Stockperks, LLC Terms of Service
Date Last Revised: October 1, 2023
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN STOCKPERKS AND YOU, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH STOCKPERKS THROUGH FINAL AND BINDING ARBITRATION. PLEASE SEE THE DISPUTES CLAUSE IN SECTION 21 BELOW FOR MORE INFORMATION.
STOCKPERKS IS NOT ENGAGED IN RENDERING FINANCIAL OR INVESTMENT ADVICE OR SERVICES VIA THE SERVICE. Stockperks makes no representation, warranty or endorsement regarding any Company featured or, or with which you interact, through the Service. You should be careful and exercise caution in entering into financial or investment transactions. No agency, partnership, joint venture or other form of joint enterprise or employment relationship exists between Stockperks and any Companies, including Companies who offer Perks through the Service.
You acknowledge and agree that you have the legal power and authority to enter into these Terms. If you are entering into the Terms on behalf of a company or other entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms "you" or "your" refers to such entity.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Service on a computer, tablet device or mobile phone that you own or lawfully control. If you have accessed or downloaded the App from any “app” store or distribution platform, such as the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only, and we are solely responsible for the App; (ii) the App Provider has no obligation to furnish any maintenance and support services for the App; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and (v) you will comply with all applicable third-party terms of service when using the App.
For Companies. The Service enables participating companies (“Company(ies)”) to administer certain loyalty programs, benefits, incentives, privileges, or perks offered by the Company to the Company’s shareholders (“Perks”). Using the Service, Companies can (i) offer Perks of the frequency and type that they determine and utilize Perks for new product or service launches or campaigns; (ii) receive regular data made available regarding investor sentiment on the overall stock market and investing (“Market Sentiment Reports”); (iii) create and circulate surveys to the users of the Service to gather feedback from investors on various topics, including factors that would lead investors to invest more, views on dividend policies, etc. (“Surveys”); and (iv) communicate with shareholders directly through the messaging feature of the Service on topics including quarterly earning recaps, proxy vote reminders, key messages from Company management, feedback, and respond to inquiries from shareholders.
For Shareholders. The Service also enables you, as a shareholder of a Company, the ability to (i) browse and apply to receive Perks of the Companies in which you invest; (ii) connect and communicate directly with Companies by responding to Surveys or by communicating directly with the Company through the messaging feature of the Service to give your opinion, feedback, and ask questions; (iii) be a part of a stronger shareholder and investor community and learn from and engage with fellow shareholders and share Perks with others who may have an interest; and (iv) access weekly Market Sentiment Reports.
Perks are offered by, managed and controlled by the Company and your qualification for and redemption of any Perk is subject to the applicable Company’s terms and conditions related thereto. Qualifications to receive any particular Perk are subject to review and determination by the Company, not by Stockperks. By using the Service, you acknowledge the Company’s authority to (i) determine eligibility criterion of Perks; (ii) award or refuse to award Perks based on the Company’s evaluation of your eligibility for the Perk; (iii) add or remove Perks; (iv) discontinue Perks; and (v) view that portion of your stock portfolio related to the Company to assess your qualifications and eligibility for the applicable Perk. Stockperks is not responsible for your failure to qualify for, access or receive any Perks.
All materials contained on, in, or available through the Service, including all information, data, text, photographs, images, graphics, logos, button icons, sound, music, audio clips, data, forms, graphs, videos, typefaces, and other material, and software the selection and arrangement thereof, and all source code, software compilations, and other materials, but excluding Third-Party Content incorporated in or made available through the Service is “Our Content”. Our Content is protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with Our Content, whether registered or not, are our sole property or the property of third parties. Our Content includes the STOCKPERKS name and logo and other related names, design marks, product names, feature names and related logos which may not be used, copied or imitated, in whole or in part, without the express prior written permission of Stockperks. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Stockperks and may not be copied imitated or used, in whole or in part, without the express prior written permission of Stockperks. Our Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Service, any ownership rights in Our Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Service or components thereof, unless such upgrade is accompanied by separate terms in which case such updated terms will govern.
