Terms of Service and User Agreement

Updated February 1, 2020

YOUR ACCESS TO AND USE OF THE COMPANY SITES AND MATERIALS ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE COMPANY SITES AND MATERIALS YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS OR USE THE COMPANY SITES AND MATERIALS, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS PROVIDED BY THE COMPANY.

1. GENERAL

You are solely responsible for your use of the Company Sites and Materials. You agree that you will not use the Company Sites and Materials unless you can form a binding contract with the Company. Please read these Terms of Service (“Terms”) carefully before accessing or using any websites or materials provided by DOMINIK STONE (the “Company” or “We” or “Us”), or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”). Without limitation, such Websites include www.dominikstone.com, and products, services, subscriptions, content and features available on or provided through those websites (such sites and materials collectively, “Company Sites and Materials”).

The Company may revise these Terms by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of Company Sites and Materials after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.

The Company Sites and Materials are not intended for or directed towards children less than 18 years of age. By accessing or using the Company Sites and Materials, you affirm that you are over the age of 18.

2. GENERAL DISCLAIMER

The Company is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company does not recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. You understand and acknowledge that there is a very high degree of risk involved in trading securities and, in particular, in trading futures and options, and in trading forex market. You acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company encourages you to seek the advice of qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment results and you agree to hold the Company harmless for any such results or losses.

Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Company Sites and Materials, or any Company product or service, (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.

3. INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES

The Company Sites and Materials and related content, including without limitation the User Submissions (as defined below), third-party applications, and any other content on the Company Sites and Materials and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use. The Company or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and can subject you to legal liability.

The Company Sites and Materials may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.

4. USER SUBMISSIONS AND OTHER CONTENT

The Company Sites and Materials may permit the submission of content by users, including, for example, comments, articles, links, and conversations in our chat rooms (“User Submissions”). By posting any such User Submissions, you grant the Company an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Submission in any and all media or distribution methods (now known or later developed). The Company has the right, in its sole discretion and without further notice to you, to monitor, censor, edit, move, and/or remove any and all content posted on the Company Sites and Materials, including any User Submission, at any time and for any reason.

We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of any content or User Submission and do not necessarily endorse any opinions expressed therein. You understand that by using the Company Site and Materials, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. We may not monitor or control the content or User Submissions accessible on the Company Sites and Materials.

In connection with your use of the Company Sites and Materials and your own User Submissions, you agree to follow our Code of Conduct as the same may be published or linked to on the Company Sites and Materials. We may periodically update the Code of Conduct.

 

5. TRANSPARENCY AND RESULTS CLAIMS

To promote transparency, we may require users to verify their securities trades through various methods that we designate. If you fail to provide such verification, we may do any or all of the following: (1) disable any account that you have established through the Company Sites and Materials; (2) remove any content you post, including content regarding your trades. Despite the Company’s commitment to transparency, however, the Company does not guarantee the accuracy of and shall not be liable in any way in connection with any trade information submitted by users.

In addition, the Company Sites and Materials may at times refer to a commitment by Dominik Stone or other authorized representatives of the Company to share their investment results, including but not limited to trading results or investment strategies. Such references should not be construed or interpreted to require the disclosure of investments and strategies that are personal in nature, that are part of estate or tax planning, or that are immaterial to the scope and nature of the Company’s educational philosophy.

6. SUBSCRIPTIONS AND PAYMENT

In connection with any purchase of services or materials from the Company, the Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features.

If you purchase a subscription to any Company service or material, by authorizing the Company to charge a payment card for the fees associated with your subscription(s), you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. The Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes.

Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.

If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be in the Company’s sole discretion. Your obligations hereunder, including your obligation to pay amounts owed to us under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.

You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.

7. SECURITY

No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE COMPANY SITES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE COMPANY SITES AND MATERIALS.

9. LIMITATION OF LIABILITY

NEITHER THE COMPANY NOR THE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE COMPANY SITES AND MATERIALS, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

10. INDEMNIFICATION

As a condition of your use of the any of the Company Sites and Materials, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company Sites and Materials; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.

11. TERMS AND TERMINATION

Except as otherwise specified herein, these Terms commence on your first use of any of the Company Sites and Materials and continue until you cease to use the Company Sites and Materials or your subscription, if any, expires or has been terminated, whichever is later.

The Company may terminate your access to and use of the Company Sites and Materials at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company Sites and Materials after termination or notification of the same.

12. MISCELLANEOUS

The laws of the United Kingdom, without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

You and We agree that our sole relationship is a contractual one governed by these Terms and the Code of Conduct. Any controversy or claim arising out of or related to the provision of services or materials by Us shall be resolved solely based on these Terms.

ALL DISPUTES WITH DOMINIK STONE ARISING IN ANY WAY FROM OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.

ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR, WHOSE AWARD MAY NOT EXCEED, IN FORM OR AMOUNT, THE RELIEF ALLOWED BY THE APPLICABLE LAW.  

Advice of Counsel. EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT.  THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.

These Terms and the Code of Conduct referenced herein constitute the entire agreement between you and the Company relating to your use of the Company Sites and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy (Statement)

Last Revised: February 01, 2020

Nothing in this Privacy Statement may be construed to create any obligation for the Company beyond what is required by applicable law.

