and makes no representations about the suitability of any User Content made available by you or others on the Platform or through the Services for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness, or correctness. The opinions expressed on or in any forum, bulletin board, chat room, or blog post are those of the contributing individuals and do not necessarily reflect the views of, nor are endorsed by Hammerstone. User Content may be incorrect or contain typographical and other inaccuracies. Pursuant to Section 230 of the Communications Decency Act, Hammerstone is passing along this notice to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information is available at https://en.wikipedia.org/wiki/Content-control_software.If you would like to request the right to reprint or re-distribute any Platform Content or other information and materials made available through the Platform, please contact via the methods described in the preamble to these Terms.

1. Errors, Inaccuracies, and Omissions Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including those that relate to investment-related data, pricing, promotions, offers, and availability. Hammerstone reserves the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Platform is inaccurate at any time without prior notice. Hammerstone cannot and will not review all communications, products, or services made available on or through the Platform. Although not obligated to do so, Hammerstone may, however, review, verify, make changes to the Platform or remove any User Content and Platform Content, with or without notice in Hammerstone’s sole discretion.
2. No Investment Advice Disclaimers; Risks You Assume YOU AGREE THAT HAMMERSTONE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON THE PLATFORM, THE SERVICES, THE PLATFORM CONTENT, AND/OR ANY USER CONTENT. WE MAKE NO GUARANTEES, PROMISES OR ASSURANCES REGARDING THE PLATFORM OR SERVICES OR REGARDING ANY PLATFORM CONTENT OR USER CONTENT. HAMMERSTONE DOES NOT ASSURE YOU THAT THE SERVICES WILL LEAD TO PROFITABLE INVESTMENTS. YOU MAY LOSE ALL YOUR MONEY IF YOU MAKE INVESTMENTS BASED ON THE PLATFORM CONTENT OR BASED ON USER CONTENT ON THE PLATFORM. YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES. YOU ALONE ARE RESPONSIBLE FOR ANY ACTION YOU TAKE OR DECISION YOU MAKE IN RELIANCE ON THE PLATFORM.ALL PLATFORM CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE PLATFORM SOLICITS AN OFFER TO BUY OR SELL SECURITIES UNLESS DONE THROUGH THE AVAILABILITY OF A PROSPECTUS OR OTHER OFFICIAL OFFERING DOCUMENT. NOTHING ON THE PLATFORM IS A RECOMMENDATION THAT YOU PURCHASE, SELL OR HOLD ANY SECURITY OR OTHER INVESTMENT, OR THAT YOU PURSUE ANY INVESTMENT STYLE OR STRATEGY. NOTHING ON THE PLATFORM IS INTENDED TO BE, AND YOU SHOULD NOT CONSIDER ANYTHING ON THE PLATFORM TO BE, AN INDIVIDUALIZED INVESTMENT RECOMMENDATION OR ACCOUNTING, TAX OR LEGAL ADVICE. WE DO NOT GIVE INDIVIDUALIZED INVESTMENT RECOMMENDATIONS OR ACCOUNTING, TAX OR LEGAL ADVICE ON OR THROUGH THE PLATFORM. ALWAYS CONSULT YOUR OWN FINANCIAL ADVISOR WHEN MAKING AN INVESTMENT DECISION. HAMMERSTONE IS NOT LIABLE FOR ANY DAMAGE OR INJURY CAUSED BY THESE OR OTHER RISKS.
3. There are various risks you assume in using the Services. There are many market, currency, economic, political, business, technological and other risks that are beyond our control. The Services may not meet your specific needs or requirements. You must make your own independent investment decisions. You should never take any user’s opinions seriously. The past performance of any investment, investment strategy or investment style is not indicative of future performance. Some Platform Content comes from third parties. We believe that these third parties are reliable but we are not responsible for any third party information. We make reasonable efforts to provide up-to-date Platform Content, but at times we may not promptly update or correct the Services even if we are aware that it is inaccurate, outdated or otherwise inappropriate. We may change any portion of the Services at any time without notice to you.
4. Hammerstone Conflicts of Interest We may have conflicts of interest with respect to any securities mentioned on the Platform. Hammerstone, its affiliates, and/or our or their respective officers and employees may acquire, hold or sell a position in any securities mentioned on the Platform or through the Services at ANY TIME, or have a corporate finance relationship with any companies mentioned on the Platform or through the Services. Hammerstone and its affiliates may act as a principals for their own accounts or as agents for both the buyer and seller in connection with the purchase or sale of any securities mentioned on the Platform or through the Services. Hammerstone and its affiliates and/or our or their respective their officers and employees are NOT acting as investment advisers.
5. Disclaimers and Warranties Hammerstone expressly disclaims, to the fullest extent permitted by law, any express or implied warranties that the: (i) Platform, Services, Platform Content, goods, advice, information, or links provided on the Platform will meet your requirements; (ii) Platform and Services will be uninterrupted, timely, secure, or free from error; (iii) defects or flaws in the operation or functionality of any software provided to you as part of the Services will be corrected; and (iv) Platform, Platform Content, goods, services, advice, or information displayed on the Platform will meet your requirements. Hammerstone further disclaims any warranties or other guarantees regarding the Platform, Platform Content, goods, services, advice, information, or links provided by any third parties or users, including the User Content. No advice or information, whether oral or written, obtained by you from Hammerstone (whether through the Platform or otherwise) shall create any warranty not expressly stated in these Terms.You understand that the technical processing and transmission of any Platform Content and User Content may be transferred unencrypted and involve transmissions over various networks and may require changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Hammerstone does not guarantee that any information sent to or from the Platform will be secure during transmission, nor can Hammerstone guarantee the confidentiality of any communication or material transmitted to Hammerstone via the Platform or the Internet in general, including, for example, personal information such as your name or address. Hammerstone assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or alteration of, or unauthorized access to any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Platform, including any injury or damage to you or to any person’s computer or other device related to or resulting from use of the Services or the Platform.
6. No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the Platform, Platform Content, and/or Services, except to the extent that they are expressly set out in these Terms. THE PLATFORM, PLATFORM CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORM ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”
7. Limitation of Liability IN NO EVENT WILL HAMMERSTONE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL HAMMERSTONE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF HAMMERSTONE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS.Without limiting the foregoing, you understand and acknowledge that Hammerstone shall not be liable to you for:
   
