Terms & Disclaimer
This website is designed to help readers obtain financial information and discuss ways to make investment and personal financial decisions. This information is sometimes provided by us and sometimes by other contributors, many of whom use anonymous screen names and are people we've never met.
We recognize that people sometimes post messages in our folders or make statements in our chat rooms that are misleading, deceptive, or downright wrong. They may do this unintentionally or, sad to say, intentionally. The U.S. Securities and Exchange Commission recognizes this and has published information on various Cyberfraud that they have seen. FINRA has provided its own insights into how to invest carefully in this new, electronic world and NASAA also provides tips on how not to fall prey to online investment schemes. The SEC, FINRA, and the NASAA maintain outstanding websites at http://www.sec.gov, and http://www.finra.org, and http://www.nasaa.org respectively.
The fundamental concept is that you should NOT rely upon the information or opinions you read. Rather, you should use what you read here as starting points for doing independent research on companies and investing techniques. Then judge for yourself the merits of the material that has been shared in our forum.
We do not guarantee the veracity, reliability or completeness of any information provided in our websites and forums or in any hyperlink appearing on our site. We're here to help you to learn how to make investment and personal finance decisions for yourself, and to have fun.
You are responsible for your own investment decisions. We will not be responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. We will not be liable for any loss or damage caused by a reader's reliance on information obtained in our area, or in a hyperlinked area. If you don't accept this responsibility for yourself, then you should not use any of our websites, forums, etc.
If you ignore our advice to do independent research of industries, companies, and stocks, choosing instead to trade solely on information, "tips," or opinions found in our forum, you have made a conscious, willing, free, and personal decision to do so. And remember when you access one of these hyperlinked web sites, you're leaving our area so be wary of those who post hyperlinks to other web sites.
Data & Analysis
In the material and data that we make available in our forum, we rely on a wide variety of sources, such as S&P Comstock. We believe these sources of data to be accurate and reliable, but sometimes they may not be. We make no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor are we liable for any errors or delays in the content or transmission of the data on our site.
Terms of Service Violations
If you have been harassed in any manner it is your obligation to notify us of the offending post(s). Please contact info@won.com for that purpose.
No Personalized Advice
We not in the business of rendering personalized investment advice. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular investment is suitable for you. If you want personal advice, then you should seek a registered investment advisor.
Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.
You Bear Responsibility for Your Financial & Investment Decisions
By your use of our websites and forums, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that our company, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published on our websites and forums.
Disclaimer of Warranties & Liabilities
We do not warrant the completeness or accuracy of the content found in our websites and forums, or its usefulness for any particular purpose. We make no promises that our content will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, education, and entertainment.
You agree that under no circumstances will our company, its employees, or its agents be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on our Websites, or arising from or related to these Terms or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or any information or materials beyond our control in creating or delivering any of our content.
We rely on various sources of information that we believe to be accurate and reliable. We can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our websites and forums. Remember: All information and content provided on or by us is to be used on an "as is, with all faults, we're not perfect" basis.
Obligatory Capitalized Disclaimers of Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER US NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Communication
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by writing to General Counsel, 1490 West 121st Avenue, Westminster, CO 80234.
Dispute Resolution by Binding Arbitration & Class Action Waiver
If a dispute arises in connection with your use of our websites or forums or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email info@won.com with your concern and we will contact you via the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Exceptions
Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of Colorado: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.
Opting Out
You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at General Counsel, 1490 West 121st Avenue, Westminster, CO 80234. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
Your Agreement to These Terms
You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.
Other Terms & Conditions
If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of Colorado (except with respect to choice of law). You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the District of Colorado or the appropriate Colorado court.
Our websites and forums are directed at a U.S. audience. We cannot warrant that they are appropriate for users outside the United States or that use of the websites and forums is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.
Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and us and govern your use of our sites.
Last Updated: January 12, 2021