myStockPlan.com, Inc. ("myStockPlan" or "we"), the developer of myStockOptions.com and myCompanyStock.com (separately or together "the website" or "the site"), is giving you access to its online pages, including access to articles, FAQs, the glossary, the discussion forum, calculators, modeling tools, the online stock option tracker, and other content and tools appearing here. By using the website, you agree to the following terms and conditions. By accessing myCompanyStock.com and/or receiving reports produced by their advisors from myStockOptions.com, financial advisors' clients who use myCompanyStock.com and/or who receive such content or reports from financial advisors also agree to the terms below.
RELIANCE ON INFORMATION PROVIDED. This website is designed to provide general educational information in regard to the subject matter covered. myStockPlan does not provide personalized guidance or advice on financial, tax, accounting, or legal subjects. In publishing this website, neither the authors of individual articles nor myStockPlan are engaged in rendering legal, accounting, financial, or other professional services.
Legal, tax, and financial-planning concepts are complex, and it is impossible to describe or program for every rule or exception that may apply to every person. To make the tools and content understandable to people who are not lawyers or accountants, we have simplified our explanations. Therefore, for personal legal, tax, or financial-planning advice or other expert assistance, you should seek the services of a competent professional.
The information contained in this website and in our email communications cannot be used, and are not intended by myStockPlan to be used, for the purpose of avoiding any penalty that the Internal Revenue Service might assess in challenging any tax treatment discussed in our content.
myStockPlan believes its tools and content to be useful, reliable, and current, but accuracy or completeness is not guaranteed. For example, display of the latest stock quotes may be delayed as required by stock exchanges or other information providers. Further, our providers furnish information to us without warranting its accuracy, and you agree that errors contained in such data for use in the calculators and modeling tools shall not be the basis for any claim, demand, or cause of action against myStockPlan or any of its providers. Although we try to keep up with changes in the law and tax codes and to update our own content and tools accordingly, myStockPlan does not undertake any responsibility to immediately update the content and tools on this website to reflect changes in the law.
myAlerts email notices are provided by myStockPlan as an educational resource. myStockPlan.com, Inc., shall not be liable for any errors, delays, or other problems in sending or receiving these emails or in the data they contain, or on any actions taken or not taken in reliance on them.
STOCK PRICE DATA. The stock price data have been obtained from wwquote.com, which collects data from various providers (collectively, "data providers") through sources believed to be reliable. We cannot guarantee the accuracy or the timely delivery of the stock price data. There will be delays, and there may be omissions or inaccuracies. You agree that neither the data providers nor any agent, subsidiary, or representative shall have any liability, contingent or otherwise, for the truthfulness, accuracy, or timeliness of the stock price data, or for any decision made or taken by you in reliance upon the stock price data.
LIMITATIONS ON USE. You will not copy, post, adapt, or reverse-engineer the content, interactive features, tools, or technology of the website in any format without an express written license from myStockPlan. Content in myStockOptions.com Pro (MSO Pro) can be sent only to clients with profiles that you have entered in MSO Pro.
LIMITATIONS ON USER NAME AND PASSWORD. Your account with myStockOptions.com is for your use only and can be accessed only by you. myCompanyStock.com can be accessed only by you and the clients you have entered into MSO Pro. The sharing of user names and passwords is against the terms and conditions of myStockOptions.com.
DISCUSSION FORUMS. You will not post abusive, threatening, harassing, infringing, or defamatory material; advertising material; or material that directly solicits business or attempts to recruit employees. All messages become the property of myStockPlan, and we can use and republish these messages and arbitrarily remove any posts we deem inappropriate. Please use common sense in determining whether to rely to any responses to your posts.
LINKS; REFERENCES. This website contains hyperlinks to websites operated by parties other than myStockPlan. These links are provided for your convenience and reference only. myStockPlan does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites' operations or any endorsement or approval of the services, merchandise, materials, or contents available from or on these sites.