  1. This Privacy Statement (“Privacy Statement” or “Statement”) describes the practices of Dominik Stone ("Unleash Your Greatness", “DS” “Company,” “we” or “us”) with respect to information, including Personally Identifiable Information (“PII” or Personal Data) (which means any information relating to an identified or identifiable natural person), and non-personally identifiable information (“non-PII”) , we obtain from and about individuals interacting with us and our websites, mobile applications, products and services (collectively, our “Services”). This Statement does not apply to job applicants or Company employees.

    1. This Privacy Statement only applies to the data processing activities of Dominik Stone. This Privacy Statement does not apply to services, websites or mobile apps offered by third parties, even if this site links to those services or third parties. We encourage you to read the privacy statements of every third party website that collects your PII.

    2. Please read the information below to learn about the information, including PII, collected about you and how it is used.

  2. Changes to this Statement. We may change this Statement at any time by posting revisions to the Statement on our Services including, without limitation, this site.  Therefore, you should review the Statement from time to time. If you do not accept all of the terms, conditions and notices set forth in the Privacy Statement, you must discontinue using the Services, which includes exiting this site, immediately.  The most current version of the Statement may be reviewed by clicking on the “Privacy Statement” link located at the bottom of our site. 

  3. Collection of Information from Children. We do not intentionally collect information from or regarding minors.  The Services are not directed to, or intended for use by, children under the age of 18. Children may not use or submit any information through the Services or its sites. If you are under the age of 18, you may not use our Services or Services. If a child under 18 submits information through any part of the Services, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. 

  4. Information We Collect. We may collect two general types of information when you use our Services or interact with us:

    1. Personally Identifiable Information (“PII”), which may include your first and last name, home or other physical address, telephone number, email address, user id, other identifiers that permit physical or online contact with you, or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories. You also may view or engage with our Services through third-party social networking sites or social media plug-ins and applications. When you engage with our Services and its content through such third-party sites, plug-ins or applications, we may have access to certain information from your social media profile, such as your name, photo, gender, birthday, location, videos, your list of friends, etc. This information is included in the definition of PII.

    2. Non-personally identifiable information (“non-PII”) such as, the type of browser you are using, the type of operating system you are using, the web pages you have visited sites visited before and after you use our Services, the type of handheld or mobile device used to access the Services or other device-specific information. 

  5. Certain features available within the Services will require you to submit PII about yourself as a condition of participation. Some of the features may be offered by us, while others may be offered by third parties. (For example, you may be required to submit PII in order to request information and offers from us and our partners.) When you choose to submit PII to a third party in connection with your use of the Services, the third party’s privacy policy, rather than this Statement, will control the use of your PII. YOU CAN ALWAYS REFUSE TO PROVIDE PII TO US, BUT THIS MAY RESULT IN DECREASED FUNCTIONALITY OF THE SERVICES FOR YOU AND LIMIT YOUR ABILITY TO RECEIVE INFORMATION ABOUT SERVICES THAT MAY BE OF PARTICULAR INTEREST TO YOU. 

  6. How Information is Collected. We collect information both actively and passively. For example, we will collect information about you that you voluntarily provide while using our Services. In addition to information provided directly by you, we (and third parties that offer features through the Services) may collect non-PII through the use of “cookies,” “web beacons,” “Flash cookies” or by other electronic means. 

  7. Cookies. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer’s hard drive, where it can be used to identify your computer. Cookies can be used to measure website usage, improve navigation around websites, and personalize a returning visitor’s experience on the websites. In most cases, you can set your browser to turn off cookies or to notify you before you receive one so that you can decide whether to accept it or not. Because cookies allow you to take advantage of some of the features of the Services, we recommend that you leave them turned on. If you block or reject our cookies, some of the features of the Services may not work for you. You can refer to the instructions for your browser to learn more about these functions. 

  8. Web Beacons. We, our third-party service providers, advertisers and partners also may use “web beacons” or similar technologies. Web beacons are small strings of code placed on a web page to collect data about how visitors use the Services. For example, web beacons may be used to count the number of users who visit the Services or to deliver a cookie to the browser of a visitor to the Services. If you set your browser to turn off cookies, web beacons and similar technologies will detect your visits to the Services, but they will not associate your activity on the Services with information that otherwise would be stored in cookies. We do not control tracking technologies used by third parties with the Service. 

  9. Flash Cookies. The Services uses locally stored objects, also called “Flash cookies,” when it uses Adobe Flash Player (“Flash”) to provide special content such as video streaming, video on demand, video clips or animation. Flash, and similar applications, use Flash cookies to remember visitors’ Services settings, preferences and usages. Flash cookies are managed directly through Adobe’s websites, rather than through your web browser. 

  10. Third-Party Advertising and Third-Party Websites. These websites allows advertising by third parties that provide links to third-party websites. Internet advertising companies and the third-party websites on whose behalf they advertise (collectively “Third Parties”) may use the technology described above to send (or “serve”) directly to your browser the advertisements that appear on our Services. When this happens, Third Parties automatically receive non-PII, such as information from your computer and browser, including your cookie information. They also may use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements; collect information about the effectiveness of their advertisements; collect anonymous information about your visits to the Services, such as the number of times you have viewed an ad; or customize the advertising content you see. Third Parties will not collect your name, address, or other PII, unless you affirmatively provide it to them. We let Third Parties set and access their cookies on your computer. Third Parties’ use of their own cookies is subject to their own privacy policies. For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit https://www.networkadvertising.org or https://networkadvertising.org/optout_nonppii.asp. You may review the instructions and/or the privacy settings for your operating system to find out how to opt out of tailored in-application advertisements. 

