Terms of Service

The following Terms of Service (“Terms”) entered into by and between you and WB Scores, LLC (“us,” “we,” “our,” or “Company”) describe the terms and conditions on which you may access and use the Company website located at www.wbscores.com (the “Site”) and related services including Company’s scoring and ranking system for publicly traded securities (together with the Site, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

BY ACCESSING THE SITE OR USING THE SERVICES IN ANY WAY, YOU REPRESENT AND WARRANT THAT YOU (1) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; AND (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

About the Services. The aim of the Services is to aid users in evaluating potential investments through the use of Company’s proprietary scoring and ranking system for publicly traded securities. Such scores and rankings are calculated utilizing Company’s proprietary formula and publicly available information. Company does not have access to any non-public information relating to any of the companies whose securities are listed on the Site.

Company is not a securities broker/dealer or an investment advisor. The Services are provided for informational purposes only, and you understand and agree that any investment decisions are made at your own risk. The information provided through the Services is not intended to be, nor does it constitute, financial or investment advice or recommendations. No part of the Services represent, are intended to represent, or shall be deemed a recommendation to buy, hold, or sell any securities. Investments in securities are speculative in nature and subject to a substantial risk of loss. Past performance is not an indicator of future performance. You are solely responsible for determining whether any investment, security, or strategy is appropriate or suitable for you based on your investment objectives and personal and financial situation.

Use of the Services. Subject to these Terms, Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, provided, however, that your computer or device may temporarily store copies of the Services in RAM incidental to your accessing, viewing, and using the Services.

You must not:

  • Modify copies of any Services or content from the Site, except as permitted by these Terms.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

  • Reverse engineer, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof.

  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features protecting the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any such copies you have made.

Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms.

  • To transmit or produce the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” text messages, or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity, including without limitation by using e-mail addresses, user names, or screen names associated with any of the foregoing.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which we determine may harm Company or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.

  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Services.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • Attack the Site via a denial-of-service attach or a distributed denial of service attack.

  • Otherwise attempt to interfere with the proper working of the Services.

Accessing the Services and Account Security. Company reserves the right to withdraw or amend the Services in its sole discretion without notice. Company will not be liable if for any reason all or part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or all of the Services.

If you choose or are provided with a user name, 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 acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, 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.

Subscriptions. Some parts of the Services are offered on a subscription basis. Subscription fees will be charged in advance on a recurring monthly basis (“Billing Cycle”). Unless you cancel your subscription prior to the end of your Billing Cycle, your subscription will automatically be renewed for the following Billing Cycle.

A valid payment method is required to process your subscription payment. All payments are processed through a payment processing service that is not affiliated with Company, and Company may change the selected payment processing service at any time without notice. We may seek authorization from your payment method provider in order to verify your payment method and confirm that you are able to pay for the Services in connection with your subscription; however, any such authorization is not a charge, despite the possibility that it may reduce your overall available credit and may subject you to overdraft or insufficient funds charges. We are not responsible for your overdraft or insufficient funds charges, irrespective of how the charges were incurred.

Company reserves the right to modify its subscription fees at any time in its sole discretion. Any fee changes will become effective at the end of the then-current Billing Cycle. Company will provide you with reasonable prior notice of any change in subscription fees. Your continued use of the Services after a subscription fee change becomes effective constitutes your agreement to the fee change. Subscription fees are non-refundable regardless of any disruption to the Site or for any other reason, except where otherwise prohibited by applicable law

Subscription Cancellations. We work hard to ensure you are satisfied with the Services, however if you feel you would like to cancel your subscription at any time, you may do so through your account page or by sending an e-mail to our Customer Support Team [email protected]. All requests for cancellations must be received prior to the 30th day of a calendar month to avoid being billed for the following month.

User Contributions.  The Site may contain message boards, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, to include their physical location (collectively, “User Contributions”), on or through the Site. All User Contributions must comply with the Content Standards set forth herein. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings. You represent and warrant that: (a) you own or control all rights in and to the User Contributions you post and have the right to grant the license granted above to us and our affiliates, and each of their respective licensees, successors and assigns; and (b) all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any person or entity for the content or accuracy of any User Contributions posted by you or any other user of the Site.

If you believe that any User Contribution violates your copyright, please see our contact information in this Terms and send us a notice of copyright infringement. It is the policy of Company not to condone intellectual property infringement.

Content Standards.  These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or entity.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

  • Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.

