IPO Prophet® Terms of Use
Last Modified: October 4, 2023
IPO Prophet® Terms of Use
Please read these terms and conditions carefully.
NONE OF THE CONTENT PUBLISHED ON THE WEBSITE OR MOBILE APP CONSTITUTES A RECOMMENDATION, SOLICITATION, ENDORSEMENT, OR OFFER BY IPO Prophet® OR ITS AFFILIATES TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS, OR OTHER FINANCIAL INSTRUMENTS, OR PROVIDE ANY INVESTMENT ADVICE OR SERVICE.
IPO Prophet® Software LLC (“IPO Prophet®”) operates the website at https://ipoprophet.com/ (“Website”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Website, including any content, functionality and services offered on or through this Website, whether as a guest or a registered user. These Terms of Use also govern your access to and use of our mobile application (“Mobile App”), which provides dedicated non-browser-based interaction between you and our Website.
Please read the Terms of Use carefully before you start to use the Website or Mobile App. By using the Website or Mobile App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Mobile App. IPO Prophet® reserves the right to change these Terms of Use which you are expected to and responsible for regularly reviewing and your continued use of this Website or Mobile App constitutes agreement to all such changes.
Our Website and Mobile App are offered and available to users who are 18 years of age or older. By using our Website or Mobile App, you represent and warrant that you are of legal age to form a binding contract with IPO Prophet® and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Mobile App.
THESE TERMS OF USE REQUIRE DISPUTE RESOLUTION VIA ARBITRATION AND ON AN INDIVIDUAL BASIS, RATHER THAN A CLASS ACTION.
Changes to the Terms of Use
IPO Prophet® reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Website or Mobile App and to suspend and/or deny access to this Website or Mobile App for scheduled or unscheduled maintenance, upgrades, improvements or corrections, or in its entirety. The information and materials on this Website or Mobile App may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and IPO Prophet® does not undertake any obligation or responsibility to update or amend any such information. IPO Prophet® may discontinue or change any product or service described in or offered on this Website or Mobile App at any time.
Certain sections of or pages on this Website or Mobile App may contain separate terms and conditions, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.
Services and Market Opinions
NONE OF THE CONTENT PUBLISHED ON THE WEBSITE OR MOBILE APP CONSTITUTES A RECOMMENDATION, SOLICITATION, ENDORSEMENT, OR OFFER BY IPO Prophet® OR ITS AFFILIATES TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS, OR OTHER FINANCIAL INSTRUMENTS, OR PROVIDE ANY INVESTMENT ADVICE OR SERVICE.
The content published on the Website or Mobile App is for educational and informational purposes of a general nature only and as been prepared without reference to any particular user's investment requirements or financial situation. You understand that trading in securities (including stocks, options, ETFs, bonds, and other investment vehicles) involves risk and volatility and is not suitable for all investors. Loss of principal is possible. You acknowledge that you enter into any transactions relying on your own judgment. Prior to the execution of any transaction by you involving information you received from this Website or Mobile App, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. IPO Prophet® is not a fiduciary and will not have any fiduciary duties to you or any third party by virtue of any use of the Website or Mobile App.
You further understand that the views expressed on or through the Website or Mobile App are the authors' own opinions, and that the Website or Mobile App may contain opinions from time to time with regard to securities or other types of investments mentioned in other areas available on or through the Website or Mobile App, and may conflict with the opinions expressed in other areas available on or through the Website or Mobile App.
NONE OF THE CONTENT PUBLISHED ON THE WEBSITE OR MOBILE APP CONSTITUTES A RECOMMENDATION, SOLICITATION, ENDORSEMENT, OR OFFER BY IPO Prophet® OR ITS AFFILIATES TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS, OR OTHER FINANCIAL INSTRUMENTS, OR PROVIDE ANY INVESTMENT ADVICE OR SERVICE.
Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. Past results are not necessarily indicative of future performance. Our past back tests, analysis, and strategy results are not a guarantee of future results. Using any graph, chart, formula, or other device to assist in deciding which securities to trade or when to trade them presents many difficulties and their effectiveness has significant limitations, including that prior patterns may not repeat themselves continuously or on any particular occasion. In addition, market participants using such devices can impact the market in a way that changes the effectiveness of such device. In no event shall IPO Prophet® be held liable for losses incurred in connection with any decision made by any party based on information provided verbally, in writing, or via this Website or Mobile App by IPO Prophet®, or any delays, inaccuracies, errors, or omissions in or relating to such information.
The information and services provided on this Website or Mobile App are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where IPO Prophet® is not authorized to provide such information or services. Some products and services described in this Website or Mobile App may not be available in all jurisdictions or to all clients.