  11. Third Party Links. Please note that our Services, including this site contain links to other websites that do not follow this Privacy Statement. For instance, clicking on an advertisement, links or other elements on the Services may take you to an entirely different websites. Links to other websites may use our Services logo or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect data and make use of that data in ways that these Services would not. After you leave our Services, this Privacy Statement will no longer apply to PII or any other data collected from or provided by you. You should check the other websites’ applicable privacy policy to determine how it will handle such data. 

  12. How Information is Used and Shared. We use your PII for the purpose of conducting our business and pursuing our legitimate interests. For example, we use your PII to: Facilitate communication from third parties to you at your request;

    1. Create and manage your account;

    2. Provide the products and services you request;

    3. Enrol you in contests, programs or other offers you request;

    4. Tell you about other products and services that may be of interest to you (you can opt out of receiving such communications by following the instructions provided in the communication);

    5. Process payment for purchases you have made;

    6. Protect against or identify possible fraudulent transactions;

    7. Analyse the use of our Services;

    8. Develop new products and services;

    9. Understand how you arrived at our Services;

    10. Manage the Services, including this site;

    11. Enforce our Terms of Use; and

    12. Enforce the terms of this Statement. 

  13. Advertisements, Marketing Material and Other Offers.  Unless you tell us that you do not want to receive these offers and subject to applicable law, the Company or those companies that we have a commercial relationship with, may occasionally send advertisements, marketing material or other offers that we think might be of interest to you. If you do not want to receive these advertisements, marketing material or other offers, please contact us using the contact information found at the end of this Privacy Statement. Where required by law, we will seek your consent prior to sending you any marketing materials. To the extent allowed by law, the provision of your email and phone number to us constitutes your prior express written consent, and electronic signature, authorizing us to contact you at that email address and phone number, including through the possible use of an automatic telephone dialling system or artificial or pre-recorded voice, live calls and text messages, for both promotional and informational reasons. You agree that we may assign this consent to third parties and affiliates. You are not required to provide such consent in order to make a purchase as you can always contact us directly to arrange an alternate purchase method.  By providing your telephone number to us, you certify that this is your own number that you own, and not a line owned or used by another, and that you will immediately notify us if your number changes or is reassigned. You agree to indemnify us if this is not the case and if the future owner or user of the number makes a claim against us for contact at that number. You may opt out of such contact at any time and through any of the reasonable methods outlined herein.

  14. In the event that Company is considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, PII and non-PII, may be one of the transferred assets, and may therefore be used by a third-party acquirer in accordance with this Privacy Statement. Such use by a third party may include review of PII, using such PII to contact you either before or after such a transfer or sale, use or transfer of non-PII before or after such a transfer or sale, or for other purposes. 

  15. WE MAY DISCLOSE PII ABOUT YOU TO A THIRD PARTY FOR COMPENSATION. 

  16. In addition, we may share your information as described below:

    1. Information You Elect to Share: You may choose to share information with Third Parties by clicking on links to those Third Parties from within the Services. In addition, you may elect to share information, including PII, through the Services, for instance, posting comments on comment boards. Some of your activity on the Services, including content you have posted, is public by default. Some of this content may include PII.

    2. Third-Party Advertisers and Websites: We may share your non-PII with, or make your non-PII available to, Third Parties as described in the section above titled Third-Party Advertising and Third-Party Websites.

    3. Information Disclosed to Vendors, Partners, Service Providers, and Others for Business Purposes: We contract with vendors to provide services related to the Services and may share PII with such vendors in order to provide products or services to you or to help maintain the Services. We also may share non-PII with our partners, service providers and other persons with whom we conduct business. We will only share your PII in accordance with applicable law.

    4. Information Disclosed for the Protection of the Services and for Others. We may disclose PII when (1) required by law or to respond to legal process or lawful requests, including from law enforcement; (2) when we believe it is necessary to prevent, investigate, or address (a) possible illegal activities, including fraud, (b) violation of our Terms of Use, (c) violation of this Privacy Statement, or (d) threats to the physical safety of any person; or (4) to protect our rights or property. 

  17. Forums. The Services may include forums (such as message boards, chat rooms, comment boards, and reviews) that enable users to post a comment or communicate with each other. We are under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum within the Services. We retain the right to delete at any time and for any reason any material posted within the Services. 

  18. Information Security. We take information security seriously, and we use reasonable administrative, technical and physical safeguards to protect the PII we collect from unauthorized access, use or disclosure. But we have no control over the security of other websites on the Internet that you might visit. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII. 

  19. Additionally, and as you are likely aware, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your PII, searches or other communications always would remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address (es) we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission’s Websites at https://www.consumer.ftc.gov/ for information about how to protect against identity theft. 

  20. Your Rights. Under the law of some countries, you may have certain rights with respect to your PII. These rights include the right to: (i) request access to and rectification or erasure of your PII; (ii) obtain restriction of processing or object to processing of your PII; and (iii) ask for a copy of your PII to be provided to you or a third party in a machine readable format. If you wish to exercise one of the above-mentioned rights, please send us your request to the contact details set out below. If you have unresolved concerns, you may also have the right to lodge a complaint about the processing of your PII with your local data protection authority in the European Union or elsewhere. 

