SaturdaySignal Terms of Service
Introduction
Welcome to SaturdaySignal. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," "Subscriber," or "User") and Open Channel Media LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the SaturdaySignal.com website, all associated subdomains, and all related services, content, features, and applications (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, CREATING AN ACCOUNT, OR CLICKING "I AGREE," "SUBSCRIBE," OR ANY SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or use the Service.
IMPORTANT NOTICES:
- Section 7 (Investment Disclaimer) contains critical disclaimers about the nature of our Service and your sole responsibility for investment decisions.
- Section 14 (Dispute Resolution and Arbitration) contains a binding arbitration agreement and class action waiver that affects your legal rights. You have the right to opt out of arbitration within thirty (30) days of accepting these Terms.
These Terms are subject to change as described in Section 16. Your continued use of the Service after any modifications constitutes acceptance of the revised Terms.
Table of Contents
- Description of Service
- Eligibility and Registration
- Subscription Fees and Billing
- Cancellation and No-Refund Policy
- Cancellation
- Intellectual Property Rights
- Investment Disclaimer
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- User Conduct
- Third-Party Links and Content
- Privacy
- Dispute Resolution and Arbitration
- Governing Law and Jurisdiction
- Changes to Terms
- General Provisions
- Contact Information
- Acknowledgment
1. Description of Service
1.1 Nature of the Service
SaturdaySignal is a financial publishing service that provides stock recommendations ("Picks"), market commentary, research, and educational content related to publicly traded securities. The Service delivers Picks to subscribers via email on Saturday mornings.
SaturdaySignal operates as a bona fide publisher of financial information under the publisher's exemption set forth in Section 202(a)(11) of the Investment Advisers Act of 1940, as interpreted by the United States Supreme Court in Lowe v. SEC, 472 U.S. 181 (1985). As a publisher:
- We provide only impersonal, general commentary available to the subscribing public;
- We do not provide individualized investment advice tailored to any subscriber's specific financial situation, investment objectives, or risk tolerance;
- We do not exercise any investment discretion over subscriber accounts;
- We do not manage subscriber funds or execute trades on behalf of subscribers;
- All investment decisions are made solely by subscribers at their own risk.
1.2 Subscription Tiers
We offer two subscription tiers:
Basic Tier:
- Two (2) stock Picks per month
- Delivered on the first (1st) and third (3rd) Saturday of each month
- Delivery time: approximately 11:00 AM Eastern Time
- Includes access to the complete track record
Premium Tier:
- Eight (8) stock Picks per month
- Delivered every Saturday
- Delivery time: approximately 11:00 AM Eastern Time
- Includes access to the complete track record
- Includes all Basic tier benefits
1.3 Track Record Transparency
We publish our complete track record, including all winning and losing Picks, on our website. Subscribers and prospective subscribers may view our historical performance, including entry prices, exit prices, holding periods, and percentage returns for all closed positions, as well as current prices and unrealized gains or losses for all open positions.
1.4 Modifications to the Service
We reserve the right, at our sole discretion, to modify, suspend, discontinue, or terminate any aspect of the Service at any time, with or without notice, including but not limited to:
- The number of Picks provided per subscription tier;
- Delivery schedules and timing;
- Features, functionality, and content;
- Subscription tier structures and offerings.
We will use commercially reasonable efforts to provide advance notice of material changes that adversely affect subscribers. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
2. Eligibility and Registration
2.1 Eligibility Requirements
To use the Service, you must:
- Be at least eighteen (18) years of age;
- Have the legal capacity to enter into a binding contract;
- Not be barred from using the Service under applicable law;
- Reside in a jurisdiction where access to and use of the Service is permitted;
- Not be located in, under the control of, or a national or resident of any country subject to United States economic sanctions or embargoes.
By using the Service, you represent and warrant that you meet all eligibility requirements.
2.2 Account Registration
To subscribe to a paid tier of the Service, you must create an account by providing accurate, current, and complete information, including:
- Your legal name;
- A valid email address;
- Valid payment information;
- Any other information requested during registration.
You agree to promptly update your account information to keep it accurate, current, and complete. Failure to do so may result in your inability to access the Service or termination of your account.
2.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials, including your password;
- All activities that occur under your account, whether or not authorized by you;
- Notifying us immediately at support@saturdaysignal.com of any unauthorized use of your account or any other security breach.
We shall not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.
2.4 One Account Per Person
Each individual may maintain only one (1) active account. The creation or maintenance of multiple accounts by the same individual is prohibited and constitutes a material breach of these Terms. We reserve the right to terminate duplicate accounts without notice or refund.
