TradeChat

Terms and Conditions

This web notice represents a legal document and is the Terms and Conditions (Agreement) for our chat product Tradechat.me, our web services (mrtopstep.com,redliontrader.com,closingimbalance.com) and other partners sites. By using our Websites and Webapps, you agree to fully comply with and be bound by the following Agreement each time you use our Products. Please review the following terms carefully.

Our Services

Our product offers traders access to Alerts, Training, Discussions, Chat Rooms, Audio presentations, and Visual charts (Services).

Definitions

The terms “Us” or “We” or “Our” refers to FortunesRocks.me LLC,the owner of this product, MrTopStep LLC and our partners and independent traders. A “Visitor” is someone that merely browses our Product. A “Member” is someone who has registered with our Product to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Product or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and Us.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR Product CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR Product IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and US, and supersedes all other Agreements, representations, warranties and understandings with respect to our Product, Services, and the subject matter contained herein. However, in order for you to use our Product and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Product, and you should review this Agreement prior to using our Product. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Product. If you have already accessed our Product and do not accept this Agreement, you should immediately discontinue use of our Product and Services.

Limited License

We grant you a non-exclusive, non-transferable, revocable license to access and use our Product and Services strictly in accordance with this Agreement. Your use of our Product and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Product or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Product, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Us.

Our Intellectual Property

Our Product may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Product or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of FortunesRocks.me LLC.

Our Content, as found within our Product and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Product and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our Product will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Product;
Your address, telephone number, and email address;
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
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 behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Services, you must register with our Product to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.

Any registration by, use of or access to our Product by anyone under such, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Product and/or Service, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement. FortunesRocks.me LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will receive an email that describe how to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Product cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Disclaimers

Social Media Disclaimer

We maintains it social media sites (including Twitter, Stocktwits, and YouTube pages) as a service for promotional purposes only. You hereby agree that you shall not make any financial, investment, legal and/or other decisions based in whole or in part on anything contained in our social media outlets. By accessing or using any of FortunesRocks.me LLC’s social media sites (including by following, reading, viewing, sharing or otherwise using any associated posts or content), you agree that you have read, understand and agree to be bound by the Our Terms of Use and the guidelines set out below, as amended from time to time. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ANY OF Our SOCIAL MEDIA SITES. FortunesRocks.me LLC may change these terms and conditions from time to time by posting the changes on our Product. You should review these terms and conditions each time you use any of Our social media sites.

Financial, Legal and Other Advice Disclaimers

You hereby acknowledge that nothing contained in our Product, services, or social media sites shall constitute financial, investment, legal and/or other professional advice. We are not registered investment or trading advisers and are not registered as a securities broker-dealer either with either the U.S. Securities and Exchange Commission, or with any state or province securities regulatory authority. No professional relationship of any kind is created between you and Us or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decisions based in whole or in part on anything contained in our Product or provided services before speaking with a licensed financial professional.

You understand, acknowledge and agree that Us, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the three preceding paragraphs. Accordingly, you hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your purchase or sale of a security at a price that may have been affected by the business or activities of Us or its directors, officers, shareholders, employees, agents or affiliates.

In accordance with 17 CFR Part 4.41 and Federal Trade Commission Guidelines concerning advertising by commodity pool operators, commodity trading advisors, and the principals thereof you agree to and understand following:

You understand, acknowledge and agree that moderator results may be based on simulated or hypothetical performance that have certain inherent limitations. Also, because these trades may not have actually been executed, such results do not represent actual trading. Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that you may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; the investments chosen may be volatile, and server, delivery delays and other factors may cause the price that you obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time you begin subscribing may be higher than such prices at the time such investments were chosen; You may not have the capital to trade as frequently as the moderator; and the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons. You understand, acknowledge and agree that the site contains simulated or hypothetical trading programs and performance results. No representation is being made that any account will or is likely to achieve profits or losses similar to the ones being shown. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight.
You also understand, acknowledge and agree that trades may be called out, posted or alerted for informational or teaching purposes but may not necessarily be executed. You understand, acknowledge and agree that securities may be purchased or sold by the moderator sooner than called out, posted or alerted. A moderators positions may be inconsistent with trades because they are not required to disclose all trades. Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity.
Trading in any security can result in immediate and substantial losses of the money invested. You should only invest money that you do not have allocated for other purposes, such as mortgages, car loans, student loans, retirement savings, education, or debt reduction. Do NOT trade with money you cannot afford to lose.

Without limiting the generality of the foregoing, you understand, acknowledge and agree that chat room and discussion forum moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only. Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not relay on such opinions and ideas which may not be complete or accurate. Each of Our services, products and site are available for informational and educational purposes only. None of the information contained in the site (which includes, without limitation, our alerts service, discussion forum, and chat room) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.

The information, services and products are sold or given to the user with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business or financial advice to the purchaser or to the general public. The views and opinions expressed are those of the authors and moderators and do not necessarily reflect the official policy or position of Us. Any content provided by our moderators or authors are of their own opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

Although we make strong efforts to make sure our information is accurate, We cannot guarantee that all the information on this Product and or discussion forum, chatroom, and email alerts is always correct, complete, or up-to-date.

