who has executed this agreement by visiting or creating an account at Stock Bouncer which allows them to either access or participate in the Stock Bouncer Community.
- Personal Data — Personal Data means data about a living individual who can be identified, directly or indirectly from that data. In particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that living individual. In other words, this is data that is unique to you, and can be used directly or indirectly to identify you.
Copyrights & Trademarks
All trademarks, service marks, and trade names are proprietary to Stock Bouncer and/or third parties, unless otherwise specified. All content which includes but is not limited to logos, text, images, photographs, graphics, icons, illustrations, audio, sounds, music, video, animations, artwork, source code, user interfaces, visual interfaces, and products, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on Stock Bouncer is owned, controlled, copyrighted and property of Stock Bouncer, and is protected by United States and international copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Three exceptions exist:
- Licensed / Permitted Content — Some of the content that Stock Bouncer utilizes is content that has been licensed and/or permitted for use. Some of the licenses require that credit for work is provided and is shown on our Attribution Page.
- Member Content — This is content that is contributed by members of the Stock Bouncer Community and is not property of Stock Bouncer as described in the Member Content section below.
Except as expressly provided in these Terms of Use, no part of Stock Bouncer or its content may be copied, modified, reproduced, republished, uploaded, posted, publicly displayed, sold or offered for sale, used for derivative works based on, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site, or other medium for publication or distribution or for any commercial enterprise, without Stock Bouncer's express prior written consent.
Minimum Age Requirement
No one under the age of sixteen (16) is permitted to create an account at Stock Bouncer. If you are under sixteen years old, you may not, and under any circumstances or for any reason, access or use Stock Bouncer in any manner, and may not provide Personal Data to any of the systems located at Stock Bouncer. If someone under the age of sixteen does register, it is understood that they are doing so against Stock Bouncer's policies and without Stock Bouncer's knowledge.
Use At Your Own Risk
You understand and agree that all content is provided for education and entertainment purposes and does not constitute legal, financial, tax planning, or other advice from Stock Bouncer. This includes but is not limited to information, views, opinions, and recommendations that is designed to help you gather information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. All financial services, calculators, tools, and products offered are presented without warranty. Stock Bouncer 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 Stock Bouncer.
Account Information Requirements
When creating an account on Stock Bouncer, you agree that the information you provide us is true, accurate, and complete and that you will keep your acccount information up-to-date, including your e-mail address. If you make any purchases on the Stock Bouncer Market, you represent and warrant that any billing information you provide is authorized for you to use. Your account is not transferable which means you cannot sell your account, and/or any licenses you have purchased from the Stock Bouncer Market (if applicable). You are responsible for any use of your Stock Bouncer account including any activity that occurs in conjuction with your username and password. Please take safeguards to keep your password secure and not sharing your credentials with others. If you are alerted that there is unauthorized use of your account or password, or any breach of your security, you need to let us know immediately. You must not use a VPN (virtual private network), proxy servers, or any other means to avoid compliance with these terms of use, or for any fraudulent or illegal reasons.
Member Content
By posting on Stock Bouncer you represent and warrant that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use your content and grant us the rights to use your content as provided under these terms of use. You assert that your content does not violate intellectual property or personal rights of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection to your content. You are responsible for ensuring that your content does not violate Stock Bouncer's Acceptable Use Policy, other published Stock Bouncer policies, or any applicable law or regulation. You agree to pay all royalities, fees, and any other monies owed to any person by reason of your content.
You agree that any and all content including, but not limited to threads, posts, comments, resources, or other information that you post, upload, or provide to the Stock Bouncer community is perpetually and irrevocably licensed to Stock Bouncer on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC-BY-SA 4.0), and you grant Stock Bouncer the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially use such member content, even if the member content has been contributed and then subsequently removed by you as reasonably necessary to, for example (without limitation):
- Provide, maintain, and update the Stock Bouncer Community
- Prevent and address security related issues or new data security features
- Handle support inquiries, and to provide technical assistance as it may be required
- Aggregate data to provide optimization to the services Stock Bouncer provides
- Process lawful requests from law enforcement agencies and government agencies
This means that you cannot revoke permission for Stock Bouncer to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. You can view the full legal details of the CC-BY-CA Creative Commons License , but should be aware that all content you contribute is available for the public to copy and redistribute.
All Member Content used outside of Stock Bouncer must have appropriate attribution. That is, if you choose to use or republish any member content found on Stock Bouncer, in whole or in part, you are required to:
- Visually indicate that the content your are using or republishing was found on Stock Bouncer
- Link directly the source page on Stock Bouncer where you obtained the content
- Display the author's name or names of the member content for which you are utilizing
- Link directly to each author's profile page (you can link the names if you wish)
Members may edit their content which includes threads, posts, comments, or resources for a limited period immediately after for the purpose of correcting spelling and grammar mistakes, or accidental ommmissions. After this initial period expires, posts may only be edited or deleted by trusted members, moderators, administrators, or staff. Since Stock Bouncer is a community of many members, posts and comments contribute to form coherent discussions. Altering or deleting individual posts may have consequences that unfairly extend to other members of the community. All members are held responsible for their actions. Always think before you permanently post something on the public Internet.
Enforcement of Rules
As a registered member you are expected to uphold all rules regarding posting, commenting, or other resources as described in our Acceptable Use Policy. Rules are enforced by trusted members, moderators, administrators, and staff who reserve the right to edit, amend, move, or perform other editoral actions upon any and all content when it violates a rule, in order to make said content comply with all rules. If it is not possible to alter content to be rule-compliant, content may be deleted with or without notification. Serious or repeated infractions may result in the removal of reputation, privileges, or a temporary or permanent ban from Stock Bouncer.