2.5 Non-Transferability
Your subscription and account are personal to you and may not be sold, transferred, assigned, shared, or sublicensed to any other person or entity. Any attempt to do so is void and constitutes a material breach of these Terms.
2.6 Your Representations and Warranties
By creating an account and using the Service, you represent and warrant that:
- All information you provide is true, accurate, current, and complete;
- You will maintain and promptly update your information to keep it accurate;
- You have the legal right and authority to enter into these Terms;
- Your use of the Service will not violate any applicable law or regulation;
- You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country;
- You are not listed on any U.S. Government list of prohibited or restricted parties;
- You will not use the Service for any unlawful or fraudulent purpose.
3. Subscription Fees and Billing
3.1 Subscription Pricing
Current subscription pricing is as follows:
Basic Tier:
- $348.00 USD per year ($29/mo billed annually)
Premium Tier:
- $948.00 USD per year ($79/mo billed annually)
All prices are quoted in United States Dollars (USD). Applicable sales taxes, value-added taxes (VAT), or other governmental charges may be added to subscription fees based on your location and applicable law.
3.2 Payment Terms
Subscription fees are due and payable in advance. By subscribing, you authorize us to charge your designated payment method for the applicable subscription fee. We accept major credit cards, debit cards, and other payment methods as displayed during checkout.
You represent and warrant that:
- You are authorized to use the payment method provided;
- All payment information you provide is accurate and complete;
- You will promptly update your payment information if it changes.
If your payment method is declined or fails for any reason, we may suspend or terminate your access to the Service until valid payment is received.
3.3 Automatic Renewal
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL.
Unless you cancel your subscription before the end of your current billing period, your subscription will automatically renew for successive annual periods at the same rate ($348/year for Basic, $948/year for Premium), subject to any price changes communicated in advance per Section 3.5.
BY SUBSCRIBING TO THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (1) OPEN CHANNEL MEDIA LLC IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE APPLICABLE RENEWAL FEE AT THE BEGINNING OF EACH RENEWAL PERIOD UNTIL YOU CANCEL, AND (2) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL.
3.4 Renewal Notices
For annual subscriptions, we will send you a renewal reminder via email at least fifteen (15) days, but no more than forty-five (45) days, before your renewal date. This notice will include:
- The date your subscription will renew;
- The renewal price that will be charged;
- Instructions for how to cancel your subscription before renewal.
This renewal notice satisfies the requirements of California Business and Professions Code § 17602 and similar state automatic renewal laws. Regardless of your state of residence, you will receive renewal notices in accordance with this section.
It is your responsibility to ensure that your email address on file is current and that our emails are not filtered to spam or junk folders. Failure to receive a renewal notice does not relieve you of your obligation to pay renewal fees or entitle you to a refund if you fail to cancel before the renewal date.
3.5 Price Changes
We reserve the right to change subscription prices at any time. Any price increase will:
- Be communicated to you via email prior to your renewal date;
- Take effect at your next renewal period following the notice;
- Not affect the price of your current subscription term.
If you do not agree to a price increase, you may cancel your subscription before your renewal date. Your continued subscription after a price change takes effect constitutes acceptance of the new price.
3.6 Taxes
You are responsible for all applicable taxes associated with your subscription, except for taxes based on our net income. If we are required to collect or pay taxes on your behalf, such taxes will be added to your subscription fee.
4. Cancellation and No-Refund Policy
4.1 No Refunds / All Sales Final
All subscription payments to SaturdaySignal are non-refundable. By purchasing a subscription, you acknowledge and agree that all fees paid are final and non-refundable, regardless of whether you use the service during your subscription period. We do not offer refunds, partial refunds, or credits for any reason.
4.2 Cancellation
You may cancel your subscription at any time via a provided cancellation link upon request or by emailing support@saturdaysignal.com. Upon cancellation:
- (a) You will retain full access to all SaturdaySignal signals, content, and services through the end of your current paid billing period.
- (b) No partial refunds or pro-rata credits will be issued for the remainder of your billing period.
- (c) Cancellation takes effect at the end of your current billing cycle — your subscription will not renew.
4.3 Subscription Renewal
Subscriptions automatically renew at the same annual rate ($348/year for Basic, $948/year for Premium) unless cancelled before the renewal date. We will send email reminders before your renewal date. You are responsible for cancelling before the renewal date if you do not wish to continue.