This website also contains descriptions of and references to products, services, and firms. These references do not imply endorsement of those products, services, or entities. Under no circumstances shall any of the myStockPlan providers be liable for any loss or damage caused by a user's relying on or being exposed to information obtained from or contained on the website. It is the user's responsibility to evaluate the information, advice, or other content available through the website and any products, services or firms referenced here.
FEES. You may use certain portions of this website without charge for as long as they are made available without a fee. For other portions of the website (or applicable services and features) you or your company must pay the applicable fee to become either a Premium Member or an MSO Pro Member, depending on the subscription level you purchase. This membership may not be shared with others. To receive more than five continuing-education credits from our self-study courses and exams, you must either commit to a one- or two-year paid membership or have a paid monthly membership that you have renewed at least twice.
REFUNDS FOR MANUALLY INITIATED PREMIUM MEMBERSHIPS. No refund will be given for a one-month Premium Membership that you have manually initiated. If you cancel a one- or two-year Premium Membership (whether a new membership, an upgrade, or a manually effected renewal), a minimum fee equal to the price of a one-month subscription is nonrefundable. A pro-rated refund will be calculated by subtracting from the whole cost of the subscription the higher of either (1) an amount that corresponds to the used portion of the subscription term or (2) the price of a one-month subscription. Credit-card charges more than 120 days in the past cannot be refunded.
REFUNDS FOR UNWANTED AUTOMATIC RENEWALS OF PREMIUM MEMBERSHIPS. The only exception to the refund rules stated above occurs if the following three conditions are true: (1) your subscription has been automatically renewed, (2) you contact us within 30 days of receiving the credit-card statement that lists the charge, and (3) you have not used the site since the renewal date. Credit-card charges more than 120 days in the past cannot be refunded.
REFUNDS FOR MSO PRO MEMBERSHIPS. The fee for a one-year subscription to MSO Pro Membership is fully refundable within 30 days from the start or renewal date of the subscription. For complete cancellations of an MSO Pro Membership after this 30-day period, a pro-rated refund will be calculated by subtracting from the whole cost of the subscription an amount that corresponds to the used portion of the subscription term, with a minimum payment equal to the cost of a Premium Membership. Fractional refunds are not available for a reduction in the client limit during the subscription term. Credit-card charges more than 120 days in the past cannot be refunded.
UPGRADES TO PREMIUM MEMBERSHIP AND TO MSO PRO. A regular individual Premium Membership to myStockOptions.com may be purchased for one month, one year, or two years; one year is the only available subscription term for the membership level MSO Pro, which carries the benefits of Premium Membership and lets you track and model grants for multiple clients. If you have a regular paid Premium Membership and purchase an upgrade to MSO Pro, your new MSO Pro membership term begins on the date of the upgrade: your expiration date moves to one year from the upgrade date, restarting the subscription clock at the new membership level. You will receive a pro-rated credit for the unused portion of your regular Premium Membership.
CALCULATION OF FEES FOR RAISING CLIENT LIMIT IN MSO PRO. MSO Pro offers the ability to track and model grants for 5, 10, 25, or more clients, and the subscription fee rises with the client limit. If you are a member of MSO Pro and increase your client limit, your full account term moves forward one year from the date you purchase the additional clients. Your previously purchased client accounts are added to your new client limit. You will receive a credit for the remaining period on the prior number of client accounts you purchased.
Example: On January 1 you join MSO Pro with a limit of 5 clients. On July 1, you decide to increase your client limit to 25 clients. You start a new one-year term for 25 clients from July 1. The portion of your fee for the unused 50% of the prior subscription (i.e. for the six months from July 1 to January 1) will be credited back in your total charge calculation.
REDUCING CLIENT LIMIT IN MSO PRO. If you want your MSO Pro Membership to renew automatically at a lower client limit (and thus a lower fee) than that of the prior subscription term, you can decrease your client limit before the renewal. However, fractional refunds are unavailable for your current membership, so a reduction in your client limit does not entitle you to a pro-rated refund of the fee you paid for the higher client limit.
