Terms of use
A. Use of the Website
The Website is intended only for your personal, non-commercial use and display. You may download information from the Website to your computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright, trademark or other notices contained therein.
1. No Recommendations or Advice Provided
Stock Donator facilitates the ability of Non-Profit Organizations to receive stock donations. Stock Donator does not make recommendations or offer investment, legal or tax advice of any kind. Stock Donator provides the content of the Website for informational, educational and noncommercial purposes only. Although Stock Donator may provide data, information and content relating to investment approaches, you should not construe any such information as investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the Website before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold Stock Donator or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website. To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this website (including any links videos, or otherwise) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purposes of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matter or transaction described herein.
2. Website Content
Stock Donator offers content from third-party providers on the Website. This content includes, but is not limited to, financial market data, tax data, quotes, news, analyst opinions and research reports (the “Content”). Stock Donator does not endorse or approve the content, and we make it available to you only as a service and convenience. Stock Donator and third-party providers do not guarantee the accuracy, timeliness, completeness, or correct sequencing of the content or warrant any results from your use or reliance on the content. The content may quickly become unreliable for various reasons including, for example, changes in market conditions, laws, rulings, or economic circumstances. Neither Stock Donator nor the third-party providers are obligated to update any information or opinions contained in any of the content. Stock Donator may discontinue offering its services on the Website at any time without notice. You agree that neither Stock Donator nor the third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any service on the Website. You will not redistribute or facilitate the redistribution of any content, nor will you provide access to the content to anyone who is not authorized by Stock Donator to receive the content.
3. Hyperlinking from the Website
In the event you use the hyperlinks included on the Website to gain access to a World Wide Web site or Internet location or source of information on any company organization or person other than Stock Donator or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Stock Donator and agree that Stock Donator shall not be responsible for any information or other hyperlinks found at any such World Wide Web site or Internet location or source of information or for your use of such information. Stock Donator provides such links only as a convenience to you and has not tested any software or verified any information found at such sites. The fact that Stock Donator has provided a link to another site does not signify an endorsement of the site or its contents by Stock Donator. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Website.
4. Electronic Recording
In connection with your use of this Website, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and Stock Donator or its representatives or agents. You acknowledge and consent to the recording, retention and use by Stock Donator (and its employees, representatives and agents) of all information and data that you input during your use of the Website or during any communication.
5. . Electronic Communications
The Website provides you Stock Donator e-mail addresses so that you may communicate electronically by sending an e-mail message to Stock Donator. All e-mail sent to and from Stock Donator will be received or otherwise recorded by the Stock Donator corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Website may involve the electronic transmission to any e-mail address you provided to us of information that you may consider to be personal financial information, and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information.
B. Agreement Regarding Transactions
1. Limited Attorney in Fact
By Using Stock Donator Services, you agree to appoint Stock Donator, Inc. a California Corporation as your attorney in fact for the purposes of facilitating any Transactions using the Stock Donator Services. Stock Donator, Inc. shall be entitled to sign and date any documents using your electronic signature on your behalf in order to complete such Transaction. This power of attorney is limited in scope to the Transactions authorized by you online through the Website and for allowing Stock Donator to accept stock donations and liquidate or transfer such donations in accordance with Organization’s instructions.
2. Market Timing Risk
The stock market is a volatile market with daily swings in prices. Due to inefficiencies in the transfers of stock between brokerage firms, the price of a stock on the date in which a stock donation is initiated to Stock Donator may not be the same as the price on the date as when the stock donation is received by Stock Donator and there may be a loss or gain in value due to this delay. Sometimes this delay can take a few weeks or more depending on your brokerage firm. You hereby agree that you are aware of and understand these fluctuations and you further hold Stock Donator harmless from any losses or gains that result from or are related to any such delays or from such market conditions.
3. Transaction Timing / Tax Receipts / Confirmations /Statements
Stock Donator sends out confirmations and records information for each Transaction that it processes. Due to inefficiencies in the transfers of stock, the date in which a stock donation is initiated to Stock Donator may not be the same date as when the stock donation is received by Stock Donator. In connection with each donation, Stock Donator may be providing you with dates and amounts where certain aspects of the transaction happened. You or your CPA may rely on those dates in determining how to treat such transactions. You should ask a professional accountant which date is the effective date for your stock donation and what the effective price was on such date. By the terms of this agreement, you are legally obligated to make the donation on the date when you initiate the donation. Yearly and Monthly Statements will provide you with both the timing of the date where the donation was initiated and completed, it is up to you and your tax advisor to determine which amount to use. Transactions which require electronic transfer of funds in excess of $100,000 will take longer to process due to banking restrictions of electronic transfers of large sums of money.
