Stockmate provides a personalized subscription service that allows our members to access chats, merchandise, and educational materials ("Stockmate content") streamed over the Internet to certain Internet-connected phones, computers and other devices ("Stockmate ready devices").
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH STOCKMATE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your Stockmate membership will continue and automatically renew until terminated. To use the Stockmate service you must have Internet access and a Stockmate ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of membership plans, including special promotional plans or services offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some services may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Stockmate membership by visiting the Teachable website and clicking on the "Account" link.
- Free Trials
2.1. Your Stockmate membership may start with a free trial. The duration of the free trial period of your membership lasts will be specified during sign-up and is intended to allow new and certain former members to try the service.
2.2. Free trial eligibility is determined by Stockmate at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Stockmate membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Stockmate membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period. To view the applicable membership price and end date of your free trial period, visit the Teachable website and click the "Billing details" link on the "Account" page.
- Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Stockmate service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your Teachable "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
3.2. Payment Methods. To use the Stockmate service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, Teachable may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. You can update your Payment Methods by going to Teachable. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your Stockmate membership at any time, and you will continue to have access to the Stockmate service through the end of your billing period. To cancel, go to the "Account" page on Teachable and follow the instructions for cancellation. If you cancel your membership, you will automatically lose access to the Teachable content, private group chat, an monthly merchandise at the end of your current billing period. To see when your account will close, click "Billing details" on the Teachable "Account" page. If you signed up for Stockmate using your account with a third party as a Payment Method and wish to cancel your Stockmate membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Stockmate service through that third party. You may also find billing information about your Stockmate membership by visiting your account with the applicable third party.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Stockmate Service
4.1. You must be 18 years of age to invest on the third party platform of Robinhood, and have residence of a territory or state in the United States. Individuals under the age of 18, or applicable age of majority, may utilize the third party service only with the involvement of a parent or legal guardian, under such person's account.
4.2. The Stockmate service and any content viewed through our service are for your educational purposes only and may not be shared with individuals beyond your own. During your Stockmate membership, we grant you a limited, non-exclusive, non-transferable right to access the Stockmate service and view Stockmate content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances and or distribute the content provided.
4.3. You may view Stockmate content primarily within the state in which you have established your account and only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location and will change from time to time. However the primary location that will have access will be Stockmate members the live in the United States of America.
4.4. The Stockmate service, including the Robinhood Investing Blueprint, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Stockmate content.
4.5. Some Stockmate content is available for temporary download and offline viewing on certain supported devices ("Offline Content"). Limitations apply, including restrictions on the number of Offline Content per account, the time period within which you will need to begin viewing Offline Content and how long the Offline Content will remain accessible. Offline Content will not be playable while you are not a member.
4.7. The quality of the display and make of the Stockmate content and merchandise may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all content is available in all formats, such as HD, Ultra HD or HDR. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Stockmate makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin use Stockmate content, group and service will vary based on a number of factors, including your location, available bandwidth at the time, the Stockmate content you have selected and the configuration of your Stockmate ready device.
4.8. Stockmate service may be used through third party services, however Stockmate retains all and entire control for authorized memberships and viewing of content from Stockmate through Stockmate ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of Stockmate and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Stockmate ready device for any issues related to the device and its compatibility with the Stockmate service. We do not take responsibility or otherwise warrant the performance of Stockmate ready devices, including the continued compatibility with our service. If your Stockmate ready device is sold, lost or stolen, please deactivate the Stockmate ready device. If you fail to log out or deactivate your device, subsequent users may access the Stockmate service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of the Teachable website.
- Passwords and Account Access. The member who created the Teachable account to access the Stockmate service is charged (the "Account Owner") has access and control over the Stockmate membership and the Stockmate ready devices that are used to access our service and is responsible for any activity that occurs through the Teachable account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the Stockmate ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the Teachable account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Teachable can terminate your account or place your account on hold in order to protect you, Stockmate or our partners from identity theft or other fraudulent activity. Stockmate is not obligated to credit or discount a membership for holds placed on the account by either a representative of Stockmate or by the automated processes of Stockmate.
- Disclaimers of Warranties and Limitations on Liability
6.1. THE STOCKMATE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE STOCKMATE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. STOCKMATE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE STOCKMATE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. STOCKMATE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, STOCKMATE READY DEVICES, AND STOCKMATE OR THIRD PARTY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SSTOCKMATE, OR ITS SUBSIDIARIES OR ANY OF THEIR, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Arbitration Agreement
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Stockmate, by certified mail, a written Notice of your claim ("Notice"). The Notice to Stockmate must be addressed to: General Counsel, Stockmate, Inc., 100 Winchester Circle, Los Gatos, CA 95032-1815 ("Notice Address"). If Stockmate initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Stockmate, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Stockmate and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Stockmate may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Stockmate receives notice at the Notice Address that you have commenced arbitration, Stockmate will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Stockmate and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Stockmate last written settlement offer made before an arbitrator was selected (or if Stockmate did not make a settlement offer before an arbitrator was selected), then Stockmate will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND STOCKMATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stockmate agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
9.2. Unsolicited Materials. Stockmate does not accept unsolicited materials or ideas for Stockmate content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Stockmate. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Stockmate and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
9.3. Feedback. Stockmate is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Stockmate service, including the Stockmate website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Stockmate service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
9.7. Communication Preferences. Teachable will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that Teachable sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- The materials on Stockmate's website are provided 'as is'. The Stockmate service makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Stockmate service does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
- Last Updated: April 24, 2019