This is the User Agreement for the below-defined Service made available to you by Black Belt Investments, Inc. ("Black Belt Investments"). This is also where you will find posted updates by this User Agreement in the future.
YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HERENUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE "SERVICE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("AGREEMENT"). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY OR ACCEPTING ANY RELATED SERVICES FROM BLACK BELT INVESTMENTS, YOU AGREE THAT YOU:
Black Belt Investments may change the terms and conditions of this Agreement at any time. A notification of such change(-s), as well as the revised Agreement itself, will be posted in the Membership area of the Service. You will be responsible for regularly checking the Membership Area and for reviewing any changes to the Agreement. By using the Service after any such changes take place, you signify your acceptance of the change(-s) and your agreement to be bound by them.
Subject to the terms of this Agreement, Black Belt Investments grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Service, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Service to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(-s) or their clients.
Subject to the terms of this Agreement, you may download or print hard copies of pages or reports from the Service or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice (or such other message):
"© 2019 Black Belt Investments, Inc. All rights reserved."
There may be certain limits or additional conditions imposed on you in order for you to access certain portions of the Service and/or to download and/or print pages or reports (e.g., the number of downloads may be limited or you may be required to pay additional fees for downloads beyond a certain number or you may be required to provide additional information). In all cases, this Agreement (as supplemented by such limits and/or additional terms and conditions) will govern your use of the Service and you agree to comply with it.
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Service, or any portion of it (including, but not limited to, any download or printed copies made from it) without Black Belt Investments's prior written consent.
Black Belt Investments has the right, at any time without notice, to: (i) revoke or limit your license to use the Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Black Belt Investments has no obligation to update the Service or to correct any errors or omissions that might be contained in it.
You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by Black Belt Investments and/or its third party data providers ("Data Providers") and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain proprietary data and information of Black Belt Investments and its Data Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Data Provider is a third party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.
BLACK BELT INVESTMENTS, BLACKBELTINVESTMENTS.COM, and the BLACK BELT INVESTMENTS logo are registered marks of Black Belt Investments, Inc. In addition, any other Black Belt Investments's marks appearing in the Service, are the property of Black Belt Investments, Inc. You will not use or allow any third party to use any of Black Belt Investments's marks, including but not limited to the foregoing, without Black Belt Investments's prior express written consent. All marks not owned by Black Belt Investments are the property of their respective owners.
THIS SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS. BLACK BELT INVESTMENTS AND ITS DATA AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER BLACK BELT INVESTMENTS NOR ITS DATA AND SERVICE PROVIDERS WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SERVICE. NEITHER BLACK BELT INVESTMENTS NOR ITS DATA AND SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES OR ANY OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER BLACK BELT INVESTMENTS NOR ITS DATA AND SERVICE PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER BLACK BELT INVESTMENTS NOR ITS DATA AND SERVICES PROVIDERS WARRANT THAT THIS SERVICE COMPLIES WITH THE REQUIREMENTS OF THE IIROC OR FINRA OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases.
NEITHER BLACK BELT INVESTMENTS NOR ITS DATA PROVIDERS NOR ITS SERVICE PROVIDERS NOR ANY PERSON THROUGH WHOM BLACK BELT INVESTMENTS MAKES THE SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY BLACK BELT INVESTMENTS (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BLACK BELT INVESTMENTS AND ITS DATA AND SERVICE PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER BLACK BELT INVESTMENTS NOR ITS DATA AND SERVICE PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF BLACK BELT INVESTMENTS OR ITS DATA AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Black Belt Investments, its affiliates and its Data Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys' fees), and/or damages of any kind arising from or relating to:
If you are required to select a password to access or use the Service, you may then modify that password at any time as often as you like. You may not select any password that violates any third party's rights or is offensive, improper or inappropriate. If Black Belt Investments determines in its sole discretion that any password you select is inappropriate for any reason, Black Belt Investments may delete that password and/or limit or terminate your access to the Service.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this User Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY BLACK BELT INVESTMENTS (USING AN E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
The Service may contain information, products and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services and links are provided only as a convenience to users of this Service. Black Belt Investments does not control this information or these products, services or Web sites; Black Belt Investments does not make any representations or warranties, express or implied, regarding this information or these products, services or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Service does not constitute or imply an endorsement, authorization, sponsorship or affiliation by or with Black Belt Investments with respect to any third party, any third party's Web site or its content or any information, products or services provided by a third party.
By using our services through mobile apps (like "Smart Stocksmart Lite") you automatically agree to be bound by the terms of this Agreement. Installing of such an application also means that you automatically accept EULA of the particular app. A registration with Black Belt Investments is required if you use a paid app. Such registration is integrated into the mobile application.
Where available within the Service, stock quotes are provided by Quotemedia.com. NYSE/NYSE MKT (AMEX) data delayed 20 minutes. NASDAQ and other data delayed 15 minutes unless indicated. All the quotes are believed to be correct, but Black Belt Investments does not warrant or guarantee the accuracy, completeness or timeliness of any such information. Black Belt Investments advises you to always confirm the price of a particular investment with a broker or other party executing its sale, purchase or redemption, as appropriate.
This Agreement is governed by and construed in accordance with the laws of the Province Of Ontario, Canada, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the Province Of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the Province Of Ontario. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Oakville, Ontario, Canada, for any action or proceeding arising under or relating to this Agreement, the Service or the use of, or reliance on this Service, whether based in contract or tort or otherwise.