   1. Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Platform or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
   2. Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy, or existence of any information or materials made available through the Platform, including any advertising; (ii) any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform or the Services; (iii) any changes that Hammerstone may make to the Platform or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iv) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform or the Services; (v) the use of any products or services obtained on or through the Platform; or (v) any other matter relating to the Platform, the Services, the Platform Content, or the User Content.

   The limitations on Hammerstone’s liability to you in this Section 10 shall apply whether or not Hammerstone has been advised of or should have been aware of the possibility of any such losses arising.

   IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.

8. Indemnity You agree to defend, indemnify, and hold harmless Hammerstone, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including intellectual property or privacy rights; or (iv) the use by of the Platform by any person using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Platform and Services. Hammerstone reserves the right, at Hammerstone’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 11 without the prior written consent of Hammerstone.
9. Features Provided by and Links to Third Parties The Platform may contain links to other websites or feature services of third parties for the convenience of user, including services that allow Platform Content to be delivered through third party distribution channels. These third party websites and services may be available on the Platform via a link, redirect, connect, “frame,” plug-ins, integrated application, or other technology, and may be recognized automatically by your browser. Links to other online services may use Hammerstone’s logos and/or look-and-feel as a result of a co-branding agreement. In order to utilize some aspects of the Platform and Services, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Hammerstone’s third party service providers, suppliers, and licensors.To the extent applicable, these Terms shall apply, but please be aware that Hammerstone has no control over these third parties. Hammerstone does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Hammerstone encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter. Hammerstone may provide you with additional third party provider terms of use where applicable to your use of a particular feature, function, or other element of the Platform or Services, which (for the avoidance of doubt) are in addition to these Terms and apply only to that particular feature, function, or other element of the Platform or Services addressed by them.
10. Privacy Your privacy is a priority for Hammerstone. Any personal information that you provide to Hammerstone, or that is collected from you, via the Platform is subject to Hammerstone’s Privacy Policy.
11. Copyright Infringement Complaint Procedures If you believe that any content or other information and materials made available through the Platform violates your intellectual property or other rights, please notify Hammerstone at [email protected] with a comprehensive detailed message setting forth the following information:
    1. A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed;
    2. A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled;
    3. A description of where the alleged infringing material(s) is located on the Platform (include a URL if possible);
    4. Sufficient contact information regarding the copyright owner or agent, such as your physical address, e-mail address, website, telephone number, and fax number; and
    5. The following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
12. Dispute Resolution Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Hartford, Connecticut, unless Hammerstone elects otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Connecticut. The arbitrator shall not be bound by rulings in prior arbitrations involving different Hammerstone users, but is bound by rulings in prior arbitrations involving the same Hammerstone user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Hammerstone will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Hammerstone should be submitted by mail to the AAA along with your demand for arbitration and Hammerstone will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Hammerstone will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Hammerstone for all fees associated with the arbitration paid by Hammerstone on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
13. You can choose to reject this agreement to arbitrate by mailing Hammerstone a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Hammerstone account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Hammerstone.

TO THE EXTENT THESE TERMS MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL.

Operation of the Platform and United States Law The Platform is controlled and operated from within the United States. Without limiting anything else, Hammerstone makes no representation that the Platform, Platform Content, User Content, services, products, information, or other materials available on, in, or through the Platform is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform from outside the United States do so on their own will and are responsible for compliance with applicable laws. You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.The Platform may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States, and any amendment thereof. The Platform, the Platform Content, and all underlying information and technology licensed hereunder shall not be accessed, downloaded, used, possessed, or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation outside the United States) without first complying strictly and fully with all export controls and other applicable laws that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Platform, the Platform Content, or any underlying information or technology. If you have any questions regarding your obligations under the United States of America Export regulations, you should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division and the Bureau of Industry and Security, United States Department of Commerce, Office of Exporter Services. As to other countries, the appropriate officials or agencies should be contacted.

Miscellaneous These Terms, including the Privacy Policy, constitute the entire legal agreement between you and Hammerstone regarding the Platform and govern your use of the Platform, Services, and any transactions you may have with Hammerstone through the Platform. These Terms completely replace and supersedes any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Hammerstone regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Platform conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. You understand that Hammerstone may make changes to these Terms from time to time. Your continued use of the Platform following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Hammerstone will make a new copy of the Terms available on the Platform. You agree that Hammerstone is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes. You agree that any failure or delay of Hammerstone to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Hammerstone has the benefit of under any applicable law) will not be taken to be a formal waiver of Hammerstone’s rights and that those rights or remedies will still be available to Hammerstone. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.