Terms of Use
What’s New in the Updated Terms of Use?
We have revised the National Investor Network Terms of Use, which apply to your use of National Investor Network’s digital platforms, including National Investor Network’s website, apps (e.g., mobile apps, tablet apps) and digital services. Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use National Investor Network digital platforms, including, without limitation, when you view or access videos or other content.
- Governing Law; Arbitration & Class Action Waiver: To help streamline the resolution of disputes, claims, and controversies under these Terms of Use, as set forth in more detail below, you now agree that both you and National Investor Network (including National Investor Network’s present and future parents and subsidiaries) will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Services and/or the provision of content, services, and/or technology on or through the Services, and that any such proceedings will be conducted only on an individual basis (and not as a class action), and under California law.
- Text Messaging Campaigns: We have added more detail about the terms that apply to any of our Text Messaging Campaigns.
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15.
Welcome to National Investor Network, which includes the websites, mobile applications (including, without limitation Mobile Software as defined herein), digital content offerings and other digital services (collectively, the “Service” or “Services”) of National Investor Network, Inc. (“National Investor Network,” “we,” or “us”). These Terms of Use (this “Agreement”) explain the terms by which you may use the Services. Please read this Agreement carefully before using the National Investor Network Service. By accessing or using the Services, you agree that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in the LINK TO PRIVACY POLICY, whether or not you are a registered user of the Services. This Agreement applies to all visitors, users, and others who access the Services (“Users”).
- HOW WE UPDATE THESE TERMS OF USE
National Investor Network reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
- USE OF OUR SERVICE
- Eligibility. Because we respect the rights of children and parents, you may use the National Investor Network Service only if you can form a binding contract with National Investor Network, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.
- National Investor Network Accounts. You can browse National Investor Network and enjoy the Service without registering for a National Investor Network account. In order to post any User Content or access certain features of the Service, however, you must register for an account with National Investor Network (which may include connecting to National Investor Network through a third-party service) and select a password and screen name (“National Investor Network User ID”). You may not select or use as a National Investor Network User ID any name that we determine to be offensive, vulgar or obscene. National Investor Network reserves the right to refuse registration of, or cancel a National Investor Network User ID or a User account in its sole discretion. When creating your account, you must provide accurate and complete information. We reserve the right to reclaim National Investor Network User IDs on behalf of businesses or individuals that hold legal claim or trademark on those usernames. You are responsible for maintaining the confidentiality of your National Investor Network password. By connecting to National Investor Network with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our PRIVACY POLICY.
- Your responsibility for your account: You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify National Investor Network immediately of any breach of security or unauthorized use of your account. National Investor Network will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of National Investor Network or others due to such unauthorized use.
- How to control your account. You may control your User profile and how you interact with the Service by changing the settings on your profile page. For more information on how you can control the types of information we collect, please read our Privacy Policy.
- Your interaction with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. National Investor Network will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
- Changes to the Service. Here at National Investor Network, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, National Investor Network may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
- ACCEPTABLE USE OF THE NATIONAL INVESTOR NETWORK SERVICE
We think National Investor Network provides Users with an amazing platform to discover financial content, and discuss and share that content with others. To keep National Investor Network running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the National Investor Network ACCEPTABLE USE POLICY
- SHARING YOUR CONTENT
- Your content. National Investor Network allows you to post content on the Service, including comments, photos, blog posts, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.”
- How National Investor Network and other Users can use your content. Unless you have entered into a separate assignment agreement with National Investor Network, you own all of the User Content that you post or publish (“post”) on the Service. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict National Investor Network’s rights under any separate content assignment agreements and/or license agreements.
- Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. National Investor Network reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. National Investor Network takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. National Investor Network is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that National Investor Network shall not be liable for any damages you allege to incur as a result of such User Content.
- Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- OUR CONTENT
- National Investor Network Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of National Investor Network and its licensors (“National Investor Network Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the National Investor Network Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the National Investor Network Content, including without limitation any materials or content accessible on the Service. “National Investor Network,” and other National Investor Network graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of National Investor Network protected by the laws of the United States and/or other countries or jurisdictions. National Investor Network's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the National Investor Network Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
- Our license to you. Subject to the terms and conditions of this Agreement, National Investor Network provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. National Investor Network may terminate this license at any time for any reason or no reason.
- Feedback you provide. We value input from our Users, and are always interested in learning of ways we can make National Investor Network better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place National Investor Network under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, National Investor Network does not waive any rights to use similar or related Feedback previously known to National Investor Network, or developed by its employees, or obtained from sources other than you.
- NATIONAL INVESTOR NETWORK'S COPYRIGHT POLICY
National Investor Network requires that Users of the Service respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (“DMCA”), National Investor Network will terminate, where warranted as determined in National Investor Network’s sole discretion, Users whom National Investor Network believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Service, please send a “DMCA Notice” described below to National Investor Network’s DMCA Agent. For your DMCA Notice to be valid under the law, you must provide the following information in writing:
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that you claim is infringing, with sufficient detail so that National Investor Network may readily locate it.
- Information sufficient to permit National Investor Network to contact you such as your name, address, telephone number, and e-mail address.