  21. UK Privacy Rights. Under UK law, residents may request once a year, free of charge, certain information regarding our disclosure of PII to third parties for direct marketing purposes. Specifically, we will provide a list of the categories of PII disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. To make such a request, please contact us using the contact information at the bottom of this Privacy Statement. We reserve our right not to respond to requests submitted other than to the contact points listed below. You should put “UK Privacy Rights” in the subject line and in your request. We may need to verify your identity before providing information to you. 

  22. We Do Not Track Disclosure. Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. Our Services currently do not have the functionality to recognize or honor “do not track” browser signaling.  We do not respond to “do not track” signals. If we do so in the future, we will modify this Privacy Statement accordingly. 

  23. Users From Outside the United Kingdom. The Services are hosted in the United Kingdom and is governed by UK law. If you are using the Services from outside the United Kingdom, please be aware that Dominik Stone is located in the United Kingdom and your PII will be stored and processed in the United Kingdom where we locate and operate our servers and databases. The data protection laws in the United Kingdom may not be as strict or comprehensive as those in your country. However, we value your privacy and always strive to treat it in accordance with applicable law. By voluntarily sharing your PII with us, you understand that your PII will be stored and processed in the United Kingdom. 

  24. Your EU Privacy Rights. If you are using our Services from the EU or where applicable EU data protection laws so provide, you may exercise the following rights regarding your PII:

    1. Access. You have the right to obtain from us confirmation if your PII is being processed and certain information in this regard.

    2. Rectification. You have the right the request the rectification of inaccurate PII and to have incomplete data completed.

    3. Objection. You have the right, when we process PII on the grounds of legitimate interests, to object to the processing of your PII for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your PII is processed for direct marketing purposes.

    4. Portability. You may receive your PII that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.

    5. Restriction. You may request to restrict processing of your PII if (i) you contest the accuracy of it – for a period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for a period we need to verify your request.

    6. Erasure. You may request to erase your PII if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.

    7. Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.

    8. Right to refuse or withdraw consent. Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your PII that occurred prior to the withdrawal of your consent will not be affected.

    9. If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at dom@dominikstone.com. 

  25. Retention. We retain your PII for as long as you remain a customer and thereafter only for the period necessary to fulfil the purposes outlined in this Privacy Statement, unless a longer retention period is required or allowed by law, including to fulfil a legal obligation. 

  26. Your Choices.  If you do not wish to receive information regarding our products, services, special offers and upcoming events, please click on the “Unsubscribe” link shown on our emails and electronic newsletters to you or contact us at the address or telephone number listed below and we will remove your name from our mailing lists. 

Subject to the provisions of section 27 herein, you may access your PII and correct, amend, or delete any of the PII you have provided to us on the Services by emailing us at dom@dominikstone.com . Please include your name, address, and/or email address when you contact us. 

It is possible that you may be denied access to your PII, or may not be able to delete all your PII. For instance, access can be denied when: giving one-person access would compromise another’s privacy rights; disclosure is likely to interfere with the safeguarding of national security, defence, or public security; and disclosure could interfere with law enforcement or legal actions. These are only examples, and access may be denied in other situations in compliance with applicable laws. For additional information about EU rights, please see Section 25 above.

  1. Contact Information. Unless otherwise stated, Dominik Stone is a data controller under applicable law for PII processed subject to this Statement. If you have any questions about this Statement or the Service, including any request to review or change your PII, or if you believe that your PII has been processed or disclosed in violation of this Statement, please contact us: www.dominikstone.com

You may also contact us by email using the following address: dom@dominikstone.com

We will investigate and attempt to resolve any complaints and disputes regarding the processing of your PII.

Earnings Claims Disclosure

NONE OF DOMINIK STONE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS (EXPRESSLY INCLUDING BUT NOT LIMITED TO DOMINIK STONE) ALL COLLECTIVELY HEREINAFTER REFERRED TO AS “DOMINIK STONE,” THE “COMPANY,” “UNLEASH YOUR GREATNESS,” “OUR,” “US,” AND “WE” ARE FINANCIAL ADVISERS AND NOTHING CONTAINED HEREIN IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE. WE ARE NOT AN INVESTMENT ADVISORY SERVICE, ARE NOT AN INVESTMENT ADVISER, AND DO NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED IN THE WEBSITE IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND.

The information on the website should NOT be relied upon for purposes of transacting securities or other investments. You hereby understand and agree that we do NOT offer or provide tax, legal or investment advice and that you are responsible for consulting tax, legal, or financial professionals before acting on any information provided herein. The content provided herein is not intended as a promotion of any particular products or investments and neither the company nor any of its officers, directors, employees or representatives, in any way recommends or endorses any company, product, investment or opportunity, which may be discussed herein. The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as specific advice tailored to any individual. You are encouraged to discuss any opportunities with your attorney, accountant, and financial professional or other advisors. Your use of the information contained herein is at your own risk. The content is provided ‘as is’ and without warranties of any kind, either expressed or implied.

The Company disclaims all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Company does not promise or guarantee any income or particular result from your use of the information contained herein. 
The Company assumes no liability or responsibility for errors or omissions in the information contained herein. The Company may derive fees or other compensation as a result of purchases from service providers or vendors referenced in this material. The Company will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, but not limited to, loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if We have been advised of the possibility of such damages. In no event will the collective liability of the group to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of £100 or the amount you have paid to the Company for the information, product or service out of which liability arose.

