Terms of Use | Legal Insider Trading | Stocks AI

Terms of Service

Date Effective: January 1, 2016

General

This website (the "Site") is owned and operated by ALY PTE. LTD. d/b/a Spiking ("COMPANY" "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, nonexclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a "work made for hire" when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO FINANCIAL CONTENT ON THE SITE:

THE SITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED THEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. WITH REGARD TO FINANCIAL CONTENT CONTAINED THEREIN: NEITHER COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISORS, OR AN INVESTMENT ADVISORY SERVICE, AND NOTHING CONTAINED IN THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE, OR LEGAL, COMPLIANCE, FINANCIAL, TAX, ACCOUNTING OR RELATED ADVICE.

THE INFORMATION CONTAINED ON THE SITE IS BASED ON SOURCES AND INFORMATION REASONABLY BELIEVED TO BE ACCURATE AS OF THE TIME IT WAS RECORDED OR CREATED. HOWEVER, THIS MATERIAL DEALS WITH TOPICS THAT ARE CONSTANTLY CHANGING AND ARE SUBJECT TO ONGOING CHANGES RELATED TO TECHNOLOGY AND THE MARKET PLACE AS WELL AS LEGAL AND RELATED COMPLIANCE ISSUES. THEREFORE, THE COMPLETENESS AND CURRENT ACCURACY OF THE IN THE SITE CANNOT BE GUARANTEED.

THE EDUCATION AND INFORMATION PRESENTED ON THE SITE IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU, AS AN END USER OF THIS INFORMATION MAY THEREFORE USE THIS CONTENT AS A GENERAL GUIDELINE AND NOT AS THE ULTIMATE SOURCE OF CURRENT INFORMATION AND WHEN APPROPRIATE, YOU UNDERSTAND THAT YOU SHOULD CONSULT MY OWN LEGAL, ACCOUNTING OR OTHER ADVISORS.

ANY CASE STUDIES, EXAMPLES, ILLUSTRATIONS, OR TESTIMONIALS CANNOT GUARANTEE THAT YOU WILL ACHIEVE SIMILAR RESULTS. IN FACT, YOUR RESULTS MAY VARY SIGNIFICANTLY AND FACTORS SUCH AS MY MARKET, PERSONAL EFFORT AND MANY OTHER CIRCUMSTANCES MAY AND WILL CAUSE RESULTS TO VARY.

YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED IN THE SITE. YOU WILL SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THE SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.

MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. COMPANY HAS NO WAY OF KNOWING HOW WELL YOU WILL DO, AS THEY DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE, COMPANY DOES NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR THAT YOU WILL MAKE ANY MONEY AT ALL. IF YOU RELY UPON FIGURES PROVIDED IN THE SITE; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be controller@a.ly

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore and any dispute shall be subject to binding arbitration in the Republic of Singapore. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Lifetime Membership

1. Definition and Scope

Spiking offers a Lifetime Membership option, which provides eligible users with perpetual access to designated features, content, and services of the Site (collectively, the “Membership Benefits”), as outlined at the time of purchase or as updated in accordance with these Terms. The Lifetime Membership is a one-time, non-recurring payment plan, granting access for the lifetime of the user, subject to the conditions set forth herein.

2. Eligibility and Purchase

To purchase a Lifetime Membership, you must be at least 18 years of age and complete the payment process as specified on the Site. The one-time fee for the Lifetime Membership is non-refundable, except as expressly stated in our Refund Policy [insert link if applicable]. Spiking reserves the right to refuse or discontinue offering the Lifetime Membership to any user at its sole discretion prior to purchase.

3. Membership Benefits

The specific benefits of the Lifetime Membership will be detailed at the point of sale and may include, but are not limited to, premium content, exclusive features, or priority access to services. Spiking may modify, enhance, or discontinue certain Membership Benefits at its discretion, provided such changes do not materially diminish the core value of the Lifetime Membership. Any updates to Membership Benefits will be communicated via the Site or directly to Lifetime Members.