- A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
- The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
The DMCA Notice must be submitted to the following DMCA Agent:
Attn: DMCA Agent
National Investor Network
8236 Remmet Ave. Canoga Park CA, 91304
info@nationalinvestornetwork.com
- PRIVACY
We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and other information as set forth in our PRIVACY POLICY, and to have such information collected, used, transferred to and processed in the United States. National Investor Network cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
- MOBILE SOFTWARE
- Our Mobile Software (mobile apps). We make available mobile applications and other software for mobile devices (“Mobile Software”) to access the Service via a mobile device. To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. National Investor Network does not warrant that the Mobile Software will be compatible with your mobile device. National Investor Network hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one National Investor Network account on one or more mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that National Investor Network may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and National Investor Network or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. National Investor Network reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of our Mobile Software.
- Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and National Investor Network, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to National Investor Network as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to National Investor Network as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, National Investor Network, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and National Investor Network acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
- INDEMNITY
You agree to defend, indemnify and hold harmless National Investor Network, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account or National Investor Network User ID.
- NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NATIONAL INVESTOR NETWORK, ITS PARENT, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
NATIONAL INVESTOR NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NATIONAL INVESTOR NETWORK SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NATIONAL INVESTOR NETWORK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- THIRD-PARTY LINKS, SITES AND SERVICES
The Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by National Investor Network. Because National Investor Network has no control over such sites and resources, you acknowledge and agree that National Investor Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that National Investor Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Use and our PRIVACY POLICY do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONAL INVESTOR NETWORK, ITS PARENT, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100), EVEN IF NATIONAL INVESTOR NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL NATIONAL INVESTOR NETWORK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. National Investor Network makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
- TERMINATION OF YOUR ACCOUNT AND THE SERVICE
National Investor Network may terminate or suspend the Service in whole or in part and/or your National Investor Network account immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.
If you wish to terminate your National Investor Network account, you may discontinue using the Service by sending an email message to info@nationalinvestornetwork.com with the words “Terminate account” in the subject field, or by sending mail to the following postal address:
Customer Support
National Investor Network
8236 Remmet Ave. Canoga Park CA, 91304
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
- Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state or federal court located in Los Angeles, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
- Arbitration.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- We and you agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
- In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service, we or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. You must send any such notice to us by email to info@nationalinvestornetwork.com AND by U.S. Mail to 8236 Remmet Ave. Canoga Park CA, 91304. To the extent that we have your contact information, we will send any such notice to you by U.S. Mail or to your email address. We and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. We and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After thirty (30) days, we or you may resort to the other alternatives described in this Section 15(b). Notwithstanding the foregoing, the notice and thirty (30)-day negotiation period required by this Section 15(b) shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Service.
- Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between us and you arising under this Agreement or in connection with your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Service shall not be subject to arbitration.
- For residents outside the United States, arbitration shall be initiated in Los Angeles, California, United States of America, and we and you agree to submit to the personal jurisdiction of any state or federal court in Los Angeles, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and administered by the AAA. The AAA Rules and fee information are available at “http://www.adr.org,” or by calling the AAA at 1-800-778-7879.
- We shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to Seventy-Five Thousand Dollars ($75,000), unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless we are otherwise specifically required to pay such fees under applicable law. For claims that total more than Seventy-Five Thousand Dollars ($75,000), the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. We and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, we and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. We and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court and have a jury trial. We and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- If your claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
- You may choose to pursue your claim in small claims court where jurisdiction and venue over us and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
- You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: 8236 Remmet Ave. Canoga Park CA, 91304, AND, the following Email address: info@nationalinvestornetwork.com. The notice must be sent within the later of thirty (30) days of your first use of the Services or within thirty (30) days of changes to this section being announced on the Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section 15(b). If you opt-out of these arbitration provisions, we also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Services will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section 15(b) or otherwise.
- If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, we and you agree to waive, to the fullest extent allowed by law, any trial by jury.
- The terms of these arbitration provisions will apply to any claims asserted by you against any present or future parent or subsidiary company of National Investor Network. to the extent that any such claims arise out of your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.
- Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
- We and you agree that we and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under this Agreement in connection with the Service will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this Agreement in connection with the Service.
- If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles, California.
- The terms of this Section 16(c) will apply to any claims asserted by you against any present or future parent or subsidiary company of National Investor Network to the extent that any such claims arise out of your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.
- MISCELLANEOUS TERMS
- No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind National Investor Network in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Notification. National Investor Network may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by National Investor Network in our sole discretion. National Investor Network reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. National Investor Network is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@nationalinvestornetwork.com to your email address book to help ensure you receive email notifications from us.
- Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with National Investor Network in connection with the Service, shall constitute the entire agreement between you and National Investor Network concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
- Assignment. This Agreement is not assignable, transferable or sublicensable by you except with National Investor Network's prior written consent. National Investor Network may transfer, assign or delegate this Agreement and its rights and obligations without consent.
- Contact. Please contact us at info@nationalinvestornetwork.com with any questions regarding this Agreement.
This Agreement was last updated on: May 30th, 2019