Third-Party Use
Some content or applications on the Website or Mobile App are served by third parties, including content providers, analytics providers, social media companies, and application providers. By accessing or using our Website or Mobile App, you accept and agree to be bound and abide by the following third-party Terms of Use and Privacy Policies:
AWS Cloud Services:AWS Terms of Use and Privacy Policy
HubSpot Payment Services: Terms of Use andPrivacy Policy
Google Analytics: Privacy and Terms
Reddit: Terms of Useand Privacy Policy
QuoteMedia Real-Time Market Data & Financial Solutions: Terms of Use and Privacy Policy
Disclaimer of Warranty and Limitation of Liability
THE INFORMATION, PRODUCTS, AND SERVICES ON THIS WEBSITE OR MOBILE APP ARE PROVIDED ON AN "AS IS," "WHERE IS", “AS AVAILABLE” AND "WHERE AVAILABLE" BASIS. IPO Prophet® DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THIS WEBSITE OR MOBILE APP GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IPO Prophet® WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE OR MOBILE APP. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE OR MOBILE APP FOR ANY RECONSTRUCTION OF ANY LOST DATA. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE OR MOBILE APP IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, IPO Prophet® CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. IPO Prophet® MAKES NO REPRESENTATIONS CONCERNING THE LIKELIHOOD OF PROFITABLE TRADING USING THE SERVICES. NEITHER IPO Prophet®, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR, SHALL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR, WHETHER CAUSED BY THE NEGLIGENCE OF IPO Prophet® OR OTHERWISE ARISING IN CONNECTION WITH THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE OR MOBILE APP, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE OR MOBILE APP, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE OR MOBILE APP AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR MOBILE APP OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF IPO Prophet® OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES. IN NO EVENT SHALL IPO Prophet® OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF IPO Prophet® OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IPO Prophet® CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR MOBILE APP.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Proprietary Rights
All right, title and interest in this Website and Mobile App and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are the exclusive property of IPO Prophet®, except as otherwise stated, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unless otherwise specified, this Website and Mobile App are for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, reverse-engineer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website or Mobile App, without prior written approval from IPO Prophet®. If you copy or download any information or software from this Website or Mobile App, you agree that you will not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from copies of materials from this site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Mobile App in breach of the Terms of Use, your right to use the Website and Mobile App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. If you wish to make any use of material on the Website or Mobile App other than that set out in this section, please address your request to: info@ipoprophet.com.
IPO Prophet® , the IPO Prophet® logo TM and other IPO Prophet® trademarks and service marks published on the Website and Mobile App are trademarks and service marks of IPO Prophet®. The names of other companies and third-party products or services published on the Website and Mobile App, or referenced herein, may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of IPO Prophet® or such third party, which may own the marks.
You acquire no right, title, or interest in or to the Website or Mobile App or any content on the Website or Mobile App, other than the limited right to utilize the Website or Mobile App in accordance with these Terms of Use. All rights not expressly granted are reserved by IPO Prophet. Any use of the Website or Mobile App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Unauthorized Use
You may use this Website and Mobile App only for lawful purposes and in accordance with these Terms of Use. Unauthorized use of IPO Prophet®'s Website and Mobile App, including, but not limited to the following is strictly prohibited:
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website or Mobile App, or which, as determined by us, may harm IPO Prophet® or users of the Website or Mobile App or expose them to liability.
Use the Website or Mobile App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Mobile App, including their ability to engage in real time activities through the Website or Mobile App.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Mobile App, the servers on which the Website or Mobile App are stored, or any server, computer, or database connected to the Website or Mobile App or data stored therein.
Use any robot, spider, or other automatic device, process, or means to access the Website or Mobile App for any purpose, including monitoring or copying any of the material on the Website or Mobile App.
Use any device, software, or routine that interferes with the proper working of the Website or Mobile App.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful, or attack the Website or Mobile App via a denial-of-service attack or a distributed denial-of-service attack.
Use any manual process to monitor or copy any of the material on the Website or Mobile App or for any other unauthorized purpose without our prior written consent.
You agree that you will not engage in any activities related to this Website or Mobile App that in any way violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Account Security
To access the Website or Mobile App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or Mobile App that all the information you provide on the Website or Mobile App is correct, current, and complete. You agree that all information you provide to register with this Website or Mobile App or otherwise, including but not limited to through the use of any interactive features on the Website or Mobile App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or Mobile App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session when using a shared computer or device. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to access your account, view or record your password, or obtain other personal information.
We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, and to terminate any subscription, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We may also disable your access or terminate your subscription, if we receive a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires us to do so.
Privacy Policy
IPO Prophet® may process personal data as part of and/or in connection with your access and/or use of this Website or Mobile App. This includes using cookies and similar technology to collect information about your use of our Website or Mobile App and your preferences.
By accessing or using this Website or Mobile App you consent to IPO Prophet processing personal data and using cookies as further detailed in our Privacy Policy. You acknowledge and agree that if you choose to reject our cookies, some or all parts of the Website or Mobile App may not function properly or may not be accessible.