4. Duration and Termination

The Lifetime Membership remains active for the natural life of the purchasing user, unless terminated earlier under these Terms. This membership is personal to the user and non-transferable. Spiking may terminate or suspend a Lifetime Membership if: (a) the user violates these Terms of Use; (b) the user engages in fraudulent, illegal, or abusive activity related to the Site; or (c) Spiking ceases operations or discontinues the Site entirely, in which case no refunds or compensation will be provided unless required by applicable law.

5. No Guarantee of Site Availability

While the Lifetime Membership grants perpetual access rights, Spiking does not guarantee the continuous, uninterrupted operation of the Site. Access may be affected by maintenance, technical issues, or other factors beyond our control, as noted in the “Disclaimer of Warranties” section of these Terms.

6. Modifications to Terms

Spiking reserves the right to amend the terms of the Lifetime Membership as part of updates to these Terms of Use. Such changes will be posted on the Site, and continued use of the Membership Benefits constitutes acceptance of the revised terms. Material changes specific to the Lifetime Membership will be notified to Lifetime Members via email or Site announcement where feasible.

7. Limitation of Liability

To the fullest extent permitted by law, Spiking’s liability related to the Lifetime Membership is limited as outlined in the “Limitation of Liability” section of these Terms. The one-time fee paid for the Lifetime Membership represents the full extent of your financial commitment, and no additional costs will be imposed for continued access, barring optional add-ons explicitly offered and accepted.

Privacy Policy

Effective Date: January 1, 2016

The following Privacy Policy governs the online information collection practices of ALY PTE. LTD. d/b/a Spiking ("we" or "us"). Specifically, it outlines the types of information that we gather about you while you are using the www.spiking.com website (the "Site"), and the ways in which we use this information. This Privacy Policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).

Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we'll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

How We Collect and Use Information

We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.

We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a "cookie" to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for recordkeeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as "transparent GIFs") to access cookies and to count users who visit the Site or open HTML-formatted email messages.

We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to thirdparties.

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example on message boards, web logs, through email, or in chat areas - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements' effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party's privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party's use of cookies or web beacons or use of your information, you should visit that party's website and review its privacy policy.

The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

We may also make some content, products and services available through our Site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

Google Analytics

We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:

Remarketing with Google Analytics
Google Display Network Impression Reporting
DoubleClick Platform integrations
Google Analytics Demographics and Interest Reporting

By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The "Remarketing" feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.

You can opt out of Google's use of cookies by visiting Google's ad settings and/or you may opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.

Facebook

As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.

We abide by Facebook's Data Use Restrictions.

Any ad data collected, received or derived from our Facebook ad ("Facebook advertising data") is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers' campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

General Data Privacy Regulation (GDPR)

The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.

As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.

If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the "right to be forgotten."

To make any of these requests, please contact our GDPR contact at controller@a.ly

California Consumer Privacy Act (CCPA)

The CCPA took effect on January 1, 2020, and is intended to protect the personal information of California residents.

The CCPA has certain threshold requirements which a company must meet in order to be required to comply with its provisions. Upon information and belief, our company does not meet those thresholds. In the event of a change in our status, and if the data that you provide in the course of your use of our site, content, products and/or services is governed by CCPA, we will abide by the relevant portions of the Act.

If you are a resident of the state of California, you may have the right to: request disclosure of the personal information we have collected about you and the types of third parties with whom it has been shared; request a portable copy of your information; opt out from marketing messages or the sale of your information to third parties; and request deletion of your personal information.

To make these requests, please contact our CCPA contact at controller@a.ly or by calling our Toll Free Telephone Number +18185756669.

Children's Privacy Statement

This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.

This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently receivedpersonally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site's online activities on providing personally identifiable information.

How do we store your information?

Your information is stored at the list server that delivers the Site content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive the Site material.

All of the messaging or emails that are sent to you by the Site include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communicaiton that we send you.

Disclaimer

This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.