This User Agreement shall constitute the entire agreement between you and Black Belt Investments regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
You may not use the Service without a valid subscription from Black Belt Investments. To obtain a subscription, you must register for the Service by completing the online registration form available on the Service. Your subscription will not be valid unless and until Black Belt Investments accepts your registration. By registering for the Service, you represent and warrant that all registration information that you provide is true, complete and accurate, and you agree to notify Black Belt Investments promptly of any changes to this registration information. This notification can be effected by editing your user profile in the Service.
You may be offered a free trial subscription to the Service, beginning on the date on which Black Belt Investments accepts your registration. If you don't terminate during this trial period, the initial term of your regular paid Service subscription will start immediately after the free trial period ends and will continue for the length of time that you selected when you registered. If you have taken the Service trial in the past 12 months, you will not receive a free trial and your credit card will be charged immediately for the subscription fee associated with the term you select.
You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to become a Black Belt Investments' user, your subscription will automatically renew to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
BLACK BELT INVESTMENTS RESERVES THE RIGHT TO CHANGE THE SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including, but not limited to your co-workers) other than immediate family members living in the same household, provided that:
If offered a free trial period, you will not be charged a subscription fee during that free trial period. Subscription Fees on credit-card transactions will be authorized immediately, but not actually processed. If you remain a user when the free trial period ends, you will be charged for the initial term of your subscription and then, at the beginning of each renewal term, if any, for the subscription fee for that renewal term. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Service during that term. You can always find the current retail subscription rates by reviewing the Pricing page on the Service. Subscription fees are nonrefundable.
Black Belt Investments reserves the right to change the fees it charges for products, services or features (collectively, "Products") offered in connection with the Service at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all others fees and charges associated with your subscription (including, but not limited to, any applicable federal, state and local taxes) will be billed automatically by our Billing Service Provider, Stripe, to the credit card you provide when registering for the Service ("your credit card"). If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Black Belt Investments and Stripe, and if we do receive such information, it will be treated by us (and Stripe) as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.
You must promptly notify Black Belt Investments (through the Membership Area of the Service and as set forth below) if any information related to your credit card changes is no longer valid or of any other change to the information you provided Black Belt Investments regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Black Belt Investments will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Black Belt Investments shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys' fees) incurred by Black Belt Investments in collecting any unpaid subscription fees or other charges from you.
If you bought your subscription through Black Belt Investments, you may cancel your subscription in the Membership Area of the Service. Black Belt Investments will not process cancellations submitted via email.
If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided herein, if you cancel your subscription at any time after your trial period expires, your membership will continue in effect until the monthly anniversary of the effective date of your paid subscription and then terminate on that date. (For example, if your paid subscription start date is on January 1 and you cancel on June 15, your membership continues until July 1, at which time it ends.)
Black Belt Investments may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this User Agreement; or (ii) your use of or access to the Service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Service or any other service offered by Black Belt Investments. None of the foregoing limits any other legal, equitable or contractual rights available to Black Belt Investments.
Black Belt Investments may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
A membership in the Service acquired as a result of a reward from any crowdfunding campaigns can be cancelled after 1 year elapses starting from the moment a membership was activated in the Service.
A user of a free mobile app can cancel the Agreement by uninstalling the app, and thus, not using the Service any longer.
A purchase of a paid mobile app is a subject to Returns and refunds rules of Google Play and Apple AppStore. As such, the subscription through a paid mobile app cannot be cancelled.
For technical and product support related to your subscription, please go to the Membership Area or Feedback section of the Service to contact Black Belt Investments via email.
All the data available through "Black Belt Investments" is the property of Black Belt Investments, Inc. or its Data Providers and is protected by copyright and intellectual property laws. All rights reserved.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall the data be used in connection with creating, promoting, trading, marketing of any Investment Products without the express written consent of Black Belt Investments, Inc. or its Data Providers. You are entitled to use the data it contains for your private, non-commercial use only.
Black Belt Investments, Inc., Black Belt Investments, the Black Belt Investments logo and blackbeltinvestments.com are registered trademarks of Black Belt Investments, Inc.. All other Black Belt Investments products and proprietary tools are trademarks of Black Belt Investments, Inc. All other brands and names are the property of their respective owners.
"Black Belt Investments" contains statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific securities do not constitute an offer to buy or sell securities. The past performance of a mutual fund, stock, ETF or investment strategy cannot guarantee its future performance.
Neither Black Belt Investments, Inc. nor its Data Providers can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the Information on the Web site, including, but not limited to Information originated by Black Belt Investments, licensed by Black Belt Investments, Inc. from Data Providers or gathered by Black Belt Investments, Inc. from publicly available sources. There may be delays, omissions or inaccuracies in the Information.
NEITHER BLACK BELT INVESTMENTS, INC. NOR THE DATA PROVIDERS SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION ON "BLACK BELT INVESTMENTS" OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF "BLACK BELT INVESTMENTS". THE PAST PERFORMANCE OF A MUTUAL FUND, STOCK, ETF OR INVESTMENT STRATEGY CANNOT GUARANTEE ITS FUTURE PERFORMANCE.
NEITHER BLACK BELT INVESTMENTS, INC. NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN "BLACK BELT INVESTMENTS". ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
This User Agreement was last updated in October, 2016.