4. Binding Agreement to Transfer
In exchange for allowing you to use the Stock Donator services, you agree that upon receiving confirmation from Stock Donator that a transaction has been initiated, you are hereby irrevocably accepting upon yourself the obligation to complete such Transaction and will take any further actions necessary to complete the transaction. You agree that the anticipated donee is a third party beneficiary of this agreement for these purposes and will be entitled to take legal action to enforce the completion of any Transaction.
5. Electronic Signatures
If any documents are needed to complete the Transactions, you agree that by using the Stock Donator services your electronic signature may be used in place of a physical signature.
6. Unauthorized Transactions
You will do everything in your power to stop unauthorized use of your account including keeping your password safe and complex. You are also required to monitor your account periodically to see if there were any unauthorized transactions. All transactions may be escrowed with us for a period of 5 business days before they are liquidated in order to provide you with enough time to confirm there were no unauthorized transactions. By signing up for an account and using Stock Donator services you agree to monitor your account and report any unauthorized transactions within 3 business days. We will do our best to notify you of any Transaction activity on your account using the email address you provided, however this does not relieve you of your obligation hereunder. Additionally, you agree to keep your organization address and wire transfer account numbers up to date and will hold Stock Donator harmless from any transfers made to those addresses and accounts kept on file if such addresses or accounts are incorrect as a result of your failure to update them or due to user input mistakes by you.
7. Fees
There are no maintenance or account opening fees for signing up with Stock Donator. All fees will be assessed only in connection with a transaction. Any fees generated by a transaction are to be paid by the Organization receiving the stock donation. The schedule of fees that is agreed to be paid by the Organization for each transaction is as follows:
a) the greater of (1) $15 per transaction or (2) 1.9% of the total liquidated value of the stocks donated after every transaction, after liquidation and prior to transfer of the funds to the organization.
b) all 3rd party brokerage fees associated with the sale of the securities or transfer of the securities to the Stock Donator account, and
c) depending on the method of delivery of donated stocks, all 3rd party fees charged to Stock Donator or associated with transferring the funds to the receiving organization or transferring the stocks to the receiving organization (as applicable), including but not limited to wire transfer fees. Currently wire transfer fees are $35 per transfer and will be waived for donations of $50,000 or more. Any electronic transfers of over $100,000 may take multiple days to complete due to banking restrictions and may be processed over multiple days.
If an Organization has standing orders to deliver stock to a separate or third party account instead of transferring the proceeds, the organization hereby agrees that in consideration for using the Stock Donator services, it hereby grants Stock Donator the authority to liquidate any stocks it receives by a donor in order to pay the above mentioned fees. Such authority is granted over any stocks donated and not just the stocks for the particular transaction processed.
The Organization agrees that Stock Donator the authority to immediately offset any fees from any donated amounts received prior to distributing the donated amounts to the Organization. All fees will be due and payable immediately upon the initiating of the transaction. Fees may only be modified if agreed to in writing and signed by an officer or director of Stock Donator. You also authorize Stock Donator to send funds either by mail or by wire transfer to the address or account you provided to Stock Donator as applicable, based on your preference for so long as that preference remains unchanged. You agree is your responsibility to keep all addresses and/ or bank account information updated at all times and Stock Donator will assume no liability for delivering funds to an address or account that was provided to us by you.
8. Donation Limits
Stock Donator reserves the right to place limits on the high and low end of the dollar amounts donated and may reject a donation if the market value at the time of donation is too low or too high.
9. Refunded Transactions
If a transaction is refunded due to fraud or an unauthorized transaction or for any other reason, the Organization will hold Stock Donator harmless and will indemnify all legal fees, costs, and expenses including the refunded transaction fees incurred by Stock Donator as a result of such returned transaction.
10. Dividends, Interest, and Unclaimed donations
Any dividends or interest received by Stock Donator on behalf of the Organization while the stocks or donated funds are in Stock Donator’s accounts shall become the property of and belong solely to Stock Donator, Inc. Stock Donator Inc shall be under no obligation to pay such amounts to the Organization. Furthermore, any unclaimed donations of securities or funds, or any securities or funds deposited into Stock Donator’s accounts without written instructions (either through the online form or official non-automated form) to distribute such funds to a specific member Organizations shall become the property of Stock Donator Inc. if they are not claimed by the transfer of such securities or funds, or not otherwise appropriately designated with written instructions (either through the online form or official non-automated form) within 365 days of their being transferred to Stock Donator’s accounts. Stock Donator shall treat any such transfers as a gift to Stock Donator and Organization shall hold Stock Donator harmless and indemnify it from using such funds for any purpose.