If you have any questions or concerns regarding our privacy policy please direct them to:

controller@a.ly

Testimonials & Results Disclosure [+]

Don't Sell My Personal Information [+]

Affiliate Disclosure [+]

Our affiliates agree to all of the Aly Pte. Ltd. ("Spiking") terms and conditions as found in the footer of www.Spiking.com under Legal, Privacy Policy, Terms of Use, Earnings Disclaimer, Financial Disclaimer, Affiliate Disclosure, EULA, Refund Policy, Don't Sell My Personal Information, and Testimonials & Results Disclosure.

Please read carefully before joining any of our Aly Pte. Ltd. ("Spiking") affiliate programs.

You agree that you are NOT permitted to perform any of the following actions or methods if approved for the affiliate program. By performing any of the following methods or actions, you will be terminated from the program and agree that any commissions will be forfeited without recourse and in some cases we may seek legal action to reclaim any damages deemed relevant to the situation:

1. You are NOT permitted to conduct e-mail promotions in a 3rd party system - All e-mail contacts MUST be your OWN opt in e-mail list. You cannot buy solo ads, use safe lists, use spam techniques or anything similar.

2. You must NOT run "negative" PPC, iframe, advertising or SEO campaigns such as "Product name / author name scam" or any other method to attract controversial clickthrough rates that an ordinary person would deem to portray a negative view of the product and/or Spiking's business or integration partners. This creates a bad image for our company, the individuals featured in the products, and/or Spiking's business or integration partners, and you will be terminated from the program instantly.

3. You are NOT permitted to use "negative" marketing concerning Spiking, nor any of Spiking's business or integration partners.

4. You should avoid using the raw affiliate link if you can. All affiliates are encouraged to utilise redirect links in e-mails and website campaigns and not the direct affiliate link you will receive. This increases conversions for both of us. (But ultimately the choice is up to you)

5. You cannot earn commission on your own purchase. Any 'self' purchase commission may be nullified or held back.

6. Any JV Prizes are awarded based on qualified leads and are subject to fraud reviews. Qualified leads are unique customers who fill out the opt in form themselves with valid information. We will expressly deny or modify prizes based on lead quality. Activities of Fraud will lead to further actions and immediately removal from any prize competitions or eligibility.

7. You are not permitted to use any domain names containing the words Spiking or the use of domains containing the words Clemen Chiang or any variation on this which infringes on our brand unless specially agreed with us in advance.

8. You are not permitted to provide rebate offers of any kind.

9. Cookie Stuffing or any other similar method of cookie manipulation will result in an immediate ban from our affiliate program and could result in us pursuing legal action to reclaim falsely claimed affiliate commissions and or damages.

Things you CAN do (subject to change without notice - please check back here regularly)

1. PPC campaigners may bid on any keywords including the product names and author names as long as you agree that these trademarks and product names are the property of Aly Pte. Ltd. ("Spiking") and you are only using them under agreement. This agreement maybe revoked at any time. Make sure all campaigns abide by point number 2 above.

2. iFrames, review sites and cloaked domains are permitted as long as they do not contain offensive or negative domain URLs.

3. NOTE to UK EU and US affiliates. Some Affiliate Commissions are VAT Inclusive and you may be required to provide a Tax Invoice and further information prior to receiving payments, in some cases. Some affiliate commission payments require you to fill out additional forms. If provided, you will need to provide these forms to us.

4. Affiliate payments to qualifying affiliates (see above) are made manually through via Stripe or bank transfer. You must have an active Stripe account to receive commissions and always abide by their rules.

5. We run a legitimate business, which means that we always correctly illustrate and represent our product/s and their features and benefits to the customer. Please make sure you do the same. Anyone found using misleading claims, inaccurate information or false testimonials (or anything that does not comply with FTC guidelines) will have their affiliate account revoked immediately.

By clicking the "I accept" button, our affiliates signify that they have read, understood and agree to these terms in full.

