ValueScopes Ltd. ("ValuesScopes", "we," or "us") provides
its web site, valueScopes.com(the "Site"), to you, an individual user ("you")
for your individual usage, subject to compliance with the terms and conditions
set forth herein.
and Age Limit
(the "TOU"). If you do not agree to the terms and conditions contained in the
TOU and ValueScopes's privacy
policy, please do not access or otherwise use the Site or any information
You affirm that you are over the age of 18, as the Site is
not intended for children under 18. If it comes ValueScopes's attention through
reliable means that a registered user is a child under 18 years of age,
ValueScopes will cancel that user's account.
2. Changes to the TOU
and the Site
We reserve the right at any time to:
- Change the terms and conditions of the
- Change the Site, including eliminating or
discontinuing any content or feature of the Site; or
- Impose fees, charges or other conditions
for use of the Site or parts thereof (with reasonable notice).
ValuesScopes may modify the Site at any time without prior
notice, and you accept those modifications if you continue to use the Site. You
should check the Site frequently to see recent changes.
3. Securities Disclaimer
You understand that no content published on the Site
constitutes a recommendation that any particular security, portfolio of
securities, transaction or investment strategy is suitable for any specific
person. You further understand that none of the bloggers, information providers,
App providers, or their affiliates are advising you personally concerning the
nature, potential, value or suitability of any particular security, portfolio of
securities, transaction, investment strategy or other matter. To the extent that
any of the content published on the Site may be deemed to be investment advice
or recommendations in connection with a particular security, such information 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. Blogs, postings or other content on
the Site which may or may not be deemed by you to be recommendations may have an
effect on their stock prices.
You understand that the Site may contain opinions from time
to time with regard to securities mentioned in other ValueScopes blogs or
products, and that opinions in one blog or product may be different from those
in another blog or product. You understand and agree that, although we require
all employees to disclose every stock in which they, their immediate family, or
any entity under their control, have a personal interest, if such stock is
mentioned in a blog, post, or content which they write, outside bloggers or
other content contributors or their affiliates may write about securities in
which they or their firms have a position, and that they may trade for their own
account, and that they may or may not be subject to a disclosure policy. In
cases where ValueScopes becomes aware that the employee has violated his or
her disclosure obligation, ValueScopes will take appropriate action. In
addition, outside bloggers or content contributors may be subject to certain
restrictions on trading for their own account. However, you understand and agree
that at the time of any transaction that you make, one or more bloggers or
content contributors or their affiliates may have a position in the securities
You understand that performance data is supplied by 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.
From time to time, reference may be made on our Site to prior
articles and opinions we have published. These references may be selective, may
reference only a portion of an article or opinion, and are likely not to be
current. As markets change continuously, previously published information and
data may not be current and should not be relied upon.
All content on the Site is presented only as of the date
published or indicated, and may be superseded by subsequent market events or for
other reasons. In addition, you are responsible for setting the cache settings
on your browser to ensure you are receiving the most recent data.
4. No Investment Recommendations or Professional Advice
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
ValueScopes 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.
5. Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all
copyrights, including without limitation, the text, documents, articles,
products, software, graphics, photos, sounds, videos, interactive features,
services, links, User Submissions (as defined below), third-party Apps, and any
other content on the Site ("Content") and the trademarks, service marks and
logos contained therein are the property of ValueScopes and its third-party
licensors or providers. 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. If you download or print a copy of the Content for personal
use, you must retain all copyright and other proprietary notices contained
therein. You acknowledge that you do not acquire any ownership rights by using
the Site. ValueScopes reserves all rights not expressly granted in and to the
The Site contains links to other Internet websites or links
to Content created by third party which is published on the Site. We neither
control nor endorse such other websites, nor have we reviewed or approved any
content that appears on such other websites or on our Site. You acknowledge and
agree that we shall not be held responsible for the legality, accuracy, or
appropriateness of any Content, advertising, products, services, or information
located on our Site or any other websites, nor for any loss or damages caused or
alleged to have been caused by the use of or reliance on any such content.
Similarly, while we do endeavor to facilitate the provision of quality Apps, we
are not responsible for any loss or damages caused or alleged to have been
caused by their use.
You may link to any content on the Site. If you are
interested in reprinting, republishing or distributing content from ValueScopes, please contact ValueScopes to obtain written consent. ValueScopes™ is
a trademark and/or service mark of ValueScopes or an affiliate. All other
trademarks, service marks, and logos used on our web sites are the trademarks,
service marks, or logos of their respective owners.
This section shall survive any termination of these TOU.
6. User Conduct
You may not use, copy, display, sell, license, de-compile,
republish, upload, post, transmit, distribute or otherwise exploit Content from
the Site to online bulletin boards, message boards, newsgroups, chat rooms, or
in other any manner, without our prior written permission. Modification of the
Content or use of the Content for any purpose other than your own personal,
noncommercial use is a violation of our copyright and other proprietary rights,
and can subject you to legal liability.