C. Organization Accounts
1. Eligibility
In order to be eligible to open an Organization account, you are representing to us that you are an Organization that is in good standing, is a 501(c)(3) or 501(c)(4) organization according to federal tax laws. You also agree that the person who opened the Organization Account has the due power and authority to execute and deliver this agreement on behalf of your organization.
2. Third Party Permissions
By using Stock Donator services, you agree that Stock Donator may use your name and logo in various advertising campaigns and on its website. Stock Donator respects your privacy and will abide by its privacy policy. You also agree that Stock Donator may provide information about you to 3rd parties in order to accomplish the purpose of the Stock Donator services and in order to complete any transaction.
D. Donor Accounts
1. Eligibility
In order to be eligible to open a Donor Account, you must be a US citizen and at least 18 years or older. You hereby agree to the terms of use and are authorized to make the transactions contemplated hereby for the accounts that you provide. You also agree to indemnify and hold Stock Donator harmless from any and all liability that may result from or be caused by the use of the Stock Donator services.
2. Identity Authentication
In order to limit fraud on our system, you hereby authorize Stock Donator to perform any background checks or identity authentications upon your person in order to verify the information provided to us by you. Stock Donator respects your privacy and will abide by its privacy policy.
3. Third Party Permissions
By using Stock Donator services, You agree that Stock Donator may provide certain transaction information about your transactions to others and for reporting and advertising purposes.
You also agree that Stock Donator may provide information about you to 3rd parties in order to accomplish the purpose of the Stock Donator services and in order to complete any transaction.
E. Ownership of Intellectual Property
1. Use of Stock Donator IP
“StockDonator.com,” “Stock Donator” and all logos and taglines related to the Stock Donator Services or used on the website are either trademarks or registered trademarks of Stock Donator or its licensors. You may not copy, imitate or use them without Stock Donator’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Stock Donator. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Stock Donator and the proprietary software placed on your website without prior written consent for the purpose of directing web traffic to the Stock Donator Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Stock Donator or the Stock Donator Services or display them in any manner that implies Stock Donator’s sponsorship or endorsement, unless otherwise agreed to by Stock Donator. All right, title and interest in and to the Stock Donator website, any content thereon, the Stock Donator Services, the technology related to the Stock Donator Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Stock Donator and its licensors. You are notified that the Stock Donator System is a patent pending system, filed as USPTO #61480709 – any infringement of such patented system will be prosecuted to the fullest extent. You agree that you will not use the words “Stock Donator” or any other variant of this trademark in a Google Adwords or similar internet marketing campaign.
2. Stock Donators use of your IP
By opening an Account with Stock Donator, you agree that Stock Donator may use any Intellectual Property (“IP”) you provide in opening your account on the Website. Without limiting the foregoing, Stock Donator may use your tradenames, descriptions, logos or other identifying brands on its website as a promotion or way of attracting business. You explicitly allow Stock Donator to use your name on its home page and on any cross branded landing pages. You also agree that you have all necessary rights and all expressed authority necessary to enter into this agreement for each and every IP that you provide to Stock Donator. You also agree to indemnify Stock Donator from all costs (including attorneys fees) involved in defending Stock Donator from any legal actions arising out of the use by Stock Donator of any of the names, images, or marks that you provide to Stock Donator.
F. Limitation of Liability / Indemnity
1. User’s indemnification of Stock Donator
STOCK DONATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, VIOLATIONS OF PRIVACY, AND THE LIKE) ARISING OUT OF, OR RESULTING FROM THE WORK PERFORMED BY A USER OF THE STOCK DONATOR SERVICES. STOCK DONATOR SHALL NOT BE LIABLE FOR ANY DAMAGES BEYOND THE VALUE OF THE SECURITIES TRANSFERRED USING THE STOCK DONATOR SYSTEM.