Refund Policy [+]

Cancellation Policy

If you are not completely satisfied with your Insider Stocks Trading Masterclass, you may be eligible to request a refund* (refund admin fee 5% will be charged). There are a few important things to keep in mind when doing so.

Spiking Insider Stocks Trading Masterclass can Transform Your Life like it has for thousands of participants. If after having participated in the first (1st) day of the Spiking Insider Stocks Trading Masterclass, you feel you haven’t learned enough to create a more fulfilling and inspiring life, simply email Spiking Angels with your reasons and we will send you 100% money back. Refunds will only be allowed on Day 1 of Spiking Insider Stocks Trading Masterclass, subsequent refunds will not be allowed.

For subsequent purchases and upgrades to Spiking Cryptos Trading and Options Trading Masterclass, Gold and Platinum Membership Subscription, Spiking Bundles, Spiking Insiders, Spiking Daily Robot, Sales & Promotional purchases - refunds will not be provided.

We do not provide credits, refunds, or prorated billing for Membership or Subscriptions that are canceled mid-term. In such circumstances, you will continue to have access to your Subscription until the end of the yearly billing cycle.

You can read our refund policies in full in Spiking’s Terms of Use.

Subscription Cancellation

You may cancel a subscription at any time. When cancelling a subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current billing period. You will not receive a refund, prorated or otherwise, for the remainder of the term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current billing period. Once your subscription is cancelled, you will not be charged at the next renewal date.

In order to cancel your subscription, please contact our Spiking Angels

Financial Disclaimer [+]

Financial Disclaimers

ALY PTE. LTD. d/b/a Spiking (hereinfater “Spiking”) exists for educational purposes only, and the materials and information contained herein are for general informational purposes only. None of the information provided in the website is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to buy or sell, or as an endorsement, recommendation or sponsorship of any commodity, equity, stock, security, or fund.

Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. Any and all claims or representations, as to income earnings on this web site, are not to be considered as average earnings. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.

Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or make any money at all. There is no assurance you will do as well. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary. If you rely upon our figures; you must accept the risk of not doing as well.

Neither Spiking nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisors or investment advisors and nothing contained on the site is intended to be or to be construed as financial advice. The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You are encouraged to discuss any opportunities with your attorney, accountant, financial professional or other advisor.

You hereby understand and agree that Spiking does not offer or provide tax, legal or investment advice and that you are responsible for consulting tax, legal, or financial professionals before acting on any information provided herein. Spiking’s programs are not intended as a promotion of any particular products or investments and neither Spiking nor any of its officers, directors, employees or representatives, in any way recommends or endorses any Spiking, product, investment or opportunity which may be discussed herein.

Your use of the information contained herein is at your own risk. The content is provided 'as is' and without warranties of any kind, either expressed or implied. Spiking disclaims all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Spiking does not promise or guarantee any income or particular result from your use of the information contained herein. Spiking assumes no liability or responsibility for errors or omissions in the information contained herein.

Spiking will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, but not limited to, loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Spiking has been advised of the possibility of such damages. In no event will the collective liability of Spiking to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Spiking for the information, product or service out of which liability arose. Under no circumstances will Spiking be liable for any loss or damage caused by your reliance on the information contained herein. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained herein. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Earnings Disclaimer [+]

Referral Disclaimer [+]

Spiking Referral Program Terms & Conditions

By participating in our referral program, you agree to the following terms and conditions:

1. Eligibility

1.1. Referrers: This program is open to all existing Spiking users ("Referrers") who have an active account in good standing.

1.2. Referred Users: To be eligible for the referral bonus, the referred individual ("Referred User") must:

Be a new user to Spiking and have never previously registered an account on Spiking.com.
Successfully sign up for a Spiking account using the unique referral link provided by the Referrer.

1.3. Excluded Participants: The following are not eligible for the referral program:

Existing and current Spiking users, including those who have closed their accounts and re-registered.
Users who have been previously referred to Spiking or who have already taken advantage of any Spiking promotional offers.

