Welcome to the SmallCap Network. We hope you'll enjoy being a part of our rapidly growing online investment community dedicated to the vast world of small stocks -- such as our newsletters, discussion boards, financial content publishing platform and more (Collectively, the "Services"). By using the Services, you're agreeing to be bound by these Terms and Conditions. If you don't wish to be bound by these terms and conditions, you shouldn't register with The SmallCap Network ("The SmallCap Network", "SCN", "we" or "us") or use the Services we provide. We may change these terms at any time, but we will post a notice in advance on this website of any material changes. Your continued use of The SmallCap Network and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.
Some Services, like our simulated stock picking and portfolio management tools, are works in progress. We reserve the right to change or even eliminate them with no notice, at our sole discretion.
Members may only maintain one active registration with The SmallCap Network. In other words, it's one registration per person. By accepting this agreement, you certify that you personally have no other registration with us.
As a registered user, you can update your account settings, including your email address, by going to your account management settings. There, you can also change your password or profile names at any time. Also, if you forget either your password or user name, you can have it retrieved via email simply by going to the "forgot password" link.
- Stock Picks
The SmallCap Network's Services include the ability for you to make predictions about stocks, see others' predictions, aggregate community opinions, track their performance and simulate returns.
You should not assume that the opinions that people express on the SCN Community Platform are the opinions of The SmallCap Network or anything other than the opinions of the individuals expressing them.
When you look at other people's predictions and opinions, you should remember that those people may have interests in the stocks that they're making predictions about. When you review people's predictions or opinions, you should not assume that the person making a prediction is unbiased or independent. One of the beauties of our platform and system, though, is that you can see the performance of people's predictions over time and, we hope, distinguish sound analysis from self-serving nonsense.
Employees of The SmallCap Network may have interests in the stocks about which they make predictions and opinions. Employees will display their positions in their online investment spaces, notes, disclosure areas or any other appropriate disclosure locations.
- Intellectual Property
All of the Content on our websites and any Services we provide are protected by U.S. and international copyright laws and are the property of The SmallCap Network and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on The SmallCap Network. This includes message boards, blogs, research reports, stock picks, portfolios, chats, software, our writings, graphics, stock selection entries and ratings, and any and all other features.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright by The SmallCap Network. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without our prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication. You can make or end your own picks at any time, but those picks, their ratings, performance history, and data aggregated by SCN remain the property of The SmallCap Network. You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or scrape SCN Content, picks or any other services provided by SCN, for use on another website or service. Aside from opening yourself up to liability, distributing content to other sites and forums is unfair to our Members who have put in tremendous work and research to provide their predictions and opinions. So please don't do it.
Please note that notwithstanding the foregoing, when you post content (such as a message board posts, research reports, article or stock predictions and opinions), you are not somehow surrendering your copyright in your expression. By posting content, you agree that The SmallCap Network has an unlimited and perpetual license to republish anything you post on our websites, but aside from that, you retain the right to use your words however you want. If you don't want us to republish your words, then please don't post them on our websites. We'll only republish your post in context, and we'll credit you (under your user name) as the author. We won't republish your posts in advertising without your permission.
You agree not to display any of The SmallCap Network's trademarks or use them in any manner without our express written permission.
The SmallCap Network champions active and open debate among our Members. All we ask is that it's done in a lawful and civil manner -- be it posting on our boards, commenting on blogs or articles, replying to predictions or opinions provided by other Members, or using our system to contact a fellow Member in any way. Accordingly, you agree to use The SmallCap Network for lawful purposes only. You may not use or allow others to use your Membership to:
- Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
- Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Post, transmit, or link to sexually explicit material;
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
- Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
- Offer, sell, or buy any security;
- Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
- Take any action that damages or disrupts the functioning of our systems or Services.
Unauthorized access to our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in accessing our sites.
The SmallCap Network may at any time, without prior notice and at our sole discretion, remove any post or content, terminate any Membership, remove any individual predictions or picks, delete any Members, or take any action for violating the above provisions or otherwise taking an action disruptive to a Service.
You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify Member Support of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.
If you see something that you feel is a violation of SCN rules, please notify us by email.
- Disclaimer of Warranties and Liabilities
The SmallCap Network provides a broad range of information, commentary, and entertainment. We can't and we don't warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. The SmallCap Network makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis.
You agree that under no circumstances will The SmallCap Network, its employees, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, 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 by stuff beyond our control in creating or delivering any of our Services.
By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The SmallCap Network, 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 through our Services. SCN relies on various sources of information that we believe to be accurate and reliable. We can't and won't take responsibility for Member postings or content, 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 Services on our Community Platform. All information and content provided on or by The SmallCap Network is to be used on an "as is" basis.
Additionally, we're not investment advisors and we cannot provide personalized advice. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. If you want personal advice, then you should seek a registered investment advisor.
Disclaimers of Liability:
NEITHER THE SMALLCAP NETWORK 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 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 SERIVCES 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 LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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 (another reason to please keep your account settings current). 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 us at:
4364 Bonita Rd. #451
Bonita, CA 91902
If any provision in this Agreement 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 Commonwealth of California (except with respect to choice of law).You agree that the proper forum for any claim arising under this Agreement will be the U.S. Court for the Southern District of California or the appropriate California court.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The SmallCap Network and govern your use of our sites.