4.4 Chargebacks and Disputes
If you initiate a chargeback or payment dispute with your bank or payment provider instead of contacting us directly, we reserve the right to immediately suspend or terminate your account and pursue recovery of fees owed. We encourage you to contact us at support@saturdaysignal.com with any billing questions before initiating a dispute.
5. Cancellation
5.1 Your Right to Cancel
You may cancel your subscription at any time for any reason. We believe cancellation should be as easy as subscribing.
5.2 How to Cancel
You may cancel your subscription using any of the following methods:
Option 1 — Cancellation Link:
Request a cancellation link by contacting us at support@saturdaysignal.com. We will promptly provide you with a direct cancellation link. Your cancellation will be processed immediately upon use of the link.
Option 2 — Email:
Send an email to support@saturdaysignal.com with the subject line "Cancel Subscription" and include your name and the email address associated with your account. We will process your cancellation promptly.
NO PHONE CALL IS REQUIRED TO CANCEL. We will not:
- Require you to call a phone number to cancel;
- Subject you to retention offers, sales pitches, or extended hold times;
- Require you to provide a reason for cancellation;
- Take any action that obstructs or delays your ability to cancel immediately.
5.3 Effect of Cancellation
When you cancel your subscription:
- Your subscription will not renew at the end of your current billing period;
- You will retain full access to the Service until the end of your current paid period;
- You will receive a confirmation email acknowledging your cancellation within twenty-four (24) hours;
- No further charges will be made to your payment method for subscription renewals.
5.4 Reactivation
Pricing is subject to change. Any price changes will apply to new subscriptions and renewals after the change is announced. Your current subscription rate is locked until you cancel.
5.5 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, upon notice to you (which may be provided via email to the address associated with your account), including but not limited to:
- Violation of these Terms;
- Fraudulent, abusive, or illegal activity;
- Redistribution or unauthorized sharing of our Content;
- Non-payment of fees;
- Conduct that we determine, in our sole discretion, is harmful to our business, other subscribers, or third parties.
In cases of termination for cause (violation of these Terms), no refund will be provided, and you may be permanently barred from future subscriptions.
5.6 Effect of Termination
Upon termination of your subscription (whether by you or by us):
- Your right to access the Service will cease at the end of your paid period (or immediately, if terminated for cause);
- You must immediately cease all use of the Service and Content;
- We may retain certain information as required by law or for legitimate business purposes (see Section 13);
- Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6, 7, 8, 9, 10, 14, 15, and 17.
6. Intellectual Property Rights
6.1 Ownership
All content, materials, and intellectual property provided through or in connection with the Service, including but not limited to:
- Stock Picks, recommendations, and alerts;
- Research reports, analysis, and commentary;
- Track records, performance data, and statistics;
- Articles, blog posts, and educational content;
- Software, code, algorithms, and methodologies;
- Logos, trademarks, service marks, and trade dress;
- Website design, graphics, and user interface;
- Databases, compilations, and data structures;
(collectively, "Content") are the exclusive property of Open Channel Media LLC or its licensors and are protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws.
6.2 Limited License
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Service for your personal, non-commercial use;
- View, download, and print Content solely for your personal reference;
- Make a reasonable number of copies of Content for your personal, non-commercial use, provided that all copies retain all copyright and proprietary notices.
This license does not include any right to:
- Resell, sublicense, or commercially exploit the Service or Content;
- Distribute, publicly display, or publicly perform the Content;
- Modify, adapt, translate, or create derivative works from the Content;
- Reverse engineer, decompile, or disassemble any aspect of the Service;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
6.3 Prohibited Uses
You expressly agree that you will NOT:
- Share, distribute, forward, post, publish, or transmit any Content to any third party, whether for free or for compensation;
- Post or publish Content on any website, blog, forum, message board, social media platform, chat room, or other online or offline medium;
- Share your account credentials or allow any other person to access your account;
- Redistribute Content via email, text message, messaging apps, or any other communication method;
- Create abstracts, summaries, or derivative works based on the Content;
- Use the Content in any commercial product, service, publication, or presentation;
- Use automated tools, bots, scrapers, spiders, crawlers, or other automated means to access, copy, index, or harvest Content;
- Frame, mirror, or incorporate any portion of the Service into any other website or application;
- Use the Content to compete with us or to develop a competing product or service;
- Remove, alter, or obscure any proprietary notices, watermarks, or attribution;
- Circumvent, disable, or interfere with any security or access control features.