In addition, in connection with your use of the Site and its
services (including by sending private messages to other registered users of the
Site via your ValueScopes email account), you agree not to:
- Restrict or inhibit any other visitor
from using the Site, including, without limitation, by means of "hacking" or
defacing any portion of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you
make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate,
sell, reverse engineer, decompile or disassemble any portion of the Site;
- "Frame" or "mirror" any part of the Site
without our prior written authorization;
- Use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
download, retrieve, index, "data mine," or in any way reproduce or circumvent
the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about
visitors to the Site without their express consent;
- Send unsolicited or unauthorized
advertisements, spam, chain letters, etc to other users of the Site;
- Transmit any Content which contains
software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and
regulations in connection with your use of the Site and the content made
In order to access some of the services of the Site, you will
have to create an account. You may never use another user's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify us
immediately of any breach of security or unauthorized use of your account. You
will be liable for any use made of your account or password and the losses of
ValueScopes or others due to such unauthorized use. We will not be liable for
your losses caused by any unauthorized use of your account.
ValueScopes has the right to terminate your access to the
Site, in its sole discretion.
7. Overview of Posting Content; Monitoring Content
The Site permits the submission of Content by users of the
Site, including without limitation comments, articles, links, private messages
sent to a registered user's ValueScopes email account, and including from those who give permission
to ValueScopes to post their Content ("User Submissions") and the hosting,
sharing and publishing of such User Submissions on the Site. ValueScopes 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
or any Content transmitted to or from your ValueScopes email account at any
time and for any reason. Without limiting the foregoing, ValueScopes has the
right to delete any comment that it believes, in its sole discretion, does or
may violate the TOU of the Site by you.
On user-generated blogs and comments,
ValueScopes reserves the right to remove content that violates one of the
following principles, as determined by ValueScopes, 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 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.
- No inappropriate, unethical or misleading
Important note: ValueScopes 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 blogs and comments, 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.
Our blogs and Content are intended to serve as a discussion
center for thoughtful users who make their own investment decisions, with or
without the help of a broker. They are not the place for stock touters,
cheerleaders or hypesters. We strongly encourage all participants to disclose
any positions they have in stocks being discussed.
Without derogating from the above, ValueScopes editors, at
their discretion, may refrain from posting or remove User Submissions that
violate these standards or which are otherwise inappropriate. These standards
are designed to ensure that the dialogue on the Site is credible, responsible,
intelligent and informative. We cannot guarantee that users will tell the truth,
and we will not monitor the veracity of names and positions or the content of
any posts. However, by setting out the above guidelines, we hope to raise the
credibility of the discussion and foster a spirit of open, honest exchanges of
information. In addition, please be advised that even if a user who posts a
comment may, if the user so registers, be publicly identifiable only by the
alias he or she chose during registration, ValueScopes's records will contain
the actual identity of the author of any comment posted to the Site.
If an author has a business relationship with a company named
in an article that he or she has authored, that relationship must be fully and
If you have any comments on our policies, or complaints or
concerns of any kind about any posts, please contact us at firstname.lastname@example.org. We will review all of the information that you
communicate to us, but we may not be able to take action or respond directly to
8. User Submissions; Online Rules of Conduct
When you post any User Submission on the Site or give
ValueScopes permission to post your Content, you agree to:
- Post comments in both tone and content
that contribute in a positive and high quality manner to the substantive
exchange of information and the subject matter of the Site.
- Automatically grant ValueScopes a
royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully
transferable and sublicensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform and
display any User Submission (in whole or in part) and/or to incorporate any of
your User Submission in other works now or in the future and in any media
formats and through any media channels, and You confirm and warrant to
ValueScopes that you own the copyright in each of your User Submissions and have all
the rights, power and authority necessary to grant the above license and rights.
ValueScopes will use commercially reasonable efforts to
attribute material User Submissions to the author.
When you post any User Submission on the Site, you also agree
to abide by the following disclosure rules:
- To disclose the existence at the time of
writing of a long or short position (including stocks, options or other
instruments) in any stock mentioned in a User Submission. The suggested form of
disclosure is to add the following to the bottom of the User Submission: Full
disclosure: Long GOOG at time of writing.
- You may not write about a stock with the
intention to boost or reduce the stock's price and sell (or buy) the stock into
the resulting strength or weakness.
- If you intend at the time or writing to
sell or buy a stock within three days of publication of a User Submission that
discusses that stock, you must disclose this.
- Abide by the following conflict of
interest rule: You will disclose any material relationships with companies whose
stocks you write about in a User Submission or parties that stand to gain in any
way from the viewpoint you are outlining. Examples: You must disclose if you are
employed by a company whose stock you are writing about; perform consulting for
a company you write about; receive paid advertising revenue or any other form of
sponsorship fee from a company you write about. This applies to narrow asset
classes as well. For example, if you are paid to promote a gold dealer, that
must be disclosed in any User Submission about gold.
- If you choose an alias, be responsible
for all statements made and acts or omissions that occur by use of your alias.
- Waive any and all rights against
ValueScopes and hold ValueScopes harmless in connection with any claims relating to
any action taken by ValueScopes as part of its investigation of a suspected
violation or result of its conclusion that a violation of these TOU has
occurred, including but not limited to the removal of User Submission from the
Site or a suspension or termination of your access to the Site.