- Use Limitations
You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Service. You may not copy (except as expressly permitted by these Terms) or publish the Service, or components thereof, for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Service, or components thereof, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Service, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Stockperks and its licensors irreparable injury, which may not be remedied at law, and you agree that Stockperks and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
- Account Access and Data Processing
There is no charge to access and browse the Service. You are responsible for any applicable Internet or telecommunication use charges that may apply at rates that are determined by the providers of such services. In order to access and browse the Service, you must have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Service may be upgraded from time to time to add support for new functions and services.
When setting up your Stockperks user account (the “Account”), you will be prompted to link your Stockperks user profile with your brokerage account. Stockperks is committed to safeguarding your data and maintaining transparency. Here are details regarding the processing of your brokerage account data:
Types of Data: Stockperks will only access and process brokerage account data relevant to determining Perk eligibility and delivering the Service. This includes portfolio and transaction history data.
Purpose: The primary purpose of data processing is to identify the Companies in which you own stock in order to display Perks for which you might be eligible and so the relevant Companies can verify your ownership of such stock.
Storage Duration: Data is stored as long as your brokerage account remains connected to your Account. You can disconnect your brokerage account from within the mobile app, at which point the Data will be promptly deleted.
Security Measures: Stockperks employs robust security measures to protect your data from unauthorized access or disclosure.
By using Stockperks, you acknowledge and agree to the outlined data processing practices.
- Account Credentials
You are responsible for safeguarding the username(s) and password(s) that you use to access your Account (collectively, “Credentials”) and for any activities or actions that take place through your Account. Please create and use strong passwords to access your Account.
You agree to promptly notify Stockperks if you become aware of, or suspect, any unauthorized use of your Credentials or Account, a breach of security, or unauthorized copying or distribution of Our Content. You verify that the information you have entered is accurate and true. You must update your profile information in your Account to ensure your personal information remains up to date and accurate.
- Rights Concerning Your Information
- User Feedback
All feedback, suggestions, ideas, and other submissions disclosed to Stockperks in connection with your use of the Service (collectively, "Feedback") will be Stockperks' property. Such disclosure of Feedback will constitute an assignment to Stockperks of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Stockperks will be under no obligation to maintain any Feedback in confidence, pay any compensation for any Feedback, or respond to any Feedback.
You acknowledge and agree that, except as otherwise authorized by Stockperks in writing, you will not: a. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or Our Content; b. copy, reproduce, republish, upload, post, transmit or distribute the Service or Our Content; c. modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or Our Content; d. knowingly or negligently permit other individuals or entities to use or copy the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device; e. access the Service to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, (iii) copy any ideas, features, functions or graphics of the Service, (iv) monitor its availability, performance or functionality, (v) undertake any endeavors aimed at deriving revenue, except as expressly permitted herein; or (vi) for any other benchmarking or competitive purposes; f. attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Stockperks or its customers or suppliers, or those of any other party; g. breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; h. attempt to probe, scan or test the vulnerability of a system, account or network of Stockperks or its customers or suppliers, or any Stockperks product or service; i. interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mailbombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, software; j. forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to Stockperks or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity; k. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information; l. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, to the Service or any Stockperks (or Stockperks supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to the Service or to any Stockperks (or Stockperks supplier) facilities used to deliver the Service; m. create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and n. knowingly: (i) send spam or otherwise duplicative or unsolicited messages in violation if applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.
Stockperks will cooperate with law enforcement or a court order requesting or directing Stockperks to disclose the identity of anyone posting any information or material prohibited by these Terms. Stockperks may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Stockperks, its clients, or the public.
- Termination, Suspension of Service
Stockperks may terminate your password, account or use of the Service if you breach or otherwise fail to comply with these Terms or Stockperks’ payment policies. In addition, Stockperks may terminate your access to the Service at any time in its sole discretion. If access to or use of the Service is suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe.