6.4 Enforcement
Unauthorized use of our Content constitutes a material breach of these Terms and may violate copyright, trademark, and other laws. We actively monitor for unauthorized redistribution of our Content.
ANY UNAUTHORIZED REDISTRIBUTION OF OUR CONTENT WILL RESULT IN IMMEDIATE TERMINATION OF YOUR SUBSCRIPTION WITHOUT REFUND.
We reserve all rights to pursue legal remedies for intellectual property violations, including but not limited to:
- Injunctive relief;
- Actual damages and lost profits;
- Statutory damages under the Copyright Act, 17 U.S.C. § 504(c) (up to $150,000 per work infringed for willful infringement);
- Recovery of attorneys' fees and costs under 17 U.S.C. § 505.
6.5 Digital Millennium Copyright Act (DMCA) Notice
If you believe that any Content on the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, by providing our designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
Designated Copyright Agent:
Open Channel Media LLC
Attn: Copyright Agent
1712 Pioneer Ave STE 500
Cheyenne, WY 82001
Email: copyright@saturdaysignal.com
6.6 Feedback
If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit such Feedback for any purpose without compensation or attribution to you.
6.7 Trademarks
"SaturdaySignal," the SaturdaySignal logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Open Channel Media LLC. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
7. Investment Disclaimer
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT DISCLAIMERS REGARDING THE NATURE OF OUR SERVICE AND YOUR RESPONSIBILITY FOR INVESTMENT DECISIONS.
7.1 Not a Registered Investment Adviser
OPEN CHANNEL MEDIA LLC IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, FINANCIAL PLANNER, CERTIFIED FINANCIAL PLANNER, OR FIDUCIARY.
We are not registered with the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), any state securities regulatory authority, or any other financial regulatory body. We do not hold any securities licenses.
We operate as a publisher of financial information under the publisher's exemption set forth in Section 202(a)(11) of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-2(a)(11).
7.2 Educational and Informational Purposes Only
All Content provided through the Service is for educational and informational purposes only. The Content:
- Does NOT constitute investment advice, financial advice, trading advice, tax advice, legal advice, or any other form of professional advice;
- Does NOT constitute a recommendation, endorsement, or solicitation to buy, sell, or hold any particular security, investment, or financial product;
- Does NOT constitute an offer to sell or a solicitation of an offer to buy any security;
- Should NOT be relied upon as the basis for any investment decision.
7.3 No Personalized Advice
Our Content is general in nature and is NOT tailored to your individual circumstances. We do not know and have not evaluated:
- Your financial situation, income, assets, or liabilities;
- Your investment objectives, goals, or time horizon;
- Your risk tolerance or capacity for loss;
- Your tax situation or tax bracket;
- Your personal circumstances, needs, or preferences;
- Your investment knowledge or experience;
- Whether any particular investment is suitable for you.
You should consult with qualified professionals, including a registered investment adviser, certified financial planner, accountant, attorney, and/or tax advisor, before making any investment decisions.
7.4 Past Performance Disclaimer
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
Any historical returns, track records, backtested results, expected returns, projected returns, performance data, or probability projections presented through the Service:
- May not reflect actual future performance;
- Do not guarantee that similar results will be achieved in the future;
- May differ materially from actual results due to market conditions, timing, fees, taxes, slippage, and other factors;
- Should not be the primary basis for any investment decision.
All investments involve risk, including the potential loss of principal. The value of investments can go down as well as up, and you may receive less than you originally invested.
7.5 Investment Risks
Investing in securities involves significant risks, including but not limited to:
- Market Risk: The value of securities may decline due to general market conditions, economic factors, or events affecting specific sectors or companies.
- Volatility Risk: Securities prices may fluctuate significantly over short periods.
- Liquidity Risk: You may not be able to sell securities quickly at a fair price.
- Company-Specific Risk: Individual companies may underperform, decline in value, or become worthless due to poor management, competitive pressures, regulatory actions, fraud, bankruptcy, or other factors.
- Timing Risk: The timing of purchases and sales can significantly affect returns.
- Concentration Risk: Investing in a limited number of securities increases risk.
- Execution Risk: There is no guarantee that you will be able to execute trades at the prices shown in our Content.
YOU COULD LOSE SOME OR ALL OF YOUR INVESTMENT. ONLY INVEST MONEY THAT YOU CAN AFFORD TO LOSE.
7.6 Your Sole Responsibility
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS.