Under no circumstances will the Company be liable for any loss or damage caused by your reliance on the information contained herein. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained herein. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Dominik Stone, a spokesperson of the Company, communicates content and editorials on this site. Statements regarding his, or other contributors’ “commitment” to share their personal investment strategies should not be construed or interpreted to require the disclosure of investments and strategies that are personal in nature, part of their estate or tax planning or immaterial to the scope and nature of the Company’s educational philosophy.

Every effort has been made to accurately represent this product and it’s potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. We do not purport this as a “get rich scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas, and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact; no guarantees are made that you will achieve any results from our ideas and techniques in our material.

 

MEMBER AGREEMENT

Updated 01/02/2020

This Member Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Service (as defined below) and is an agreement between Dominik Stone (“Unleash Your Greatness,” “we,” “us,” or “our”) and you or the entity you represent (“you“). This Agreement takes effect when you sign a Challenge Student Order or, if earlier, when you use the Service (the “Effective Date“). You represent to us that you are lawfully able to enter into contracts (e.g., you are age of 18 or older). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 13 for definitions of certain capitalized terms used in this Agreement.
 

Table of Contents

1.   Use of the Service.

1.1  Generally. You may access and use the Service in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Service, including the Policies as defined in Section 13.

1.2  Your Account.  To access the Service, you must create an account associated with a valid e-mail address. You can create an account to access the Service on the date of your purchase.  You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including a spouse) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 6.

1.3  Third Party Content. Third Party Content, such as newsletters, information provided by our affiliates or third parties, software applications or services provided by our affiliates or third parties, may be made available directly to you by other companies or individuals with or without separate terms and conditions or separate fees and charges. Because we may not have confirmed, screened or tested any Third Party Content, your use of any Third Party Content is at your sole risk.

1.4 Copyright, Licenses and Idea Submissions.  The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Company, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, SHARE, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, OR RECEIVED THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO VIDEOS, AUDIOS, TEXT, PRINTED MATERIAL, GRAPHICS, CODE AND/OR SOFTWARE.

 

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change, or delete any copyright or proprietary notices from the materials. You agree to grant to The Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail, and by all means and in any media now known or hereafter developed. You also grant to the Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Company.

TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of The Company. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Changes.

We may change, discontinue, or deprecate any of the Service (including the Service as a whole) or change or remove features or functionality of the Service from time to time. We will notify you of any material change to or discontinuation of the Service.

3. Data Privacy.

You consent to our collection, use and disclosure of information associated with the Service in accordance with our Privacy Policy.

4. Fees and Payment.

4.1  Payment.  Dominik Stone will charge the subscription fee and any other additional fees or charges you authorize to the credit card provided by you.

4.2  Credit Card Authorization.  By authorizing Dominik Stone to charge a credit card for the fees associated with your Service, you are authorizing Dominik Stone to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Dominik Stone of the new replacement card account) for all fees or charges associated with your subscription to the Service including any renewal fees as described below. Credit cards that are declined for any reason are subject to a thirty-dollar (£10.00) declination fee. Dominik Stone may elect to interrupt Service for fees that reach ten (10) days past due. Service interrupted for non-payment is subject to a twenty percent (20%) out of outstanding amount as a reconnection charge. Accounts not paid by due date are subject to a ten dollar (£10) late fee. Accounts that are not collectable by Dominik Stone may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay Dominik Stone a processing and collection fee the lesser of fifty pounds (£50.00) or as allowed by applicable law.

4.3  Automatic Renewal of Subscription.  When you subscribe to the Service your subscription will be set to automatically renew upon its expiration. This means that unless you cancel the Service by providing written notice at least thirty (30) days prior to its expiration, your Service will automatically renew for the same term. At the time of renewal, we will charge your credit card, or invoice you, the then-current fees to renew the Service.

4.4  Cancellations and Refunds.  All fees and charges paid by you in relation to the Service are non-refundable, except (i) you may cancel this Agreement at any time prior to midnight of the third business day as provided for in your Student Challenge Order or (ii) if we terminate this Agreement for convenience. Following cancellation, Dominik Stone reserves the right to (i) limit or restrict access to the Service and (ii) delete all Your Content.

4.5  Changes in Price.  Dominik Stone may, at any time, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during an existing subscription term for the Service will apply to subsequent subscription terms and to all new members after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.

4.6  Taxes. Charges for Services hereunder do not include any federal, state, local or foreign taxes, duties or levies of any nature (“Taxes”).  Any Taxes required to be paid by Dominik Stone as a result of the Service rendered hereunder (other than Taxes based on Dominik Stone income) shall be billed to and paid by you.

4.7  Fee Disputes. You agree that if there are problems or questions regarding the Service that you will contact Dominik Stone for assistance and not dispute any charges from Dominik Stone unless you terminate for breach as provided in this Agreement. You agree to inform Dominik Stone of any credit card information changes, including expiration date. You represent and warrant that you are legally authorized to enter into Agreement including use of the credit associated with the account. You agree to provide Dominik Stone with at least thirty (30) days prior written notice to request termination of any recurring credit card authorization and transition to another form of billing.