AUTOMATIC RENEWAL OF SUBSCRIPTIONS. Automatic renewal of subscriptions is an industry standard in online publishing (examples include The Wall Street Journal Online and various publications by Oxford University Press). Any subscription to myStockOptions.com begins immediately after you pay the applicable fee with a credit card over our secure server. myStockOptions.com will automatically renew your subscription when it expires unless you cancel automatic renewal by selecting the appropriate option in My Account at any time during your subscription.
To automatically renew your subscription, myStockOptions.com will retain your credit-card data after the initial transaction and charge your credit card for the appropriate amount at the time of the renewal. At any time during your subscription, you may delete or change your credit-card data in the section of the website entitled myAccount. Deleting your credit-card data cancels the next automatic renewal of your subscription. If your membership is scheduled for autorenewal but your credit card has an expiration date in the past, for your convenience we will try to process your autorenewal with a future expiration date.
SECURITY OF CREDIT-CARD DATA. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we apply physical, electronic, and managerial procedures to safeguard and secure the data we collect online. All credit-card information is stored in an encrypted format in a password-protected database. All transactions to or from myStockOptions.com which include credit-card information are protected with industry-standard SSL 128-bit encryption.
GENERAL DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS, OR AGAINST INFRINGEMENT. Your only remedy for any failures or other problems with the website is to cease using it and to report the problem to us. We will evaluate your report but make no promise that all problems will be corrected.
myStockPlan has taken reasonable security precautions regarding the electronic transmission of data and communications. However, we cannot guarantee that this data will not be intercepted. You agree that myStockPlan has no duty to confirm or verify the authority or propriety of any information or instructions given to it by any user of or visitor to the website, and that myStockPlan may assume proper authority for, and act without liability upon, any instructions it receives.
Some states do not allow the disclaimer of implied warranties, so the above disclaimers may not apply to you in all instances.
LIMITATION OF LIABILITY. None of the staff, consultants, contractors, or third-party content-providers of myStockPlan shall be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability and UNDER NO CIRCUMSTANCES SHALL MYSTOCKPLAN OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, including, but not limited to, damages due to: loss of data, income, or profit; loss of or damage to property; claims of third parties; reliance by a user on information obtained from myStockPlan or any linked site; errors, omissions, or interruptions; deletion of files or email; defects, viruses, delays in operation or transmission, or any failure of performance; communications failure; and theft, destruction, or unauthorized access to myStockPlan's records, programs, or services. You agree that this paragraph shall apply to all content, merchandise, and services available through the website.
Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitations may not apply to you in all instances.
TRADEMARKS. The terms myStockPlan, myStockPlan.com, myStockOptions, myStockOptions.com, myCompanyStock.com, and other marks and logos displayed at the website (excluding those identified as the property of third parties) are trademarks and service marks of myStockPlan and may not be used without its express written permission. myStockOptions.com is a federally registered trademark.
COPYRIGHT. The website content, including all text, images, logos, icons, and software, are the property of myStockPlan or its suppliers and are protected by US and international copyright laws. The reproduction, modification, distribution, transmission, display, performance, or other use of such materials, except as expressly permitted by myStockPlan, are strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY. It is myStockPlan's policy to respond promptly to claims of copyright infringement, and to remove, or disable access, to infringing material. If you believe that any of the content or materials appearing on this website contain infringing materials or infringing property, please send a notice to the contact information shown below.
Your notice should contain the following: a physical or electronic signature of a person authorized to act on behalf of the copyright owner ("claimant"); identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number, or email address of the claimant; a statement that the claimant has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright-owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
APPLICABLE TERMS AND LAWS. myStockPlan.com Inc. operates its business and website from its headquarters in Massachusetts. As such, the laws of the Commonwealth of Massachusetts will govern these terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our website and these disclaimers, terms, and conditions at any time (including the imposition of fees for access to the website or use of certain services) by any reasonable form of notice (including posting or emailing notices of change); and your continued use of the website after such notice shall constitute acceptance of these modifications.
TERMINATION. Notwithstanding the above, myStockPlan may terminate your account, and your access to this website, in the event of any actual or suspected breach of these terms and conditions, or any impropriety, violation of law, or other good cause.
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