Open Channel Media LLC:
- Does NOT execute trades on your behalf;
- Does NOT have access to your brokerage accounts;
- Does NOT manage your money or investments;
- Does NOT guarantee any investment outcomes or returns;
- Is NOT responsible for any investment decisions you make;
- Is NOT liable for any investment losses you incur.
By using the Service, you acknowledge and agree that:
- Any decision to buy, sell, or hold any security is made by you alone;
- You have independently evaluated the risks of any investment;
- You bear full responsibility for the consequences of your investment decisions;
- We shall have no liability for any losses resulting from your reliance on our Content.
7.7 Positions Disclosure
Open Channel Media LLC, its owners, members, managers, officers, employees, contractors, affiliates, and their family members (collectively, "Related Parties") may hold positions in securities discussed in the Service. Related Parties may:
- Buy or sell securities before, during, or after the publication of Content discussing such securities;
- Hold long or short positions in securities discussed;
- Benefit financially from price movements in securities discussed.
Such trading activity may affect the prices of securities and may create actual or potential conflicts of interest. We have no obligation to disclose our specific positions or trading activity.
7.8 No Guarantee of Accuracy
While we strive to provide accurate and timely information, we do not warrant or guarantee the accuracy, completeness, timeliness, reliability, or availability of any Content. Information may contain errors, omissions, or become outdated. Market data, prices, and other information may be delayed or inaccurate.
You are responsible for independently verifying any information before relying on it for investment decisions.
7.9 Third-Party Data
The Service may include data, information, or content from third-party sources, including but not limited to stock prices, financial data, news, and analysis. We do not control, verify, or endorse such third-party information and make no representations or warranties regarding its accuracy or reliability.
8. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPEN CHANNEL MEDIA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY — We make no warranty that the Service or Content is fit for sale or suitable for any commercial purpose.
- IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE — We make no warranty that the Service or Content will meet your specific requirements or be suitable for your particular investment objectives.
- IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT — We make no warranty that the Service or Content does not infringe the intellectual property rights of third parties.
- WARRANTIES OF ACCURACY OR COMPLETENESS — We make no warranty that the Content is accurate, complete, current, reliable, or error-free.
- WARRANTIES OF RESULTS — We make no warranty that the Service will produce any particular investment results or that you will achieve any investment gains.
- WARRANTIES OF AVAILABILITY — We make no warranty that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
- WARRANTIES REGARDING THIRD-PARTY CONTENT — We make no warranty regarding the accuracy, reliability, or quality of any third-party content, data, or services.
We do not warrant that the Service will meet your expectations or that any errors will be corrected. Your use of the Service is at your sole risk.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Limitation of Liability
9.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEN CHANNEL MEDIA LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE FOR ANY:
- INDIRECT DAMAGES — Including but not limited to loss of profits, revenue, income, business, goodwill, data, or anticipated savings;
- INCIDENTAL DAMAGES — Including but not limited to costs of cover, substitute goods or services, or procurement costs;
- SPECIAL DAMAGES — Including but not limited to damages that were not reasonably foreseeable;
- CONSEQUENTIAL DAMAGES — Including but not limited to damages resulting from the use or inability to use the Service;
- PUNITIVE OR EXEMPLARY DAMAGES — Including but not limited to damages intended to punish or make an example of us;
- INVESTMENT LOSSES — Including but not limited to any losses arising from your investment decisions, trades, or reliance on our Content;
WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Liability Cap
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR ANY CONTENT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED DOLLARS ($100.00 USD).
This limitation applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, and regardless of whether we were advised of the possibility of such damages.
9.3 Basis of the Bargain
You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in these Terms:
- Reflect a fair and reasonable allocation of risks between you and us;
- Form an essential basis of the bargain between you and us;
- Apply even if any limited remedy fails of its essential purpose.
Without these limitations, we would not provide the Service at the current subscription price.
9.4 Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Indemnification
10.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless Open Channel Media LLC and its owners, members, managers, officers, directors, employees, agents, contractors, affiliates, licensors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- Your access to or use of the Service;
- Your violation of these Terms;
- Your violation of any applicable law, regulation, or third-party right;
- Your investment decisions, trades, or investment activities;
- Any Content you submit, post, or transmit through the Service;
- Any claim by a third party arising from your use of the Service or redistribution of Content;
- Your negligence, willful misconduct, or fraudulent activity.
10.2 Indemnification Procedure
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such event, you agree to cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.
11. User Conduct
11.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with all applicable federal, state, local, and international laws, regulations, and rules, including but not limited to securities laws and regulations.