Maintain and promptly update your registration data to keep
it true, accurate, current and complete.
You agree not to:
- Choose an alias that is threatening,
abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous,
hatefully, racially, ethnically or otherwise or objectionable.
- Post or transmit any Content that you
either know or should know is false, deceptive or misleading, or misrepresent or
deceive others as to the source, accuracy, integrity or completeness of any
comment you post.
- Post or transmit any Content that is
unlawful, harmful or injurious to others, contains software viruses, or other
harmful computer code, files or programs, threatening, abusive, offensive,
harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially,
ethnically or otherwise tortious or objectionable.
- Post or transmit any Content that does or
may invade the privacy or violate or infringe on any rights of others,
including, without limitation, copyrights and other intellectual property
- By use of your alias or in any comment,
impersonate any person or entity, falsely or deceptively state, infer or
otherwise misrepresent your affiliation with or connection to any person or
- Post or transmit any Content which,
either the act of posting or the comment itself, you do not have a right to do
under any law, regulation or order of any court, or as a result of an
employment, contractual, fiduciary or other legal obligation or relationship.
- Post or transmit any advertising,
promotional materials, so called "chain letters," "pyramid" or other schemes or
invitations to participate in these or any other form of solicitation or
- Post or transmit any non-public or
otherwise restricted, confidential or proprietary information without
- Violate any local, state, national or
international law, regulation or order of any court, including but not limited
to regulations of the U.S. Securities and Exchange Commission, any rules of any
securities exchange, including without limitation, the New York Stock Exchange,
the American Stock Exchange or The Nasdaq Stock Market.
While we believe that the Site can and should be a positive
environment for the exchange of information, you understand that the Site is
open for posting to all users. Some individuals may post comments that may be
offensive, indecent, objectionable, false, misleading or simply inappropriate.
10. Responsibility for User Submission
Each individual who submits a User Submission, whether
published on the Site or not, is solely responsible for her or his own acts,
including the content, context or information in the User Submission he or she
submits. This means that each individual, and not ValueScopes, is entirely
responsible for anything and everything she or he posts on the Site. ValueScopes does not, and does not intend
to, pre-screen any comments posted on its Site, and ValueScopes cannot and
does not guarantee the accuracy, integrity or quality of anything that may
appear on its Site.
We reserve the right to access, read, preserve, and disclose
any User Submissions (whether published or not) or any other information as it
reasonably believes is necessary to (a) satisfy any applicable law, regulation,
legal process, subpoena or governmental request, (b) enforce these TOU,
including investigation of potential violations of it, (c) detect, prevent, or
otherwise address fraud, security or technical issues, (d) respond to user
support requests, or (e) protect the rights, property or safety of ValueScopes, its users or the public.
12. 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, ValueScopes, 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.
VALUESCOPES 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 VALUESCOPES OR ITS AFFILIATES, SUPPLIERS,
AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL
CREATE ANY WARRANTY.
13. Limitation of Liability
NEITHER VALUESSCOPES 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
VALUESCOPES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING
IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO VALUESCOPES FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY
YOU, IF ANY, FOR ACCESS TO THE SITE.
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.
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 one of Your User Submissions caused damage to a third party. This
defense and indemnification obligation will survive these TOU and your use of
You understand and agree that ValueScopes 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
16. Copyright Policy
ValueScopes respects the intellectual property of others,
and we ask our users to do the same. ValueScopes may, in appropriate
circumstances and at its discretion, terminate the account or access of users
who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
16.1: an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
16.2: a description of the copyrighted
work that you claim has been infringed, including the URL (web page address) of
the location where the copyrighted work exists or a copy of the copyrighted
16.3: a description of where the material
that you claim is infringing is located on the site, including the URL;
16.4: your address, telephone number, and
16.5: a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
16.6: a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
ValueScopes's Copyright Agent for Notice of claims of
copyright infringement can be reached as follows:
6821 Camino Rio, Irving, Texas
By phone: 2142887185
By email: email@example.com
Please also note that under Section 512(f) any person who
knowingly materially misrepresents that material or activity is infringing may
be subject to liability.
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. We
reserve the right to limit the availability of the Site to any person,
geographic area, or jurisdiction we so desire, at any time and in our sole
discretion, and to limit the quantities of any such service or product that we
The TOU, together with all ValueScopes policies referred to
herein, constitutes the entire agreement between you and ValueScopes relating
to your use of the Site and supersedes and any all prior or contemporaneous
and the relationship between you and ValueScopes are governed by and construed
in accordance with the laws of the State of
New York, without regard to its principles of conflict
of laws. You and ValueScopes agree to submit to the personal and exclusive
jurisdiction of the federal and state courts located within
New York County,
New York, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts. If any provision of the TOU is
found to be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from the TOU and shall not affect the validity and
enforceability of any remaining provisions. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption or section title contained in
the TOU is inserted only as a matter of convenience and in no way defines or
explains any section or provision hereof. We reserve the right to require you to
sign a non-electronic version of the TOU.
Updated: March 31, 2015