TO THE FULLEST EXTENT PERMITTED BY LAW, A USER OF THE STOCK DONATOR SERVICES AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CUSTOMER, STOCK DONATOR, ANY ENTITIES WHICH DIRECTLY OR INDIRECTLY THROUGH ONE OR MORE INTERMEDIARIES CONTROL, ARE CONTROLLED BY, OR ARE UNDER COMMON CONTROL WITH THE CUSTOMER OR STOCK DONATOR, AND THE DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES OF CUSTOMER, THE STOCK DONATOR AND SUCH ENTITIES, ALONG WITH ANY OTHER ENTITY FOR WHOM INDEMNIFICATION BY THE STOCK DONATOR IS REQUIRED UNDER THE MAIN AGREEMENT (THE “INDEMNITEES”), AGAINST ANY AND ALL LIABILITY AND CLAIMS, WHETHER BROUGHT BY IT OR A BY A THIRD PARTY, FOR ANY REASON, EVEN IF SUCH CLAIM OR LIABILITY IS CAUSED IN PART BY THE NEGLIGENCE OF ANY INDEMNITEE, IT BEING THE EXPRESS INTENT OF THE PARTIES THAT THE A USER OF THE STOCK DONATOR SERVICES INDEMNIFY THE INDEMNITEES NOTWITHSTANDING SUCH NEGLIGENCE, BUT NO SUCH OBLIGATION EXTENDS TO ANY INDEMNITEE FOR LIABILITIES, CLAIMS AND EXPENSES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH INDEMNITEE. A USER OF THE STOCK DONATOR SERVICES ALSO AGREES TO INDEMNIFY INDEMNITEES AND HOLD THEM HARMLESS FROM ALL EXPENSES, INCLUDING ATTORNEYS’ FEES, CAUSED BY OR RELATED TO ANY BREACH BY A USER OF THE STOCK DONATOR SERVICES OF THE COVENANTS CONTAINED IN THIS AGREEMENT.
A USER OF THE STOCK DONATOR SERVICES’S OBLIGATION TO INDEMNIFY AGAINST ANY ATTORNEYS’ FEES OR OTHER COSTS OR EXPENSES INCURRED IN CONNECTION WITH THE DEFENSE OF ANY CLAIMS OR CAUSES OF ACTION SHALL BE CONSTRUED AS A SEPARATE ITEM OF INDEMNIFICATION THAT SHALL BE AN ABSOLUTE OBLIGATION OF SUCH USER OF THE STOCK DONATOR SERVICES EVEN IF SUCH CLAIMS OR CAUSES OF ACTION ARE INVALID OR GROUNDLESS, OR ARISE FROM THE SOLE OR PARTIAL NEGLIGENCE OF ANY INDEMNITEE.
G. Privacy / Notices
1. Your Privacy
Protecting your privacy is very important to Stock Donator. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.
2. Privacy of Others
If you receive Information about another donor or Organization through the Stock Donator Services, you must keep the Information confidential and only use it in connection with the Stock Donator Services. You may not disclose or distribute a donor’s Information to a third party or use the Information for marketing purposes unless you receive the donor’s express consent to do so.
3. Notices to You
You agree that Stock Donator may provide notice to you by posting it on our website, emailing it to the email address listed in your Account Profile, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you two Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Stock Donator as described in section 1.7 below. Stock Donator will charge you a Records Request Fee to provide a paper copies. Stock Donator reserves the right to close your Account if you withdraw your consent to receive electronic communications.
4. Notices to Stock Donator
Except as otherwise explicitly stated, any notices by you to Stock Donator must be sent by postal mail to: Stock Donator, Inc., Attention: Legal Department, 1663 Sawtelle Blvd. Suite 220, Los Angeles CA 90025.
H. Miscellaneous
1. Arbitration
In the event a dispute arises between the parties to this Agreement as to the respective rights, duties and obligations arising out of or relating to this Agreement it is agreed that such disputes shall be exclusively resolved through binding arbitration before American Arbitration Association pursuant to the AAA Commercial Arbitration Rules and Mediation Procedures. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the AAA Commercial Arbitration Rules and Mediation Procedures. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
2. No Waiver / Modification
No Waiver / Modification. No waiver by STOCK DONATOR, whether express or implied, of any provision of this Agreement or of any breach or default on USER’S part, shall constitute a continuing waiver or a waiver of any other provision or provisions of this Agreement and no such waiver shall prevent Company from enforcing any and all provisions of this Agreement or from acting upon the same or any subsequent breach of default on Contractor’s part under any provisions of this Agreement. This Agreement and its terms shall not be modified, amended, restated, terminated, supplemented, or rescinded except by an agreement in writing signed by both parties.
3. Severability
Severability. In case any provision in or obligation hereunder shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.
4. Applicable Law
THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES THEREOF.