5. Temporary Suspension.

5.1  Generally. We may suspend your right to access or use any portion or all of the Service immediately upon notice to you if we determine:

(a) your use of or registration for the Service (i) poses a security risk to the Service or any third party, (ii) may adversely impact the Service or the systems or Content of any other Dominik Stone customer, (iii) may subject us, our affiliates, or any third party to direct or indirect liability (e.g. breach of confidentiality or non-disparagement), or (iv) may be fraudulent;

(b) you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days; or

(c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any investigation by any agency on your trading or other securities related activities, bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

5.2  Effect of Suspension. If we suspend your right to access or use any portion or all of the Service:

(a) you remain responsible for all fees and charges you agreed to as of the Effective Date;

(b) you will not be entitled to any credit for any period of suspension; and

(c) we will not erase any of Your Content as a result of your suspension, except as specified elsewhere in this Agreement.

Our right to suspend your use the Service is in addition to our right to terminate this Agreement pursuant to Section 6.2.

6.Term; Termination.

6.1  Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 6.2.

6.2   Termination.

(a) Termination for Convenience. You may terminate this Agreement for any reason by (i) providing us written notice and (ii) closing your account for which we provide you Service and for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you 30 days advance notice.

(b) Termination for Cause.

(i) By Either Party. Either party may terminate this Agreement for cause upon ten (10) days advance written notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 10 day notice period.

(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause, if any act or omission by you results in a suspension described in Section 6.1, (B) if our relationship with a third party partner who provides material elements we use to provide the Service expires, terminates or requires us to change the way we provide these elements as part of the Service, (C) if we believe providing the Service could create a substantial economic or technical burden or material security risk for us, (D) in order to comply with the law or requests of governmental entities, or (E) if we determine use of the Service by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.

6.3   Effect of Termination.

Generally, upon any termination of this Agreement:

(a) all your rights under this Agreement immediately terminate;

(b) you remain responsible for all fees and charges pursuant to Section 4;

(c) you will immediately return or, if instructed by us, destroy all Dominik Stone Content in your possession; and

(d) Sections 4.1, 4.2, 4.6, 6.3, 7 (except the license granted to you in Section 7.4), 8, 9, 10, 11, 12, and 13 will continue to apply in accordance with their terms.

7. Proprietary Rights.

7.1  Your Content. You or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 7, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Service to you. We may disclose Your Content to provide the Service to you or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).

 

7.2  Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Your Submissions; (b) you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content, Your Submissions of Your Content, Your Submissions or the Service will violate the Code of Conduct.

 

7.3  Service License. As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Service. We grant you a limited, revocable, non-exclusive, non-sub licensable, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement; and (ii) use the Dominik Stone Content solely in connection with your permitted use of the Services. Except as provided in this Section 7.3, you obtain no rights under this Agreement from our licensors or us to the Service, including any related intellectual property rights.

 

7.4  License Restrictions. You may not use the Service in any manner or for any purpose other than as expressly permitted by this Agreement. You may not, or may not attempt to: (a) modify, alter, tamper with, or otherwise create derivative works of any intellectual property included in the Service, (b) reverse engineer, disassemble, or decompile the Service, (c) access or use the Service in a way intended to avoid incurring fees,(d) resell or sublicense the Service, (e) copy the look-and-feel or functionality of the Dominik Stone Marks or Dominik Stone Site; (f) remove any Dominik Stone Marks without our prior written consent; (g) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Services for commercial purposes, or in a commercial manner; or (g) use our Service in any way that is not in compliance with all applicable laws, regulations and government authorizations, including but not limited to securities laws, export control, copyright, trademarks, secrecy, defamation, decency, and privacy related laws, regulations and authorizations. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service you have used.

 

7.5  Suggestions. If you provide any Suggestions to us or our affiliates, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.

8. Indemnification.

8.1  General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of, relating to, or concerning: (a) your use of the Service; (b) breach of this Agreement or violation of applicable law by you; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and a third party. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.

 

8.2  Process. We will promptly notify you of any claim subject to Section 8.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defence and settlement of the claim at any time.

9. Disclaimers.

9.1  General. THE SERVICE IS PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

9.2  Financial and Other. NEITHER DOMINIK STONE, INDIVIDUALLY, NOR ITS WEBSITES INCLUDING, BUT NOT LIMITED TO THE DOMINIK STONE SITE, NOR ANY OF ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, OR SUBCONTRACTORS ARE, IN SUCH CAPACITIES, LICENSED FINANCIAL ADVISORS, REGISTERED INVESTMENT ADVISORS, OR REGISTERED BROKER-DEALERS UNLESS OTHERWISE EXPRESSLY PROVIDED.

DOMINIK STONE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE. NO INFORMATION PROVIDED BY DOMINIK STONE, INCLUDING BUT NOT LIMITED TO DOMINIK STONE, IS INTENDED AS SECURITIES BROKERAGE, INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO SELL OR BUY, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY OR FUND OR AS ADVICE TAILORED TO YOUR OR ANY MEMBER’S PARTICULAR SITUATION. ANY URL LINKS OR COMPANY NAMES OR TICKER SYMBOLS ARE OFFERED AS A MATTER OF CONVENIENCE AND NOTHING CONTAINED IN THIS AGREEMENT OR IN THE SERVICE CONSTITUTES A SOLICITATION, RECOMMENDATION, PROMOTION, ENDORSEMENT, OR OFFER BY DOMINIK STONE OF ANY PARTICULAR SECURITY, TRANSACTION, OR INVESTMENT.

