Welcome to The Motley Fool! We hope you'll enjoy being a part of our Foolishness -- such as Fool.com, our subscription newsletters and their special websites, our discussion boards, CAPS, and whatever else we come up with (each a “Service,” and collectively, the "Services"). But first things first: By using the Services, you're agreeing to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 13. These Terms govern your use and access to the website and all our Services. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of The Motley Fool and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.
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1. Registration
Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with The Motley Fool. In other words, it's one registration per person. The only exception to this rule is if you wish to create more than one CAPS profile, in which case you may have a corresponding number of registrations. Any other use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse, or otherwise trick us or our members, is a breach of these Terms and Conditions.
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6. CAPS
CAPS is The Motley Fool's service that allows you to make predictions about stocks, see others' predictions, aggregate community opinions, and track their accuracy. By putting together lots of information from a variety of sources, we hope to provide participants with a way to a) have fun and b) learn to make better investment decisions.
You should not assume that the opinions that people express in CAPS are the opinions of The Motley Fool or anything other than the opinions of the individuals expressing them.
When you look at other people's predictions, you should remember that those people may have interests in the stocks that they're making predictions about. For example, some people may hope a company's stock will go up because they own many shares of it; others may hope that it will rise because they (or their sister) work for the company; others may hope that the stock will rise because that will increase their CAPS score and their international prestige. When you review people's predictions (or the stock tips you see on television or hear in the supermarket), you should not assume that the person making a prediction is unbiased or independent. One of the beauties of CAPS, though, is that you can see the performance of people's predictions over time and, we hope, distinguish sound analysis from self-serving nonsense.
Motley Fool employees may participate in CAPS and they may have interests in the stocks about which they make predictions. Employees display their positions in their online TMF profiles at Fool.com. Any predictions made by Fool employees are their own. They are not speaking on behalf of our company and these predictions are not Motley Fool recommendations.
7. Intellectual Property
All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of The Motley Fool and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on The Motley Fool. This includes message boards, blogs, CAPS picks, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features. You can find out more information on copyright law and the Internet at www.templetons.com/brad/copymyths.html.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 1995-2018 [or whatever the current year is] The Motley Fool. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without The Fool's prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication. You can make or end your own CAPS picks at any time, but those picks, their scoring history, your scoring history, and data aggregated by CAPS remain the property of The Motley Fool.
You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content, including CAPS ratings, for use on another website or service (including our own personal forums and blogs). In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our premium Services, stock picks, and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. So please don't do it.
Please note that notwithstanding the foregoing, when you post content (such as a message-board post or CAPS pitch), you are not somehow surrendering your copyright in your expression, but you are granting us an unlimited license to use it. Specifically, by posting content, you agree that The Motley Fool has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our websites. This includes the rights to syndicate and make derivative works out of your content. If you don't want us to use or republish your content, then please don't post it on our websites. We'll only republish your content in context, and we'll credit you as author (unless we're using small quotations). We won't republish your posts in advertising without your permission. And we promise not to mock you unless it would amuse us.
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Some features of our site are patented under U.S. Patent No. 7,813,986 and U.S. Patent No. 7,882,006.
8. Conduct
The Motley Fool champions active and open debate among our members. All we ask is that it's done in a lawful and civil manner -- be it posting on our boards, commenting on blogs or articles, replying to CAPS pitches, or using our system to contact a fellow member in any way.
Accordingly, you agree to use The Motley Fool for lawful purposes only. You may not use or allow others to use your Fool membership to:
- Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
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Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.
The Motley Fool may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership, remove any individual CAPS picks, delete any CAPS players, remove any CAPS scorecards, or take any action for violating the above (and, if we may say so, sensible) provisions or otherwise taking an action disruptive to a Service. In the event TMF terminates your premium Service, you will receive a prorated refund at our discretion.
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If you see something that you feel is a violation of the Fool's Rules, please notify us by emailing [email protected].
9. No Personalized Advice
We want to help you make money. However, The Motley Fool is not in the business of rendering personalized investment advice. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. Accordingly, you agree that any recommendation or action taken by a Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you should seek a registered investment advisor.
The Motley Fool may partner with third parties in order to make buying our Services' recommendations easier for you. We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.
Affiliates of The Motley Fool provide individualized investment advice and investment products. These companies may recommend or hold securities mentioned in our publications. Editorial personnel have no nonpublic knowledge of our affiliates' holdings and/or specific recommendations, and the affiliates’ personnel have no knowledge of any editorial content before it is published.
10. You Bear Responsibility for Your Financial and Investment Decisions
One of the principal tenets here at the Fool is that the best person to handle your finances is you. By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The Motley Fool, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.
11. Disclaimer of Warranties and Liabilities
Please read The Motley Fool's Disclaimer, which is incorporated herein by reference.
The Motley Fool provides a very broad range of information and commentary via its many Services. Consequently, as a result of the diverse opinions of our staff, a Fool Service may, from time to time, take actions or issue recommendations with regard to specific securities that are different from those taken or issued by another Service we provide.
The Motley Fool does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. And although we have the hardest-working, most talented techies in the business, The Motley Fool makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, education, and entertainment. Other than that, we reserve the right to be wrong, stupid, or even foolish (with a small "f").
Now what does all this mean? It means that you agree that under no circumstances will The Motley Fool, its employees, or its agents be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on our Websites, or arising from or related to these Terms or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering any of our Services. This disclaimer of liability does not apply in New Jersey.
The Fool relies on various sources of information that we believe to be accurate and reliable. There are also literally thousands of contributors here -- most, we believe, with incredibly interesting and insightful information and opinions to share. But we can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by The Motley Fool is to be used on an "as is, with all faults, we're not perfect" basis.
Obligatory Capitalized Disclaimers of Liability:
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That was tiresome, but important.
12. Communication
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by writing to General Counsel, The Motley Fool, LLC, 2000 Duke Street, Alexandria, VA 22314.
13. Dispute Resolution by Binding Arbitration and Class Action Waiver
If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email [email protected] with your concern and The Motley Fool will contact you via the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
EXCEPTIONS
Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of Virginia: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.
OPTING OUT
You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at The Motley Fool, LLC, 2000 Duke Street, Alexandria, VA 22314, Attention: Legal Department. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
14. Your Agreement to These Terms
You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.
15. Everything Else
If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the Commonwealth of Virginia (except with respect to choice of law).You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the Eastern District of Virginia or the appropriate Virginia court.
Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.
Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Motley Fool and govern your use of our sites.
Last Updated: January 24th, 2023https://www.fool.com/legal/stuff-we-own/