11.2 Prohibited Conduct
You agree that you will NOT:
- Use the Service for any illegal purpose or in violation of any applicable law or regulation;
- Make any false or misleading statements or engage in any conduct intended to manipulate the price of any security, in violation of Section 9(a)(2) of the Securities Exchange Act of 1934, 15 U.S.C. § 78i(a)(2), or any other applicable law;
- Engage in market manipulation, insider trading, front-running, or any other fraudulent, deceptive, or manipulative practice;
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
- Use the Service to solicit, advertise, or promote any goods or services;
- Transmit any viruses, malware, worms, Trojan horses, or other harmful code;
- Interfere with or disrupt the Service, servers, or networks connected to the Service;
- Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks;
- Use any robot, spider, scraper, crawler, or other automated means to access the Service or collect data;
- Circumvent, disable, or interfere with any security, access control, or copy protection features;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Forge headers or manipulate identifiers to disguise the origin of any content or communication;
- Harvest, collect, or store personal information about other users;
- Engage in any conduct that is abusive, harassing, threatening, defamatory, or otherwise objectionable.
11.3 Enforcement
We reserve the right, but have no obligation, to monitor your use of the Service for compliance with these Terms. We may, in our sole discretion and without prior notice:
- Remove or refuse to post any Content for any reason;
- Suspend or terminate your access to the Service;
- Report suspected violations of law to appropriate authorities;
- Cooperate with law enforcement investigations.
12. Third-Party Links and Content
12.1 Third-Party Links
The Service may contain links to third-party websites, applications, or services that are not owned or controlled by us ("Third-Party Services"). We provide such links solely as a convenience and do not endorse, approve, or assume any responsibility for any Third-Party Services.
12.2 No Responsibility
We have no control over, and assume no responsibility for:
- The content, privacy policies, or practices of any Third-Party Services;
- The accuracy, reliability, or quality of information provided by Third-Party Services;
- Any products, services, or transactions available through Third-Party Services;
- Any damages or losses caused by your use of or reliance on Third-Party Services.
12.3 Your Responsibility
If you access any Third-Party Services, you do so at your own risk and are subject to the terms and conditions and privacy policies of those Third-Party Services. We encourage you to review the terms and policies of any Third-Party Services before using them.
13. Privacy
13.1 Privacy Policy
Your privacy is important to us. Our Privacy Policy, available at saturdaysignal.com/privacy, describes:
- The types of information we collect from you;
- How we use, share, and protect your information;
- Your choices regarding your information;
- Your rights under applicable privacy laws.
13.2 Incorporation by Reference
The Privacy Policy is incorporated into and made a part of these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.
13.3 California Privacy Rights
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, and the right to opt out of the sale or sharing of your personal information. For more information about these rights and how to exercise them, please see our Privacy Policy or contact us at privacy@saturdaysignal.com.
13.4 Data Retention
We retain your personal information for as long as your account is active or as needed to provide you the Service. After termination of your account, we may retain certain information as required by law, for legitimate business purposes (such as resolving disputes, enforcing our agreements, or for record-keeping), or as otherwise described in our Privacy Policy. Aggregated or anonymized data that does not identify you may be retained indefinitely.
13.5 Electronic Communications
By creating an account or using the Service, you consent to receive electronic communications from us, including:
- Confirmation emails regarding your subscription and transactions;
- Service-related emails, including Picks, alerts, and updates;
- Renewal reminder emails;
- Important notices regarding your account or the Service;
- Marketing communications (from which you may opt out).
You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
14. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
14.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you and we agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally.
To initiate informal resolution:
- You must send a written notice describing the Dispute to: support@saturdaysignal.com with the subject line "Dispute Notice," or by mail to: Open Channel Media LLC, 1712 Pioneer Ave STE 500, Cheyenne, WY 82001.
- We will contact you at the email address associated with your account.
The parties shall attempt to resolve the Dispute through good faith negotiations for a period of sixty (60) days from the date the notice is received. If the Dispute is not resolved within sixty (60) days, either party may proceed with formal dispute resolution as set forth below.
14.2 Binding Arbitration Agreement
YOU AND OPEN CHANNEL MEDIA LLC AGREE THAT, EXCEPT AS PROVIDED IN SECTION 14.5, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, INCLUDING THE FORMATION, INTERPRETATION, BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.
This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, claims arising out of or relating to:
- Your use of the Service or any Content;
- Any investment decision or investment loss;
- Any subscription, billing, refund, or cancellation dispute;
- Any claim for breach of contract, negligence, fraud, or misrepresentation;
- Any claim under any federal, state, or local statute, regulation, or ordinance.