DOMINIK STONE, INCLUDING BUT NOT LIMITED TO DOMINIK STONE AND AFFILIATES, MAY HAVE POSITIONS IN THE SECURITIES MENTIONED AND MAY ENTER AND EXIT SUCH POSITIONS AT ANY TIME AND FOR ANY REASON.

THE RISK OF LOSS IN TRADING SECURITIES, OPTIONS, FUTURES, FOREX, AND COMMODITIES CAN BE SUBSTANTIAL AND ARE NOT SUITABLE FOR ALL INVESTORS. YOU MUST CONSIDER ALL RELEVANT RISK FACTORS, INCLUDING YOUR OWN PERSONAL FINANCIAL SITUATION, BEFORE TRADING. YOU ASSUME THE RISK OF ANY AND ALL-FINANCIAL INVESTMENTS YOU MAKE. DOMINIK STONE IS NOT RESPONSIBLE FOR ANY FINANCIAL INVESTMENTS YOU MAKE.  

RESULTS VARY AND PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS.

  1. Limitations of Liability.

 

WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF INVESTMENTS, PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; OR (D) ANY FORM OF NEGLIGENCE ON OUR PART. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

11. Confidentiality; Publicity; Non-Disparagement; Restrictions.

11.1 Confidentiality. You may use Dominik Stone Confidential Information only in connection with your use of the Service as permitted under this Agreement. You will not disclose Dominik Stone Confidential Information during the term or at any time during the five (5) year period following the end of the term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Dominik Stone Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. The foregoing restrictions shall not apply to the extent you must defend yourself in an action related to this Agreement, or to respond to an investigation by a governmental agency initiated by that agency or to report any truthful incidents of illegal conduct directed at you to law enforcement.

11.2 Non-Disparagement. (Non-UK Residents) The parties agree that during the term of this Agreement and for a period of twenty-four (24) months immediately following expiration or termination for any reason, whether with or without cause, each shall not, not to (i) make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other or, as to Dominik Stone, its respective employees, officers, directors, managers, members and affiliates or with respect to you (ii) publish or attempt to publish any narrative, fictional or otherwise, concerning or based, in whole or in part, on Dominik Stone, without Dominik Stone prior written consent or without leave of court. Each party acknowledges and agrees that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), Dominik Stone Site users, clients or potential clients.

11.3 Libel, Slander, Defamation, and Non-Protected Statements. The parties agree that during the term of this Agreement and for a period of twenty-four (24) months immediately following expiration or termination for any reason, whether with or without cause, each shall be held accountable and liable under applicable law if they cause to (i) make libellous, slanderous, defaming, statements, written or verbal, or cause or encourage others to make any false, misleading or otherwise non-protected, statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other or, as to Dominik Stone, its respective employees, officers, directors, managers, members and affiliates or with respect to you (ii) publish or attempt to publish any narrative, fictional or otherwise, concerning or based, in whole or in part, on Dominik Stone, without Dominik Stone prior written consent or without leave of court. Each party acknowledges and agrees that this extends to any false, misleading or otherwise non-protected, statements, written or verbal, that defame, or disparage made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), Dominik Stone Site users, clients or potential clients.

11.4 Restrictions.

You will not:

(a) issue any written statements or communicate, directly or indirectly, in any mode or fashion, with any person, entity, organization, or agency regarding or concerning, including, without limitation, the use of anonymous email or other communications through a third party, with respect to this Agreement or your use of the Service including, but not limited to our proprietary methodology that underscores the Service. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, or endorse or your business endeavours), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

(b) publish or attempt to publish on any website or to any third party any narrative, fictional or otherwise, concerning or based, in whole or in part, the Service or this Agreement without Dominik Stone prior written consent or without leave of court; or

(c)      interfere with Dominik Stone (including its officers, managers, employees, and affiliates) personal or business relationships concerning the Service or this Agreement.

11.5 Generally.

The Parties understand and agree that this Section 11 is a material provision of this Agreement and that any breach of this Section shall be a material breach of this Agreement, and that Dominik Stone would be irreparably harmed by any violation and that it would have no adequate remedy at law for such a violation.  As such, you therefore consent to immediate injunctive relief by a court of competent jurisdiction as a remedy for any violation of these terms of the Agreement. You further acknowledge that any actions taken not in compliance with this Section are considered as purposefully directed at Dominik Stone and that any actions for alleged injuries arise out or relate to activities in connection violations of this Section.

12. Miscellaneous.

12.1 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

 

12.2 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.

12.3 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.

12.4  Notice.


(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Dominik Stone Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Dominik Stone Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

(b) To Us. To give us notice under this Agreement, you must contact Dominik Stone as follows: (i) by email dom@dominikstone.com . We may update the facsimile number or address for notices to us by posting a notice on the Dominik Stone Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.

12.5 Assignment. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 12.5 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

12.6 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

12.7 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

 

12.8 Governing Law; Procedures for Dispute Resolution/30-day Arbitration and Opt-Out Policy.  

ALL DISPUTES WITH DOMINIK STONE ARISING IN ANY WAY FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.

ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR, WHOSE AWARD MAY NOT EXCEED, IN FORM OR AMOUNT, THE RELIEF ALLOWED BY THE APPLICABLE LAW.  

12.9 Advice of Counsel. EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT.  THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.

12.10 Entire Agreement; English Language. This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement.  We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this Agreement will control.

13. Definitions.

“Code of Conduct” means the policy currently available above, as we may update it from time to time.