- Third Party Content
The Service (i) contains links to other websites, including without limitation, Company websites, which are owned and operated by third-parties; (ii) pulls data and information from websites and services which are owned and operated by third-parties to aggregate and present information to you and the Companies for the purposes described on the Website, including without limitation to provide Market Sentiment Reports, and (iii) contains content such as graphics and photos, that may be owned by third parties and may be of interest to our users (collectively, “Third-Party Content”).
WE DO NOT INVESTIGATE OR MONITOR THIRD-PARTY CONTENT, NOR DO WE HAVE CONTROL OVER THE TIMING OR AVAILABILITY OF SUCH THIRD-PARTY CONTENT, AND THEREFORE WE ARE NOT RESPONSIBLE FOR AND EXPLICITLY DISCLAIM ANY AND ALL LIABILITY FOR ALL THIRD-PARTY CONTENT.
- Copyright Infringement
We respect the intellectual property rights of others, and require that people who use the Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.
By using the Service, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
- Service Interruptions
It may be necessary for Stockperks to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Stockperks provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free. Any degradation or interruption of the Service will not give rise to a refund or credit of any fees paid by you.
- Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE OR OUR CONTENT; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE.
- Limitation of Liability
IN NO EVENT WILL STOCKPERKS OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE OR OUR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL STOCKPERKS’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO USE IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM OR THE AMOUNT OF $500.00 U.S. DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICE OR OUR CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE SERVICE AND ACCESS PROVIDED HEREUNDER.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Stockperks may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in Stockperks’ account information, or by written communication sent by first class mail or pre-paid post to your address on record in Stockperks’ account information. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Stockperks (such notice will be deemed given when received by Stockperks) at any time by the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Stockperks 500 7th Ave, New York, NY 10001
- Modification to Terms
Stockperks reserves the right to modify the Terms or its policies relating to the Service at any time, effective upon posting of an updated version of the Terms on the Website or App. You are responsible for regularly reviewing the Terms. Continued use of the Service after any such changes will constitute your consent to such changes.
- Customer Communications; Disclosure
From time-to-time Stockperks may ask whether or not you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by notifying Stockperks. Because the Service is a hosted, online application, Stockperks may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.
- GOVERNING LAW; ARBITRATION OF DISPUTES; NO CLASS ACTION.
THIS AGREEMENT WILL BE GOVERNED BY NEW YORK LAW AND ANY DISPUTES, ACTIONS, CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WITH THE EXCEPTION OF CLAIMS FOR INJUNCTIVE RELIEF, WILL BE RESOLVED IN ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK. YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST STOCKPERKS ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. IN THE EVENT THAT THIS ARBITRATION AGREEMENT IS FOR ANY REASON HELD TO BE UNENFORCEABLE, ANY LITIGATION AGAINST STOCKPERKS MAY BE COMMENCED ONLY IN THE FEDERAL OR STATE COURTS LOCATED IN COUNTY OF NEW YORK, STATE OF NEW YORK. YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF THOSE COURTS FOR SUCH PURPOSES.
- Force Majeure
Stockperks shall not be liable to you for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond Stockperks’ reasonable control including, but not limited to, fire, flood, war, embargo, strike, pandemic or wide-spread public health crisis, riot, unavailability of the Internet or the intervention of any governmental authority.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
- Entire Agreement; Additional Terms
If you have not entered into another agreement with Stockperks regarding the subject matter contained in the Terms, then the Terms comprise the entire agreement between you and Stockperks and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Stockperks have entered into another written agreement regarding the subject matter set forth in the Terms, then the Terms should be read and interpreted in conjunction with such agreement and, in the event of a conflict between these Terms and the agreement between the parties, the written, signed agreement will govern and control.
See for yourself how Stockperks can boost collaboration and drive engagement across your organization.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.
If you have any questions regarding these Terms or the Service, please contact us at email@example.com.