Dividend Studio Terms of Use  
 
  Updated: February 27, 2018  
  Dividend Studio LLC (“Dividend Studio”, “we”) provides the Dividend Studio web site (the “Site”) to you, an individual user, subject to compliance with the terms and conditions set forth herein.  
 
  1.0 Acceptance of Terms  
  By accessing and using the Dividend Studio Site, you accept and agree to be bound by our Terms of Use (“TOU”). The TOU may be updated by us from time to time without notice to you, however, they are available for your review from links on the Site. If you do not agree to the TOU and/or Dividend Studio's Privacy Policy, please do not access or otherwise use the Site or any information contained herein.

By creating an account on the Dividend Studio Site, you affirm that you are at least 18 years of age.
 
 
  2.0 Changes to the TOU  
  Dividend Studio reserves the right at any time to change the terms and conditions of the TOU, and reserves the right to change the Dividend Studio Site, which may include the addition or removal of any content or Site feature. Dividend Studio may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site.  
 
  3.0 Registration Obligations  
  You represent that you are of legal age to form a binding contract and are not a person barred from receiving the Dividend Studio services under the laws of the United States or other applicable jurisdiction. You agree to complete only one registered account for your own personal use. If Dividend Studio has reasonable grounds to suspect that you have created multiple accounts, Dividend Studio has the right to suspend or terminate your account and refuse all current or future use of the Site.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dividend Studio of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Dividend Studio cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
 
 
  4.0 Dividend Studio Privacy Policy  
  Registration data and other information that you provide while using the Site are subject to our Privacy Policy. Through your use of the Site you consent to the collection and use of the data you provide as set forth in the Privacy Policy.  
 
  5.0 Security and Investment Disclaimer  
  You understand that no content on the Site constitutes a recommendation that any security, portfolio of securities, or investment strategy is suitable for any specific person. Any of the content published on the Site that may be deemed to be investment advice or recommendations in connection with a particular security, is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.

You understand that stock and dividend data is supplied by third-party sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. Some foreign stock prices or dividend data may require currency conversions to be fully accurate. Dividend Studio does not routinely make currency conversions to be fully up to date with daily conversion rate fluctuations. You understand that you should independently verify any information contained on the Site.

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Dividend Studio or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
 
 
  6.0 Data Delays and Providers  
  Stock data including quotes, dividend history, charts, and calculations (“Data”) are provided by or effected by multiple third-party providers. This Data is generally accepted to be reliable and may be updated on a daily, weekly, or other periodic basis. You acknowledge that this Data may occasionally contain errors and should be verified by yourself prior to using the Data in any way.  
 
  Stock data and news are provided to Dividend Studio for free by IEX. https://iextrading.com/api-exhibit-a  
 
  7.0 Copyrights and Linking Policy  
  The Site and the content contained herein are the property of Dividend Studio. You may access and use the content, and download and/or print out copies of any content from the Site, solely for your personal non-commercial use. Dividend Studio reserves all rights not expressly granted in and to the Site.

Information contained in the proprietary “Popular to Own”, “Popular to Want”, and/or “User Interest” lists shall not be disclosed outside of Dividend Studio to other third parties without the express consent of Dividend Studio. You may request consent by using the Feedback functionality on the Site.

You may link to your special external portfolio view from outside of Dividend Studio by following the instructions and link on your Profile page.
 
 
  8.0 Member Conduct  
  In connection with your use of the Site and its services, you agree not to:
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

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

  • Harvest or collect information about users to the Site without their express consent;

  • Use the site to distribute advertisements, spam, chain letters, etc to other users of the site;

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

  • “Stalk” or otherwise harass another user.

In order to use the services of the Site, you will have to create an account. By creating this account, you agree to the following:
  • You may only create a single account;

  • You may never share your account username and password or knowingly provide or authorize access to your account to another individual;

  • You may never use another user's account without permission;

  • You must notifiy Dividend Studio immediately of any breach of security or unauthorized use of your account.

 
 
  9.0 Content Posted by You  
  Dividend Studio permits Users with paid accounts to submit comments about stocks in a forum dedicated to each stock. Users are also allowed to provide a limited amount of text in their Profile “Bio” and their Profile settings. All user provided text and data is referred to as their “Content”. Dividend Studio has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site at any time and for any reason. Without limiting the foregoing, Dividend Studio has the right to delete any comment or Content that it believes, in its sole discretion, does or may violate the TOU of the Site by you.

Dividend Studio reserves the right to remove comments or Content that violates one of the following principles, as determined by Dividend Studio, at our discretion:
  • No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.

  • No pornography or pedophilia.

  • No direct or veiled threats against any person or group of people.

  • No copyright infringement.

  • No plagiarism. This includes posting content verbatim from other sources without proper attribution and/or repurposing content from other sources and presenting it without reference to the content's creator.

  • No publishing of other people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers.

  • No impersonation of others in a manner that is intended to or does mislead or confuse others.

  • No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.

  • No spamming, link-spamming or transmitting malware and viruses.

  • No personal attacks.

  • No profanity or vulgarity.

  • No business solicitations or advertising.

Dividend Studio encourages civil, thought-provoking debate and idea-sharing among investors and stock-market followers. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others' ideas. At our discretion, we may delete comments or Content, and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.

Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we cannot review moderation decisions with users and cannot reverse decisions.
 
 
  10.0 Your Contributions and Suggestions  
  Dividend Studio maintains a Feedback feature where Users are encouraged to give Feedback, bug reports, and suggestions to the Dividend Studio team. By submitting any form of Contribution using the Feedback feature, you acknowledge that your Contribution automatically becomes the property of Dividend Studio without any obligation of Dividend Studio to you, and you are not entitled to any compensation or reimbursement of any kind from Dividend Studio under any circumstances.  
 
  11.0 Termination  
  You may terminate your Dividend Studio account at any time by submitting such termination request to Dividend Studio using the Feedback functionality. You understand and agree that Dividend Studio may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property. If we cancel a paid account due to a breach of these Terms of Use you will not be eligible for any refund.  
 
  12.0 Interstate/International Communications  
  You acknowledge that in using Dividend Studio to post Content and create Portfolio and Want Lists, you will be causing electronic communications to be sent through the Internet and Dividend Studio's network and servers. This can result in the transmission of interstate/international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOU, you acknowledge that use of the service can result in interstate and/or international data transmissions.

The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
 
 
  13.0 Indemnity  
  As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, or (d) any claim that Content you submit, post, transmit, modify, or otherwise make available through Dividend Studio caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.  
 
  14.0 Disclaimer of Warranties  
  THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIVIDEND STUDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

DIVIDEND STUDIO AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF DIVIDEND STUDIO OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
 
 
  15.0 Limitation of Liability  
  NEITHER DIVIDEND STUDIO NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH DIVIDEND STUDIO. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO DIVIDEND STUDIO FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
 
 
  16.0 General Information  
  Entire Agreement:
The TOS constitutes the entire agreement between you and Dividend Studio and governs your use of the Dividend Studio Site, superseding any prior version of this TOS between you and Dividend Studio with respect to the Dividend Studio Site.

Choice of Law and Forum:
You and Dividend Studio each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Dividend Studio, shall be brought exclusively in the courts located in the county of Ada, Idaho or the U.S. District Court for the State of Idaho. You and Dividend Studio agree to submit to the personal jurisdiction of the courts located within the county of Ada, Idaho or the State of Idaho, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms:
The failure of Dividend Studio to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability:
You agree that your Dividend Studio account is non-transferable and any rights to your Dividend Studio ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Dividend Studio Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.