Monitoring and Enforcement.

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Company.

  • Disclose your identity or other information about you to any third party who claims that you violated their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Site. YOU HEREBY WAIVE AND HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Site. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

Prohibited Acts.  We reserve the right to deactivate your account in the event you fail to abide by the restrictions set forth in these Terms. As a user of the Services, you shall not and are prohibited from: violating any law, statute, ordinance or regulation; acting in a deceiving or fraudulent manner; threatening any person; harassing any person; defaming any person; interfering with the services intended to be provided in connection with the Site; using the Services to infringe on any party’s legal rights, to include intellectual property rights; infringing on our intellectual property rights or acting to copy or mimic the Services in any way; modifying the Services in any way, whether for your own use or the use of another, to include reverse engineering of the Services; using any application to alter the presentation of the Site; creating any liability for Company; or causing any other party to engage in any of the aforementioned activities.

Intellectual Property Rights.  The Site and its 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 owned by Company and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Company’s name, logo and all related names, logos, product and service names, designs and slogans are intellectual property of Company or its affiliates. You may not use such intellectual property without the prior written permission of Company. All other names, logos, product and service names, designs and slogans in the Site are the intellectual property of their respective owners.

Communications, Linking to the Site. You hereby consent to accept and receive communications from us, including via electronic mail (e-mail), text message, phone call, push notification, and any other form of messaging to your e-mail or phone number, as provided by you. You further consent to acceptance of messages delivered via automatic dialing systems. YOU MAY OPT OUT OF PROMOTIONAL MESSAGES BY SENDING AN UNSUBSCRIBE NOTICE TO: [email protected]. You acknowledge that opting out of receiving promotional messages may impact your use of the Site.

You may link to our Site, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

You must not:

  • Establish a link from any application or website that is not owned by you.

  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or application.

  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice in our discretion.

Links from the Site.  If the Site contains links to other applications or websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those applications, websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links, you do so entirety at your own risk and subject to the terms of use of such third party.

Updates.  Company may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.

Third Party Materials.  The Site may display, include, or make available third-party content (including data, information, applications, and other products, services and/or materials) or provide links to third party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third-parties’ terms and conditions.

Disclaimer of Warranty. THE SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND (1) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY RESULTS; (2) AS TO THE COMPLETENESS OR ACCURACY OF THE SERVICES, ANY INFORMATION OR CONTENT PROVIDED ON THE SITE; OR (3) THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN AND WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES OR ANY CONTENT OR OTHER MATERIAL PUBLISHED OR MADE AVAILABLE ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY DECLINE IN MARKET VALUE OR LOSS OF ANY INVESTMENT.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.

Indemnification.  You agree to indemnify, defend and hold harmless Company and its insurers, officers, managers, members, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms, including but not limited to the content you submit or make available through the Site.

Geographic Restrictions.  The Services are based in the United States and provided for access and use only by persons located in the United States or any of its territories or possessions. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

Governing Law.  These Terms is governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

Arbitration; Class Action Waiver.  If not resolved through negotiation, any dispute between you and Company or any of either party’s affiliates arising under, out of, in connection with or in relation to these Terms, the parties’ relationship, or Company’s business must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be determined by arbitration administered by the American Arbitration Association pursuant to its then-current commercial arbitration rules and procedures. Any arbitration must be on an individual basis and the Parties and the arbitrator will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. The arbitration must take place in the county where Company’s headquarters is located at the time of the dispute. The arbitrator must follow the law and not disregard these Terms. A judgment may be entered upon the arbitration award by any state or federal court of competent jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances: (i) assess punitive, exemplary or consequential damages; or (ii) make any award which extends, modifies or suspends any lawful provision contained in these Terms or any reasonable standard of business performance that Company sets. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the enforceability of all or any part of this Section. In the event that any one or more provisions of this Section shall be or become invalid, illegal or unenforceable in any respect, the validity legality and enforceability of the remaining provisions of this Section shall not be affected thereby.

Entire Agreement.  These Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

Waiver.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms any applicable purchase or other terms, these Terms shall govern.

Your Comments and Concerns.  The Site is operated by WB Scores, LLC, 2 South Biscayne Boulevard, Suite 2600, Miami, Florida 33131.

All notices of copyright infringement claims should be sent to WB Scores, LLC at the above address.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected]. 

         

Terms of Service | Privacy Policy