5. Consent To Jurisdiction & Arbitration Of Disputes
You and STOCKDONATOR, INC. each agree that any and all disputes or claims that have arisen, or may arise, between you and Stock Donator relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Stock Donator services, or any products or services sold, offered, or given to you by Stock Donator shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
a) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND STOCKDONATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND STOCKDONATOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Stock Donator’s right to appeal the court’s decision. All other claims will be arbitrated.
b) Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). Stockdonator will send any Notice to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Stockdonator are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Stock Donator may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. In the event Stockdonator initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Stock Donator account.
Both parties agree that any arbitration hearing shall be held in Los Angeles County. If the value of the relief sought is $10,000 or less, you or Stockdonator may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Stockdonator subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
The arbitrator will decide the substance of all claims in accordance with California law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
c) Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Stockdonator for all fees associated with the arbitration under the AAA’s rules.
d) Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
e) Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Stockdonator prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Stockdonator. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on this website at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
f) Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Stock Donator must be resolved exclusively by a state or federal court located in Los Angeles, California. You and Stockdonator agree to submit to the personal jurisdiction of the courts located within Los Angeles County, CA for the purpose of litigating all such claims or disputes.
6. Assignment / Change of Control
A user cannot assign, transfer, convey, sublet, or otherwise dispose of this Agreement or any part thereof, or its right, title or interest therein, or its power to execute the same, or its interest in process, or delegate, transfer, convey, subcontract, relinquish or otherwise dispose of the whole or any part of its duties under this Agreement, without the consent in writing of Stock Donator.
7. Entire Agreement
The provisions herein constitute the entire agreement between the parties and supersede all prior agreements, oral or written, and all other communications between the parties, including any and all supplier or distribution agreements. No term or condition contained in any document provided by one party to the other party pursuant to this Agreement shall be deemed to amend, modify, or supersede or take precedence over the terms and conditions contained herein.
8. Interpretation, Etc.
Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Section, Appendix, Schedule or Exhibit shall be to a Section, an Appendix, a Schedule or an Exhibit, as the case may be, hereof unless otherwise specifically provided. The use herein of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. Stock Donator reserves the right to make changes to any terms of this agreement at any time without notice other than posting such changes on this website. Any changes or updates become effective immediately upon posting to this site and the Organization agrees to such change by continuing to keep an account active. Please check the “Last Revision” date below to determine if there have been any changes since you have last reviewed our agreement. The terms of this agreement survive the closing of an Organization’s account.
Electronic Communications
This policy describes how Stock Donator delivers communications to you electronically. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
1. Electronic delivery of communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Stock Donator account (“Account”) and your use of our services. Communications include:
- agreements and policies you agree to, including updates to these agreements or policies;
- transaction receipts or confirmations;
- Account statements and history;
- federal and state tax statements we are required to make available to you;
- information about upcoming events, webinars or other news from Stock Donator; and
- any other Account, Stock Donator account, or transaction information.
We will provide these Communications to you by posting them on the Stock Donator website and/or by emailing them to you at the primary email address listed in your Stock Donator profile
2. Hardware and software requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
- a computer with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
- a valid email address (your primary email address on file with Stock Donator); and
- sufficient storage space to save past Communications or an installed printer to print them.
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Stock Donator. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
3. How to withdraw your consent
You may withdraw your consent to receive Communications electronically by writing to us at the address provided in the terms of services. If you fail to provide or if you withdraw your consent to receive Communications electronically, Stock Donator reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account and any sub-account, or charge you additional fees for paper copies.
After you consent to receive Communications electronically, you may withdraw your consent to receive emails from us regarding news, webinars or other marketing material by replying to and opting out of the emails.
4. Requesting paper copies of electronic Communications
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your address in your Stock Donator profile. If you request paper copies, you understand and agree that Stock Donator may charge you a Records Request Fee for each Communication. The Records Request Fee will not be charged if you request a Form 1099-K in paper form; for all other Communications, the Records Request Fee will be $0.29 per page plus all postage.
5. Updating your contact information
It is your responsibility to keep your primary email address up to date so that Stock Donator can communicate with you electronically. You understand and agree that if Stock Donator sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Stock Donator will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Stock Donator to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the Stock Donator website, going to “My Account”, and selecting the “Profile” tab. If your email address becomes invalid such that electronic Communications sent to you by Stock Donator are returned, Stock Donator may deem your Account to be inactive, and you will not be able to transact any activity using your Stock Donator Account until we receive a valid, working primary email address for you.