If you have earned reputation and have been granted privileges to perform actions on Stock Bouncer, you are expected to use these privileges in a way that helps to improve the Stock Bouncer Community. It is your responsibility to ensure that you follow our Acceptable Use Policy and to not abuse such privileges.
Disclaimer of Warranties
We hold no responsiblity for anything that is posted by other members of the community. Discussions, questions / answers, posts, comments, market items, products or services, and other resources do not necessarily represent our opinions. While we do our best to monitor the content that is shown here, always take precautions and use judgement when deciding whether to follow advice, suggestions, or purchasing products or services elsewhere. We holds no responsibility toward any action that you may take as a result of information you obtained anywhere from Stock Bouncer.
Unmelted does not promise that Stock Bouncer or any content, service, or feature of Stock Bouncer will be error-free or uninterrupted, or that any defects will be corrected, or that your use of Stock Bouncer will provide specific results. Stock Bouncer and its content are delivered on an "as-is" and "as-available" basis. All information provided on Stock Bouncer is subject to change without notice. Unmelted cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Unmelted disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Unmelted disclaims any and all liability for the acts, omissions and conduct of any third party in connection with or related to your use of Stock Bouncer and/or any Unmelted's services. You assume total responsbility for your use of Stock Bouncer and any linked sites. Your sole remedy against Unmelted for dissatisfaction with Stock Bouncer or any content is to stop using Stock Bouncer or any such content. This limitation of relief is part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Unmelted reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Stock Bouncer, or any portion of Stock Bouncer, for any reason; (2) to modify or change Stock Bouncer, or any portion of Stock Bouncer, and any applicable policies or terms; and (3) to interrupt the operation of Stock Bouncer, or any portion of Stock Bouncer, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Indemnification
You agree to indemnify and hold harmless Unmelted, Stock Bouncer, Stock Bouncer's affiliates, Stock Bouncer's sellers, and its respective officers, directors, shareholders, predecessors, successors, attorneys, agents, employees, partners, vendors, and service providers from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to member's access to Stock Bouncer, use of Stock Bouncer's products or services, or content posted to the Stock Bouncer community, illegal activity and/or actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation Of Liability
To the maxiumum extent permitted by law, Unmelted, Stock Bouncer, Stock Bouncer's affiliates, Stock Bouncer's sellers, and its respective officers, directors, shareholders, predecessors, successors, attorneys, agents, employees, partners, vendors, and service providers shall not be liable to member for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Stock Bouncer has been advised of the possibility of such damages, or for any harm caused by or related to member's services or inability to utilize the services unless caused by gross negligence or willful misconduct.
If, notwithstanding the other provisions of these Terms of Use, Unmelted is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Stock Bouncer, or any content found on Stock Bouncer, Unmelted's liability shall in no event exceed the greater of (1) the total of any amount paid by the member for market items, products, or services in the six months prior to the date of the initial claim made against Unmelted, or (2) US$100.00. Some jurisidictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Violation of these Terms of Use
Unmelted may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of Stock Bouncer, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Unmelted's rights or property, or the rights or property of visitors to or users of Stock Bouncer, including Unmelted's members or customers. Unmelted reserves the right at all times to disclose any information that Unmelted deems necessary to comply with any applicable law, regulation, legal process or governmental request. Unmelted also may disclose your information when Unmelted determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Unmelted may preserve any transmittal or communication by you with Unmelted through Stock Bouncer or any service offered on or through Stock Bouncer, and may also disclose such data if required to do so by law or Unmelted's determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Unmelted, its employees, users of or visitors to Stock Bouncer, and the public.
You agree that Unmelted may, in its sole discretion and without prior notice, terminate your access to the Stock Bouncer and/or block your future access to Stock Bouncer if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of Stock Bouncer. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Unmelted, for which monetary damages would be inadequate, and you consent to Unmelted obtaining any injunctive or equitable relief that Unmelted deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Unmelted may have at law or in equity.
If Unmelted does take any legal action against you as a result of your violation of these Terms of Use, Unmelted will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Unmelted. You agree that Unmelted will not be liable to you or to any third party for termination of your access to Stock Bouncer as a result of any violation of these Terms of Use.
Void Where Prohibited
Unmelted administers and operates the stockbouncer.com website from its location in Bonney Lake, Washington, United States; other Unmelted websites may be administered and operated from various locations outside the United States. Although Stock Bouncer is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Stock Bouncer are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Unmelted reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Stock Bouncer is void where prohibited. If you choose to access Stock Bouncer from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Governing Law & Dispute Resolution
You agree that all matters related to your access to or use of Stock Bouncer, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Pierce County, Washington, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Unmelted and you arising out of or in connection with your use of Stock Bouncer, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
By accepting these Terms of Use, you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You further represent and warrant that you have full authority and power to execute this Agreement on behalf of the Company you represent, if any. Additionally, you warrant that you are at least sixteen ("16") years of age or older and are not otherwise legally incapacitated to execute this agreement.
Entire Agreement
These Terms of Use including, without limitation, the Acceptable Use Policy, Licensing Terms, Refund Policy, Privacy Policy, Cookie Policy, and if applicable the Seller Terms, and Affiliate Terms contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Stock Bouncer.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Unmelted's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Unmelted of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Unmelted and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.