Neither the Site nor Next Generation Stocks LLC is a broker-dealer, investment adviser or crowdfunding portal registered with the United States Securities And Exchange Commission (“SEC”), FINRA or any state regulatory agency, department or authority with jurisdiction over securities or investment advice.
The Site is limited to the dissemination of impersonal investment-related information together with access to additional investment-related information and links. The publication of the Site on the Internet and the publication of any content should not be construed by any user and/or prospective user as (i) A solicitation to offer, buy or sell, effect, or attempt to effect transactions in securities over the Internet, or (ii)provision of investment related advice or services tailored to any particular individual’s financial situation or investment objective(s). Neither the Site nor anyone affiliated with it will: a) accept responsibility for or authority over a subscriber’s investments, funds or assets; b) accept decision making authority over a subscriber’s investments, funds or assets; c) offer or recommend personalized advice on investments. The Site does not disseminate promotional materials prepared by anyone wishing to promote or “tout” a specific investment. Next Generation Stocks LLC and its founder do or may invest in specific stocks discussed on the Site but they will not buy or sell a stock for 5 trading days before and 5 trading days after a posting on the Site mentioning that specific stock.
No user should assume that his/her/its use of the Site is a substitute for individual personalized advice from an investment professional of the user’s choosing. Those services may only be provided by a licensed professional. The user maintains absolute discretion to decide whether to follow or use any portion of the Site content. The Site is not intended to and does not offer or provide investment implementation services, nor does it offer or provide initial or ongoing individual personalized advice (either in person nor via the Internet). It remains the user’s exclusive responsibility to review and evaluate the content and to determine whether to accept or reject any Site content. It is the user’s exclusive responsibility to determine if any portion of the investment-related information, investments and/or trading methodologies/systems discussed on the Site is suitable or appropriate for his/her financial situation and/or investment objectives. Users are encouraged to consult registered firms and their registered professionals for help in evaluating any information on this Site. If you want personal advice, you should consult a registered broker-dealer or investment adviser.
Past performance does not guarantee future results. No current or prospective user should assume that the future performance of any specific investment, investment strategy (including the investments trading methodologies/systems discussed on the Site) or any other Site content will be suitable or profitable for a specific user’s portfolio, equal historical or anticipated performance level(s), or prove to be correct.
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The Site may also include or link to other content or information provided by or about third-party websites, products, services, activities or events (collectively, “Third-Party Content”). We are not responsible for the accuracy or reliability of Third-Party Content. Your interactions with or correspondence with providers of Third-Party Content and your use of or interaction with any Third-Party Content is solely between you and the third party providing it. The Site does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
We reserve the right to modify our Site or to suspend or stop providing our site or portions of it at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site at any time.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Next Generation Stocks, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
“Next Generation Stocks” and our logos are trademarks that are owned or licensed by Next Generation Stocks, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by tradename, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of Next Generation Stocks LLC or our licensors. By "Content" we mean any information, mode of expression, or other materials and services found on the Site This includes message boards, blogs, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features.
You may make one copy of the Content for your personal, non-commercial use. Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without Next Generation Stocks LLC's prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication.
You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content for use on another website or service (including our own personal forums and blogs).
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein (including any Third-Party Content) are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Site will be available, accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Platform.
To the fullest extent permitted by applicable law:
a) Next Generation Stocks LLC, and its officers, directors, owners, employees and agents will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, punitive or special damages or lost profits, even if Next Generation Stocks, LLC, and its officers, directors, owners, employees and agents have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Next Generation Stocks LLC, and its officers, directors, owners, employees and agents from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You and Next Generation Stocks LLC, and its officers, directors, owners, employees and agents (“we” or “us”) agree that any dispute arising out of or related to these Terms or our Platform is personal to you and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, mass action or any other type of representative proceeding.
a) Instead, for any Dispute that you have concerning the Site, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”)by email to: firstname.lastname@example.org. or by certified mail addressed to 276 Watauga Village Dr Suite H, #210, Boone, NC 28607, USA. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If we cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, the neither party may submit the Dispute to binding arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth above and below, in court.
b) All Disputes must be submitted to the AAA and will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the City of Boone, County of Watauga unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 12, a “consumer” means a person using the Site for personal, family or household purposes. You agree that Disputes will be held in accordance with the AAA Commercial Arbitration Rules(“AAA Rules”). The most recent version of the AAA Rules are available on the AAA website, https://adr.org/sites/default/files/Commercial-Rules-Web.pdf and are hereby incorporated by reference. You acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
c) You and we agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
d) The arbitrator, we, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
e) You and we agree that the state or federal courts of the State of North Carolina, located in the County of Watauga, State of North Carolina have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and we will no longer have the right to assert the claim.
g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12, by emailing email@example.com In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 11.
h) If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (i)severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12will be enforceable.
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of North Carolina, except to the extent preempted by U.S. federal law or governed by the Federal Arbitration Act, without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in arbitration as above or in the state or federal courts of the County of Watauga, State of North Carolina.
(f) Without limiting any provision of this Agreement, Next Generation Stocks LLC, and its officers, directors, owners, employees and agents will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond their reasonable control.
(g) You agree that communications and transactions between you and us may be conducted electronically