2. Referral Process

2.1. Referral Link: Referrers will be provided with a unique referral link to share with potential Referred Users.

2.2. Sign-Up: Referred Users must sign up using the referral link. Referrals not tracked through the referral link will not be eligible for the program.

2.3. Verification: Upon successful registration and verification of the Referred User’s account, the Referrer will receive the specified referral bonus.

3. Referral Bonus

3.1. Bonus for Referrer: Referrers will receive a bonus, as specified on the Spiking referral page, once the Referred User completes the account registration and any other specified actions (e.g., funding their account, making a first trade).

3.2. Bonus for Referred User: Referred Users may also receive a bonus upon completing their registration and any specified actions.

3.3. Bonus Delivery: Bonuses will be credited to the Referrer’s and Referred User’s Spiking accounts within a specified time frame, typically within 30 days after the Referred User completes the necessary actions.

4. Restrictions

4.1. Fraudulent Activity: Any form of fraudulent activity, including but not limited to creating fake accounts, using multiple emails, or self-referrals, is strictly prohibited. Spiking reserves the right to withhold bonuses or terminate accounts involved in fraudulent activities.

4.2. No Spam: Referrers must comply with all applicable laws when sharing their referral links. Any form of unsolicited commercial communication or spam is prohibited.

4.3. Non-Transferable: Referral bonuses are non-transferable, non-refundable, and cannot be exchanged for cash or other alternatives.

5. Program Modifications

5.1. Changes to Terms: Spiking reserves the right to modify these terms and conditions or discontinue the referral program at any time without notice.

5.2. Notification of Changes: Any changes to the program or terms will be communicated via the Spiking website or through the Referrer’s registered email address.

6. Termination and Disqualification

6.1. Program Termination: Spiking reserves the right to terminate the referral program at its discretion. In the event of termination, any pending bonuses may be forfeited.

6.2. Disqualification: Spiking reserves the right to disqualify any Referrer or Referred User from participating in the program if they are found to be in violation of these terms and conditions.

7. Limitation of Liability

Spiking shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this referral program. Spiking’s total liability in connection with this referral program shall not exceed the amount of the referral bonus.

8. Governing Law

These terms and conditions are governed by the laws of the jurisdiction where Spiking is headquartered, without regard to its conflict of law provisions.

9. Contact Us

For any questions or concerns regarding the Spiking Referral Program, please contact our customer support team at info@spiking.com.

By participating in the Spiking Referral Program, you acknowledge that you have read, understood, and agree to these terms and conditions.

EULA [+]

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE SITE OR APP ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. General.

This SOFTWARE is licensed, not sold, to You by ALY PTE. LTD. D/B/A SPIKING (the “Company”) for use strictly in accordance with the terms and conditions of this License, our Terms of Service (www.spiking.com/termsofservice), Privacy Policy (www.spiking.com/privacypolicy), and any “usage rules” established by any other third party usage rules or terms of use, and such other vendors (“Usage Rules”), which are incorporated herein by this reference. The term “SOFTWARE” shall refer to and consist of the following: (i) the website, www.spiking.com; (ii) the app, www.spiking.com/app; and (iii) any updates, modifications or enhancements to thereto.

2. License Grant and Restrictions on Use.

2.1 License Grant. Company grants You are revocable, non-exclusive, non-transferable, limited right to install and use the Software on a Device owned and controlled by You, and to access and use the Software on such Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Device (collectively “Related Agreements”).

2.2 Restrictions on Use. You shall use the Software strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Software; (e) use the Software for any revenue generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended; (f) install, use or permit the Software to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Software to multiple Devices; (h) make the Software available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company; (j) use the Software to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Software.

3. Intellectual Property Rights

3.1 Rights to Software. You acknowledge and agree that the Software and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Software and the format, directories, queries, algorithms, structure and organization of the Software are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Software by implication, estoppel or other legal theory, and all rights in and to the Software not expressly granted in this License are hereby reserved and retained by Company.

3.2 Third Party Software. The Software may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Software is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Software or components thereof be deemed to be “open source” or “publicly available” software.