 “Dominik Stone Confidential Information” means all non-public information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Dominik Stone Confidential Information includes: (a) non-public information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs including, but not limited to our proprietary methodology providing information and education to you so that you may conduct your own investment research and consider your own investment decisions; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. Dominik Stone Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; (iv) can be shown by documentation to have been independently developed by you without reference to the Dominik Stone Confidential Information; or (v) discloses your own trading activities but does not mention Dominik Stone proprietary methodology and other aspects of the Service.

“Dominik Stone Content” means Content we or any of its affiliates make available in connection with the Service or on the Dominik Stone Site to allow access to and use of the Service; Documentation; software libraries; command line tools; and other related technology. Dominik Stone Content does not include the Service.

“Dominik Stone Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Dominik Stone and its affiliates that we may make available to you in connection with the Service or this Agreement.

“Dominik Stone Site” means www.dominikstone.com and any successor or related site designated by us.

“Content” means software (including machine images), data, text, audio, video, images, DVDs or other content.

“Documentation” means the user guides and other written materials provided for in connection with the Service, as we may update from time to time.

 “Policies” means the Code of Conduct, the Site Terms, and all restrictions described in the Dominik Stone Content and on the Dominik Stone Site, and any other policy or terms referenced in or incorporated into this Agreement.

“Privacy Policy” means the privacy policy as we may update from time to time.

“Service” means each of the services made available by us or our affiliates, including any web services described in the Site Terms, the Dominik Stone Content, the Dominik Stone Marks, the Dominik Stone Site, and any other product or service provided by us under this Agreement. Service does not include Third Party Content.

 “Site Terms” means the terms of use, as we may update from time to time.

“Suggestions” means all suggested improvements to the Service that you provide to us.

“Term” means the term of this Agreement described in Section 6.1.

“Third Party Content” means Content made available to you by any third party on the Dominik Stone Site or in conjunction with the Service.

 “Your Content” means Content you (a) disclose, share, or upload on or to the Service, (b) cause to interface with the Services, or (c) upload to the Service under your account or otherwise transfer, process, use or store in connection with your account.

“Your Submissions” means Content that you post or otherwise submit to developer forums, sample code repositories, public data repositories, or similar community-focused areas of the Dominik Stone Site or the Service.

 

Code of Conduct

Last revised: February 1, 2020.

This Code of Conduct applies to your access and use of the websites or materials on which they appear (collectively, “Company Sites and Materials”). Without limitation, this Code of Conduct applies to your use of bulletin boards, message boards, newsgroups, chat rooms, and other interactive or social media features of the Company Sites and Materials. References to “Company,” “we” or “us” below are references to Dominik Stone and its owners, subsidiaries, affiliates, and joint business ventures, and their respective officers, directors, employees, agents, and representatives.

In accessing or using the Company Sites and Materials, you may not:

  • Restrict or inhibit any other visitor from using the Company Sites and Materials, including, without limitation, by means of “hacking” or defacing any portion of the websites;

  • Use the Company Sites and Materials for any unlawful purpose;

  • Express or imply that any statements you make are endorsed by us, without our prior express written consent;

  • Share, disseminate, or distribute any content, products, services, or materials available through your paid subscription or service;

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Company Sites and Materials;

  • “Frame” or “mirror” any part of the Company Sites and Materials without our prior written authorization;

  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the websites or its contents;

  • Harvest or collect information about visitors to the Company Sites and Materials without their express consent;

  • Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Company Sites and Materials;

  • Infringe any party’s intellectual property rights;

  • Threaten any of our users in any way;

  • Incite hatred or promote materials that violate our users’ civil rights;

  • Include or use profanity, vulgarity, obscenity or pornography;

  • Publish any other user’s personally identifiable information (e.g. credit or debit card numbers, social security numbers, driver’s license);

  • Impersonate any other user or person in a manner intended to mislead or confuse other users or engage in inappropriate, unethical or misleading behaviour;

  • Engage or promote illegal activities;

  • Send spam or transmit any malware or viruses or other harmful computer code, files or programs; and

  • Solicit or advertise on the websites or add abusive or non-related linking to your own site;

In order to access some of the services of the websites, you may have to create an account. By creating this account you agree to:

  • Maintain only a single account;

  • Provide accurate and complete information;

  • Never share your account user name or password or knowingly provide or authorize access to your account (including without limitation any subscription, products, services, or materials made available by the Company);

  • Never use another user’s account without permission;

  • Be solely responsible for the activity that occurs on your account, and keep your account password secure; and

  • Notify us immediately of any breach of security or unauthorized use of your account.

 

The Company may allow free speech, debate, and sharing among our users. However, the Company is opposed to language and acts that do not further the mission of the websites and our community, including personal attacks on other users.

The Company may, in its sole discretion, grant particular users the authority to moderate any and all User Submissions. Due to the volume of content, we may not review moderation decisions with users. In addition, individual moderators may adopt their own guidelines for chat rooms that they moderate. Users are encouraged to follow these moderator guidelines, but at all times this Code of Conduct and the Company’s Privacy Policy supersede such moderator guidelines to the extent that such guidelines are inconsistent with these Terms or the Company’s Privacy Policy.

You may not circumvent any measures we may put in place to protect the privacy or confidentiality of your account or information, or the account or information of ourselves, our affiliates, or other users, including encryption measures or the use of multi-factor authentication.