14.3 Arbitration Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by this Agreement. The AAA Rules are available at https://www.adr.org or by calling 1-800-778-7879.
The arbitration shall be:
- Conducted by a single neutral arbitrator selected in accordance with the AAA Rules;
- Held in Cheyenne, Wyoming, unless the parties mutually agree to a different location, or conducted by telephone, video conference, or based on written submissions, as determined by the arbitrator or as required by the AAA Rules for claims under a certain dollar threshold;
- Conducted in the English language;
- Governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.
The arbitrator shall have exclusive authority to resolve all Disputes, including disputes regarding the scope, enforceability, or validity of this arbitration agreement. However, a court of competent jurisdiction shall have exclusive authority to determine (i) whether the class action waiver in Section 14.6 is enforceable, and (ii) issues relating to the enforceability of the waiver of representative claims in Section 14.6.
14.4 Arbitration Fees and Costs
For claims of $10,000 or less initiated by you, we will pay all AAA filing fees, administration fees, and arbitrator fees. For claims over $10,000, payment of fees shall be governed by the AAA Rules. Each party shall bear its own attorneys' fees and costs, unless the arbitrator awards fees and costs to the prevailing party as permitted by applicable law.
Notwithstanding the foregoing, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees shall be governed by the AAA Rules, and you agree to reimburse us for all fees we paid on your behalf.
14.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may:
- Assert claims in small claims court if the claims qualify and remain in small claims court;
- Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information;
- Seek public injunctive relief in a court of competent jurisdiction, as such relief may not be waived under California law pursuant to McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017).
14.6 Class Action Waiver
YOU AND OPEN CHANNEL MEDIA LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION AGAINST US.
Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.
Notwithstanding the foregoing, this class action waiver does not apply to claims for public injunctive relief to the extent such waiver is unenforceable under applicable law. If a court or arbitrator determines that the class action waiver is unenforceable as to a particular claim or request for relief, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that such claim or request for relief shall proceed in a court of competent jurisdiction rather than in arbitration.
California Private Attorneys General Act (PAGA): To the extent permitted by law, you and we agree that any PAGA claim shall be resolved on an individual basis in arbitration. If this waiver of representative PAGA claims is found unenforceable, then any representative PAGA claim shall be severed and stayed pending resolution of any individual claims in arbitration, consistent with Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022), and subsequent applicable law.
14.7 Jury Trial Waiver
BY AGREEING TO THESE TERMS, YOU AND OPEN CHANNEL MEDIA LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
This jury trial waiver applies to all claims, whether in court or in arbitration, and regardless of whether you opt out of the arbitration agreement.
14.8 Opt-Out Right
You have the right to opt out of this arbitration agreement. To opt out, you must send written notice of your decision to opt out to:
Email: support@saturdaysignal.com (subject line: "Arbitration Opt-Out")
Mail: Open Channel Media LLC, Attn: Arbitration Opt-Out, 1712 Pioneer Ave STE 500, Cheyenne, WY 82001
Your opt-out notice must be postmarked or received within thirty (30) days of the date you first accept these Terms. Your notice must include:
- Your full legal name;
- The email address associated with your account;
- A clear statement that you wish to opt out of the arbitration agreement in these Terms.
If you validly opt out, neither you nor we will be required to arbitrate Disputes, but all other provisions of these Terms (including the class action waiver and jury trial waiver in Sections 14.6 and 14.7) will remain in effect. If you do not opt out within thirty (30) days, you will be bound by this arbitration agreement.
Opting out of arbitration will not affect your ability to use the Service or any other aspect of your relationship with us.
14.9 Statute of Limitations
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR ANY CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY. Any claim or cause of action not filed within this one (1) year period is permanently barred.
14.10 Survival
This arbitration agreement shall survive termination of these Terms and your use of the Service.
14.11 Severability
If any provision of this Section 14 is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If the entirety of this Section 14 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 15.2 shall govern any action arising out of or related to these Terms.
15. Governing Law and Jurisdiction
15.1 Governing Law
These Terms and any Dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles.
Notwithstanding the foregoing, the Federal Arbitration Act, 9 U.S.C. §§ 1–16, shall govern the interpretation and enforcement of Section 14 (Dispute Resolution and Arbitration).
15.2 Jurisdiction and Venue
For any claims not subject to arbitration under Section 14, you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Laramie County, Wyoming. You waive any objection to jurisdiction or venue in such courts, including any objection based on forum non conveniens.