You also agree that by accessing or using our Website or Mobile App, you accept and agree to be bound and abide by the following third-party Privacy Policies:
AWS Cloud Services:AWS Terms of Use and Privacy Policy
HubSpot Payment Services: Terms of Use andPrivacy Policy
Google Analytics: Privacy & Terms
Reddit: Terms of Useand Privacy Policy
QuoteMedia Real-Time Market Data & Financial Solutions: Terms of Use and Privacy Policy
Payment
Some areas of our Website or Mobile App may only be accessible if you have purchased a subscription. Subscriptions may be purchased on a monthly, quarterly or on an annual basis. You agree that by registering for a subscription, you are offering to buy a subscription for the term you select, and that your subscription is non-cancellable, except as otherwise set forth in these Terms of Use. A subscription is a right and license to access the Website or Mobile App, or a portion thereof, and you do not acquire any ownership interest in the Website or Mobile App or the content provided on the Website or Mobile App other than to use the same in accordance with the limited license granted and subject to all terms, conditions, and restrictions under these Terms of Use. IPO Prophet and its licensors reserve and shall retain their entire right, title, and interest in and to the Website and Mobile App and its contents as further described in these Terms of Use.
You will be billed in advance on a recurring and periodic basis based on the term you select when you register for your subscription (the “Billing Cycle”). At the end of each Billing Cycle, your subscription will automatically renew under the same terms and conditions unless you cancel it or IPO Prophet® cancels it. You may cancel your subscription by contacting IPO Prophet at info@ipoprophet.com.
Prices and terms of payments for subscriptions are subject to change without notice, however, you will only be charged the new price when your current subscription renews. Subscription prices do not include any applicable taxes, if any, which will be added to your total when you purchase the subscription.
IPO Prophet® utilizes the services of HubSpot to process payment through credit card and ACH means. By purchasing a subscription with IPO Prophet® and utilizing HubSpot's payment services, you acknowledge and agree to be bound by HubSpot's Terms of Use andPrivacy Policy.
Use of Links
This Website or Mobile App contains links to third party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by IPO Prophet® of any information contained in any third party website. In no event shall IPO Prophet® be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this Website or Mobile App and you should read those carefully. If you decide to access any of the third party websites linked to or on our Website or Mobile App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Indemnification
You agree to defend, indemnify and hold harmless IPO Prophet®, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your access to and use of this Website or Mobile App; (ii) your breach or violation of any term, condition, representation or warranty contained in these Terms of Use or the Privacy Policy; and (iii) your violation of state or federal laws or regulations, or any other person's rights, including but not limited to infringement of any intellectual property, proprietary, or privacy right of any third party.
International Restrictions
The Website and Mobile App are controlled, operated and administered by IPO Prophet® from its offices within the United States. We provide the Website and Mobile App for use only by persons located in the United States. We make no claims that the Website or Mobile App or any of their content is accessible or appropriate outside of the United States. Access to the Website or Mobile App may not be legal by certain persons or in certain countries. If you access the Website or Mobile App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Choice of Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of laws provisions.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and IPO Prophet® agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through the Website and Mobile App); and claims that may arise after the termination of these Terms of Use. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms of Use, you agree to resolve any and all disputes with IPO Prophet® as follows:
Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. Except for intellectual property and small claims court claims, you and IPO Prophet® agree to use each of your best efforts to settle any dispute, claim, question, or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If you and IPO Prophet® do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either you or IPO Prophet® may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use (including the Terms of Use's or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Website or Mobile app shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use or the Privacy Policy, including but not limited to any claim that all or any part of these Terms of Use or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover; (b) send a copy of the Demand for Arbitration, the appropriate filing fee, and this arbitration agreement, to AAA either via email at casefiling@adr.org or via mail to any AAA office; and (c) send one copy of the Demand for Arbitration to IPO Prophet® via email at info@ipoprophet.com or via at IPO Prophet® Software LLC, 1500 N. Grant Street Suite 4128 Denver, CO 80203, United States, Attention: Legal Department.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Colorado, United States of America. You and IPO Prophet® further agree to submit to the personal jurisdiction of any federal or state court in Denver, Colorado, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. You and IPO Prophet® further agree that the arbitration shall be conducted in your individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
YOU AND IPO Prophet® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception for Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Survival. This Section shall survive any termination of these Terms of Use.
No Limitation on Trading
IPO Prophet® and its managers, members, employees and agents may trade or hold positions in any securities or commodity futures mentioned or discussed by IPO Prophet® with respect to its products or services.
Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
Survival
The following provisions shall survive any termination of these Terms of Use: Services and Market Opinions, Disclaimer of Warranties and Limitation of Liability, Proprietary Rights, and Dispute Resolution.
Entire Agreement
These Terms of Use and Privacy Policy constitute the entire agreement between you and IPO Prophet® with respect to the Website and Mobile App and supersede all prior or contemporaneous communications, agreements, understandings, representations, and warranties, both written and oral, between you and IPO Prophet® and you with respect to the Website and Mobile App.
Comments and Concerns
This Website and Mobile App is operated by IPO Prophet® Software LLC, 1500 N. Grant Street, Suite 4128 Denver, CO 80203, United States.
All other feedback, comments, requests for technical support, and other communications relating to the Website or Mobile App should be directed to: info@ipoprophet.com.