3.3 Company’s Marks. You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.

3.4 Infringement Acknowledgement. You and Company acknowledge and agree that, in the event of a third party claim that the Software or Your possession or use of the Software infringes any third party’s intellectual property rights, You (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.

4. Restriction on Transfer.

You may not rent, lease, lend, sublicense, or transfer the Software, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

5. Use of Information.

5.1 Consent to Use Information. You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Software, and any information or data that You provide to Company and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information or data, in an aggregate (not user level) form: search requests, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiable to You. The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information, other than as set forth in our Privacy Policy www.spiking.com/privacypolicy) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction, we will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such information.

5.2 Privacy Policy. You represent that You shall comply with the terms and conditions of the Company Privacy Policy (www.spiking.com/privacypolicy), which sets forth and describes the practices of Company with respect to the collection, use and disclosure of Information in connection with Your use of the Software. Company reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. Company will post any changes to its Privacy Policy at the web address set forth in the preamble to this License. Your use of the Software following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes.

5.3 Financial Content. With regard to financial content contained on the Software: neither Company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisors, or an investment advisory service, and nothing contained in the Software is intended to be or to be construed as financial advice, or legal, compliance, financial, tax, accounting or related advice. The information contained in the Software is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the marketplace as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the information in the Software cannot be guaranteed.

5.4 Not Personalized Advice. The education and information presented in the Software is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information may therefore use this content as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult your own legal, accounting or other advisors. Monetary and income results are based on many factors. Company has no way of knowing how well you will do, as they do not know you, your background, your work ethic, or your business skills or practices. Therefore, Company does not guarantee or imply that you will get rich, that you will do as well, or that you will make any money at all. If you rely upon figures provided in the Software, you must accept the risk of not doing as well.

6. Third Party Content and Services.

6.1 General. You acknowledge that the Software permits access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).

6.2 Disclaimer. You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Software). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Company hereby disclaims any representation warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.

6.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Software are governed by and require Your acceptance of the terms of service of such third party, including without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.

6.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services otherwise accessible through the Software, although Company has no obligation to restrict or deny access even if requested by You.

6.5 Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

6.6 Use of Third Party Content and Services. You agree that the Third Party Content and Services contain proprietary information and material that is owned by Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by You.

7. Term and Termination.

7.1 Term. This License shall be effective until terminated.

8. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATION, WARRANTIES AND GUARANTIES REGARDUNG THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODICTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE SOFTWARE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SOFTWARE.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTUIAL PURPOSE.

10. Indemnification. You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Software or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

11. Compatibility. Company does not warrant that the Software will be compatible or interoperable with Your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent damage to Your Device, loss of the data located on Your Device, and corruption of the software and files located on Your Device. You acknowledge and agree that Company and its affiliates, partners, suppliers, and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

12. Product Claims. You acknowledge that You (not Company) are responsible for addressing any third party claims relating to Your use or possession of the Software, and agree to notify Company of any third party claims relating to the Software of which You become aware. Furthermore, You hereby release Company from any liability resulting from Your use or possession of the Software, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

13. Miscellaneous

13.1 Governing Law. This License shall be deemed to take place in the Republic of Singapore and shall be governed by and construed in accordance with the laws of the Republic of Singapore, excluding its conflicts of law principles. Any disputes arising from this License shall be adjudicated in the courts of the city of Singapore. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the Software of which is expressly excluded.

13.2 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the Software of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

13.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

13.4 Modification or Amendment. Company may modify or amend the terms of this License by posting a copy of the modified or amended License on the Company Software EULA website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Software following the date in which the modified or amended License is posted on the Company Software EULA website.

13.5 Survival. The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 1, 2.2, 3, 4, 5, 7, 8, 9, 10, 12 and 13.

13.6 Assignment. Except as permitted in Section 4, You shall not assign this License or any rights or obligations herein without the prior written content of Company and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

13.7 Entire Agreement. This License, including the documents incorporated hereby reference, constitute the entire agreement with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understanding regarding such subject matter.