ThinkBig, a wholly-owned subsidiary of SmartyOps LLC, provides mobile application-based education stock and options services to self-directed investors.
- This Site may include or make available (1) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (2) market data1 such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (3) financial and investment interactive tools, such as alerts or calculators; (4) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by us or owned by Third Party Providers (defined below); and (7) any other information, content, services, or software. certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively, the “Third-Party Providers”).
- Content or Third Party Content may include, without limitation, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the “Forums”). Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.
2. Acceptance of Terms and Conditions
- In these TOU, “SmartyOps LLC” “ThinkBig”, “us”, “we”, or “our” refer to “ SmartyOps LLC” “ThinkBig”, The Family Cookout moderators, advisors, contributors or similar representatives. “User” or “you” refer to any Family Cookout cousin visitor to the Site. Additional TOU may apply if you subscribe to any Services offered by this Site.
- These TOU are between you and us.
- By using the Service and the Content, you agree to follow and be bound by these TOU. If you disagree with any of the TOU in any way, do not use this Site.
- We reserve the right to make and post changes to these TOU on the Site at any time without notification.
3. Educational Purposes Only: Not Investment Advice or Investment Recommendations
- This Site is to be used strictly for educational purposes only. The Site does not provide financial, investment, legal or tax advice or recommendations.
- You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation before making financial decisions as each User’s situation is unique.
- If you base your investment decisions on the educational content on this Site, there is a chance that you may lose all or part of your money and we are not liable.
4. Rights and License Grant
- The Site and its Content are protected by copyright, trademark, and other proprietary laws. See our Copyright Notice.
- Content is provided exclusively for educational, personal and noncommercial access and use.
- No part of the Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without owner or licensor’s express prior written consent.
- You acknowledge that we are the sole owner of the Site and the Red Team Marks or Content and that other Marks or Content are the property of their respective owners. You agree that you will not use any Marks or Content for any purpose without the prior express written consent of the respective owners.
5.Site and Services
- There is no guarantee that access to this Site or Services or the Use of this Site or Services will be error free or uninterrupted.
- We are not liable for any feature being inaccessible or for any unavailability of this Site or Services. The Site and or its features within Site may be expanded, limited or modified at any time by us to meet the needs of us or our Users, or for technical or other reasons, without notice.
- At our sole discretion, and at any time, we may discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice.
- Access to some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems.
- We assume no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User’s system, the Internet network or any other cause.
- We do not provide information or services to minors. If you are under 18 you may only use this Site and/or the Services with the active involvement and written consent of a parent, guardian or other supervising adult.
7.Content, Disclaimer and Limitations of Liability
- The content or any related services on the Site are provided on an “AS-IS” and “AS AVAILABLE” basis, and may be used at User’s sole risk.
- Posted Content is published as of its stated date or, if no date is stated, the date of first posting. We and/or Third-Party Providers have undertaken any duty to update any such information.
- You will not hold Us and/or any Third-Party Provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content; ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of Us and/or Third-Party Provider, or iv) non-performance.
- We make no guarantees as to the accuracy, thoroughness or quality of the information, content or data on this Site.
- We do not prepare, edit, or endorse Third Party Content.
- We do not guarantee the accuracy, timeliness, completeness or usefulness of Third-Party Content, and are not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.
- We and/or Third-Party Providers do not make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes.
- We and/or Third-Party Providers do not make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
- You are advised to verify any Content and or information the Site or Service displays.
- You will not hold us and/or any Third-Party Provider liable in any way for (1) any inaccuracy of, error or delay in, or omission of the Content; or (2) any loss or damage arising from or occasioned by a) any error or delay in the transmission of such Content; b) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or 3) to any other cause beyond the reasonable control of Third-Party Provider, or 4) non-performance.
- WE AND THE THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF US OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
- You release and agree to indemnify and hold harmless Us, and the Third-Party Providers, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, Third Party Content), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
8. U.S. Residents Only
- This Site and Content is intended and relevant for U.S. residents and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries.
- It is your responsibility to determine whether, how and to what extent your intended use of the Content and/or Services will be technically and legally possible in the areas of the world where you intend to use them.
- This Site and Content shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
9. Account Creation, Modification and Termination
- Some of the Content or Services may require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.
- We and/or the Third-Party Providers may discontinue or modify the Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless Us and/or the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.
- We shall not be liable to you or any third party for the termination or suspension of the Service or the Content, or any claims related to such termination or suspension. You release and agree to indemnify and hold harmless Us, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.
10. Prohibited Conduct
- The following activities are strictly prohibited:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, (1) a Third-Party Provider manager, employee, agent, or representative or (2) forum leader, guide or host;
- falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;
- upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or transmit unsolicited commercial email or “SPAM,” including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as: (1) sending mass email to recipients who haven’t requested email from you or with a fake return address; (2) promoting a site with inappropriate links, titles, or descriptions; or (3) promoting any site by posting multiple submissions in forums that are identical;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
- “stalk” or otherwise harass another;
- collect or store personal data about other users of the Service;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
- promote, offer for sale or sell any security or item, good or service that: (1) violates any applicable federal, state, or local law or regulation; (2) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations; or (3) Us or the Third-Party Providers determine, in their sole discretion, is inappropriate for sale;
- Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site;
- use the Site as a forwarding service to another website;
- Engaging in “screen scraping,” “database scraping,”; and/or;
- When you visit our Site, use any of our Content or Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, and in-website chat communications.
- All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you.
- We will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of us, Third Party Providers and Users. Any such notices may also include emails with promotional, marketing, and advertising information that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account or other services that may be necessary to provide you with any one of the Services.
- This Site may collect personal information from some Users. Please review our Privacy Statement to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information.
- You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- We not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties.
- Proprietary Rights
- We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. For U.S. users, if you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- infringed, or, if the claim involves multiple works on the website, a representative list of such works.
- Identification of the copyrighted work you believe to have been infringed, or, if the claim involves multiple works on the website, a representative list of such works.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- You may submit your DMCA Notice to Contact Us Form.
15. Applicable Law and Venue; Severability
- If any provision of these TOU is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of the remaining provisions.