William O’Neil Securities – Last updated January 6, 2020
ACCEPTANCE OF AGREEMENT
Welcome to oneilsecurities.com (the “Site“) presented by O’Neil Securities, Inc. d/b/a William O’Neil Securities (“Company”, “we”, or “us”). The following terms and conditions, together with any documents incorporated by reference (this “Agreement“) govern your use, whether as a guest or a registered User, of the Site and any other sites, products, services, features, contents, mobile sites, and applications/or offered by us from time to time that link or otherwise refer to this Agreement, (collectively, including the Site, the “Services“).
Your use of the Services is also subject to additional guidelines or rules posted in certain areas of the Service. We may also provide products or services that are governed by supplemental terms as may be provided by the Company, from time to time. Such additional guidelines, rules, and/or supplemental terms are also incorporated into this Agreement. Failure to comply in full with the Agreement will result in cessation of access and use privileges and may result in legal actions taken against offending individuals and/or organizations in our sole discretion. We reserve the right to block your access to the Services for violation of this Agreement. This Agreement may be updated at any time without notice (though if changes are significant, we will typically post a notice on the Site). You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Services constitutes acceptance of any changes to this Agreement.
PLEASE NOTE THAT THE “ARBITRATION & CLASS ACTION WAIVER AGREEMENT“ SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND THE COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION & CLASS ACTION WAIVER AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION & CLASS ACTION WAIVER AGREEMENT.
The word “User(s)” means any Person (also referred to as “you” or “yours“) visiting, accessing, or using the Services or holding a Subscription (as defined below) to any Service. The word “Person(s)” means any natural person, proprietorship, corporation, partnership, or other entity whatsoever. The word “or” includes the word “and“. The words “includes” or “including” means “includes, but is not limited to” or “including, but not limited to.”
The Services are offered and available to Users who are at least eighteen (18) years of age and reside in the United States. Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership, or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User. By visiting, accessing, subscribing to, and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
The Company may require proof of your identity or eligibility at any time to participate or continue to participate in a Service. Failure to provide evidence of identity or eligibility satisfactory to the Company, and determined in the Company’s sole discretion, may result in suspension or termination of your account(s) with the Company and/or access to the Services. The Company reserves the right to monitor all activities on the Services, including any effort to establish accounts in violation of this Agreement and to deny access to anyone, including those users who use proxy servers and/or IP addresses residing in certain geographical areas.
You may only use the Services for lawful purposes and in accordance with this Agreement. You specifically agree to not:
• Violate any Applicable Laws while using the Services;
• Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm any Person in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• Use the Services to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other Person (including by using e-mail addresses or user names associated with any of the foregoing);
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services or expose them to liability;
• Attempt to disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services;
• Take any action that imposes an unreasonable or disproportionately large load on the Company’s technical infrastructure;
• Copy the Services and/or any of the content, data, and/or materials therein for any other unauthorized purpose without our prior written consent;
• Use any data mining, robot, spider, crawler, cancelbots, or other devices, processes, or means to access the Services and/or facilitate the misuse of the Services for any purpose, including monitoring or copying any of the content, data, or materials that are part of the Services;
• Use any device, software, or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services;
• Attack the Services via a denial-of-service attack, a distributed denial-of-service attack, or another similar attack;
The owner of the Services is based in the United States. We provide the Services for use only by Persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain Persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree that any notices that the Company may be required by Applicable Laws to send to you will be effective upon either: (a) the Company’s sending an e-mail message to the e-mail address you have on file with the Company; or (b) the Company publishing such notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The content, data, and/or materials that are included in, or referenced as part of, the Services are for informational and educational purposes only. The Company, its corporate affiliates, and business partners do not guarantee the accuracy, reliability, or suitability of any content presented and such information may be incomplete, condensed, outdated, or otherwise inaccurate. Further, the content, data, and/or materials that are included in, or referenced as part of, the Services are subject to change at any time without notice.
DISCLAIMER OF WARRANTIES, TERMS, & LIABILITY
THE SERVICES, INCLUDING ANY CONTENT, DATA, AND/OR MATERIALS ACCESSIBLE ON THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THERE MAY BE DELAYS, OMISSIONS, AND/OR INACCURACIES IN SUCH ITEMS. THE COMPANY INDEMNIFIED PARTIES (AS DEFINED BELOW) CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND/OR THE CONTENT, DATA, AND/OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTY THEREFORE.