By purchasing any of our products or services, you agree to and knowingly assume any and all risk associated with using our products or services.

In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, you agree to and understand the following:

Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the site, and Our products and services. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.

Endorsements, testimonials or descriptions of past performance appearing on our Websites and Products were received by way of text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on the Site or in its material by way of video or written text that have been submitted to Us involved payment or compensation therefor.

We may utilize testimonials or express examples of past performance, but such items are in no way a guarantee of future results or performance. We LLC make no warranty or guarantee that these results will be obtained by you as they are not typical. You should expect that your results may differ substantially due to a number of factors including but not limited to: commissions that you may incur are not included in performance results; liquidity and other market factors that may affect your results are not accounted for in performance results; the price you obtain may differ from the price at the time of an alert due volatility in the chosen investment or server/ delivery delays; the price of a stock may be affected by the size and timing of your purchase or sale the stock.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON Our Product AND OR DISCUSSION FORUM, CHAT ROOM, SOCIAL MEDIA OUTLETS IS PROVIDED “AS IS” AND WITH ALL FAULTS AND We MAKE NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND We SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH THE USER.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL We OR Our SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY FINANCIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER’S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF FortunesRocks.me LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANY DAMAGES THE USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF FortunesRocks.me LLC AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

We do not endorse or control, any data, content or information posted in the discussion forum, alert service, or chat room on their Product. You understand, acknowledge and agree that your participation in these services is at your own risk, and We expressly disclaims responsibility for any such data, content or information. We have the right (but not the obligation) to review and take down any data, content or information.

If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. We have the right to modify these terms and conditions at any time.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Product will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Product will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Product or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Product or Services.

Advertisers and Sponsors Disclaimer

Our Product may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Product is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY FortunesRocks.me LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT ProductS OR ANY OTHER Product LINKED TO OUR Product.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Products. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

FortunesRocks.me LLC is not responsible or liable in any manner for any content posted on our Product or in connection with our Services, whether posted or caused by Members of our Product, or by FortunesRocks.me LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Product or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Product or Services. FortunesRocks.me LLC is not responsible for the conduct, whether online or offline, of any user of our Product or Services.

Our Product or Services may be temporarily unavailable from time to time for maintenance or other reasons. FortunesRocks.me LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.

FortunesRocks.me LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Product or Services, including without limitation any software provide through our Product or Services.

Under no circumstances will FortunesRocks.me LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Product or Services, or any interactions between Users of our Product or Services, whether online or offline.

FortunesRocks.me LLC reserves the right to change any and all Content, software and other items used or contained in our Product or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Product, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR Product ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR Product AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FortunesRocks.me LLC INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR Product OR SERVICES. FortunesRocks.me LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR Product OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. FortunesRocks.me LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR Product OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FortunesRocks.me LLC OUR Product AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR Product OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

FortunesRocks.me LLC, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Product or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Product or Services, (d) your use of our Product our Content, (e) the content contained on our Product or Services, or (f) any delay or failure in performance of our Product and Services beyond our control.

IN NO EVENT WILL FortunesRocks.me LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR Product, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR Product OR SERVICES, EVEN IF FortunesRocks.me LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FortunesRocks.me LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR Product AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their own content to our Product through our Services (Member Content). Members and Visitors understand that by using our Product or Services, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. We are not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, We will submit all necessary information to the proper authorities.

If any Member Content is reported to Us as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content or We may delete or modify the content ourselves. We reserve the right to block users, extend penalty periods or terminate membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

upload, post or otherwise transmit any Member Content that:

Violates any local, state, federal, or international laws.
Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
Links directly or indirectly to any materials to which you do not have a right to link.
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Product or Services.
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).

In the sole judgment of Us, is objectionable or which restricts or inhibits any other person from using or enjoying our Product or Services, or which may expose Us, our affiliates, or our Users to any harm or liability of any type.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Product and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Linking to Our Product

You may provide links to our Product, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Product, (b) your Product does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Product immediately upon request by us.

Links to Other Products

Our Product may, from time to time, contain links to third party Products. These links are provided solely as a convenience to you. By linking to these Products, we do not create or have an affiliation with, or sponsor such third party Products. Inclusion of links for any Product on our Product does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party Products FortunesRocks.me LLC has no control over the legal documents and privacy practices of third party Products; as such, you access any such third party Products at your own risk.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Refund and Return Policy

FortunesRocks.me LLC will not offer any partial or full refund for any service purchased through our Product. To the extent that you purchase any goods directly from us, we may refund you your purchase price within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request, subject to the return of the product to us in substantially the same condition as when purchased. Any refund or return on a product may be subject to restocking fees as found on our Product

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Product or Services.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Product operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Portland, Maine and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Portland, Maine necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Portland, Maine and shall be governed by and construed in accordance with the laws of the State of Maine without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Product or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.