15.3 International Use
The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws, including but not limited to export and import regulations.
15.4 Export Controls and Sanctions Compliance
You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and that you are not on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all applicable export and import laws, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC).
16. Changes to Terms
16.1 Right to Modify
We reserve the right to modify, amend, or update these Terms at any time in our sole discretion.
16.2 Notice of Material Changes
If we make material changes to these Terms, we will:
- Post the updated Terms on the Service with a revised "Last Updated" date;
- Notify you by email at least thirty (30) days before the changes take effect.
Material changes include, but are not limited to, changes to pricing, billing, refund policies, arbitration provisions, or limitation of liability.
16.3 Acceptance of Changes
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription in accordance with Section 5.
16.4 Non-Material Changes
For non-material changes (e.g., typographical corrections, clarifications), we may update these Terms at any time without prior notice. The "Last Updated" date at the top of these Terms indicates when the Terms were last revised.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies, guidelines, or agreements expressly incorporated by reference, constitute the entire agreement between you and Open Channel Media LLC regarding the Service and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether oral or written.
17.2 Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable:
- That provision shall be enforced to the maximum extent permissible;
- The invalid, illegal, or unenforceable portion shall be deemed severed from these Terms;
- The remaining provisions shall continue in full force and effect.
17.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Open Channel Media LLC.
17.4 Assignment
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void.
We may assign, transfer, or delegate any of our rights or obligations under these Terms without your consent, including in connection with a merger, acquisition, sale of assets, reorganization, or similar transaction.
These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
17.5 No Third-Party Beneficiaries
These Terms are for the sole benefit of you and Open Channel Media LLC. Nothing in these Terms, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy.
17.6 Relationship of Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and us. Neither party has authority to bind the other or to incur any obligation on behalf of the other.
17.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
17.8 Notices
Notices to You: We may provide notices to you by:
- Email to the address associated with your account;
- Posting on the Service;
- Any other reasonable means.
Notices sent by email are deemed given when sent if sent to a functioning email address.
Notices to Us: You may provide notices to us by:
- Email: support@saturdaysignal.com
- Mail: Open Channel Media LLC, 1712 Pioneer Ave STE 500, Cheyenne, WY 82001
Notices are deemed given when actually received by us.
17.9 Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, earthquakes, floods, fires, or severe weather;
- War, terrorism, civil unrest, or armed conflict;
- Epidemics, pandemics, or public health emergencies;
- Government actions, laws, regulations, embargoes, or orders;
- Labor disputes, strikes, or work stoppages;
- Failure or interruption of third-party services, including internet service providers, hosting providers, or payment processors;
- Power outages or utility failures;
- Cyberattacks, hacking, or other malicious interference.
17.10 Electronic Signature and Agreement
You acknowledge and agree that:
- By clicking "I Agree," "Subscribe," "Create Account," or any similar button, or by accessing or using the Service, you are entering into a legally binding agreement;
- Your electronic signature, whether by clicking, typing your name, or other electronic means, is the legal equivalent of your manual signature on a paper contract, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act (UETA);
- You consent to conducting transactions electronically and to receiving notices and disclosures electronically;
- You have the ability to print or save these Terms for your records.
17.11 Language
These Terms are written in English. Any translated versions are provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall control.
17.12 Construction
These Terms shall be construed without regard to any presumption or rule requiring construction against the drafting party. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation." The word "or" is not exclusive. References to "days" mean calendar days unless otherwise specified.
18. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Service, please contact us:
Open Channel Media LLC
Address:
1712 Pioneer Ave STE 500
Cheyenne, WY 82001
United States
General Inquiries: support@saturdaysignal.com
Privacy Inquiries: privacy@saturdaysignal.com
Copyright/DMCA: copyright@saturdaysignal.com
Website: https://saturdaysignal.com
Acknowledgment
BY ACCESSING OR USING THE SERVICE, CREATING AN ACCOUNT, OR CLICKING "I AGREE" OR ANY SIMILAR BUTTON, YOU ACKNOWLEDGE THAT:
- You have read these Terms of Service in their entirety;
- You understand these Terms, including the arbitration agreement, class action waiver, and investment disclaimers;
- You voluntarily agree to be bound by these Terms;
- You are of legal age and have the legal capacity to enter into this Agreement;
- You understand that the Service provides general information only and does not constitute personalized investment advice;
- You are solely responsible for your own investment decisions and any resulting gains or losses;
- You consent to the use of electronic records and signatures.
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