THE COMPANY INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING, OR DELIVERING ANY DATA THROUGH THE SERVICES OR FOR INTERRUPTION IN THE SERVICES. IN NO EVENT, WILL THE COMPANY INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF OR INABILITY TO USE THE SERVICES, THE SITE, ANY SITES LINKED TO OR FROM THE SERVICES, ANY DATA ON THE SERVICES, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, licensors, advertisers and sponsors, agents, directors, officers, and employees and third-party information providers (collectively, the “Company Indemnified Parties“) harmless from and against any and all Losses resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Services (or the use of the Services by another Person using your password) or violation of this Agreement. “Losses” means any and all penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including: (a) indirect, special, punitive, consequential, or incidental losses or damages (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage); and (b) administrative costs, investigatory costs, litigation costs, expert costs, and auditors’ and attorneys’ and fees and disbursements (including in-house personnel).
PROPRIETARY RIGHTS & PROTECTION
All of the data, information, content, materials, services, and software displayed on, transmitted through, or used in connection with the Services, as well as its trade dress, layout, presentation, selection, and arrangement, are owned by the Company (collectively, the “Content“). The Company actively protects its rights to the Content to the fullest extent of the law. You may not use such Content except as provided in this Agreement.
You may use the Services, including any Content, online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided that you do not remove any trademark, copyright, or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet, or Extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Services, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share, or otherwise use any portion of the Content without the prior written consent of the Company. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and/or other laws.
You agree that any breach of the Agreement may be enforced by the Company by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies available to it. You may not frame or utilize framing techniques that involve any Content, trademark, logo, copyrighted material, or other proprietary information (including images, text, page layout, or form) of any portion of the Services without our express prior written consent.
DURATION & SURVIVAL
Even after your Subscription, account, or access to the Services is terminated by you or by the Company, this Agreement will remain in full force and effect with respect to your past and future use of the Services. Any rights to your account terminate upon your death. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
CHANGES TO THE SERVICES OR THE AGREEMENT
The Company may, at any time, change or discontinue any aspect or feature of a Service, including Content, hours of availability, and equipment and software needed for access or use. We may update the Content, including, but not limited to, any Data on the Services from time to time, but Content is not necessarily complete or up-to-date. Any of the material on the Services may be out-of-date at any given time, and we are under no obligation to update such material.
The Company may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
DISSEMINATION, DISCONTINUANCE, OR MODIFICATION
You understand that, at any time, the Company may discontinue disseminating any feature of the Services, including, but not limited to, any category of Data, may change or eliminate any transmission method, and may change transmission speeds, or other signal characteristics. You will not hold the Company liable for any resulting liability, loss, or damages that may arise therefrom. You acknowledge that the Company, in its sole discretion, may from time to time make modifications to its system(s), the Services, or Data.
USER CONTRIBUTIONS; ONLINE COMMUNITIES & FORUMS; RULES, POLICIES, & DISCLAIMERS
The Services may contain the ability to post content or messages or otherwise communicate with other users, including message boards, chat functionality, personal web pages or profiles, forums, and other interactive features that allow users to post, submit, publish, display, or transmit to other Users or other Persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Services. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services. User Contributions, including any messages in online communities or forums express the views of the author of the message, not necessarily the views of the Company or any entity affiliated with the Company.
The Company does not claim ownership of any User Contribution. However, by posting a User Contribution to the Services, you grant to the Company and our distributors a worldwide, royalty-free, perpetual, non-exclusive, and fully transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display User Contributions you post, in whole or in part, throughout the world for any purpose, including commercial and promotional purposes without additional compensation or consent.
REMOVAL OF POSTS & MESSAGES
Any User who feels that a posted message is objectionable is encouraged to contact the Company’s Institutional Client Services Team at firstname.lastname@example.org. We have the ability to remove objectionable or violative messages and if it is determined that removal is necessary, we will make every effort to do so within a reasonable time frame. This is a manual process, however, so we may not be able to remove particular messages immediately.
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Designated Agent (as defined below) with the following information in writing: (a) a physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, an e-mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following designated agent (“Designated Agent“):
William O’Neil Securities
12655 Beatrice Street Los Angeles, California, 90066