Terms and Conditions

1. Introduction:

This website www.kalkine.com (the “Website”) is owned and operated by Kalkine Equities LLC (“Kalkine”, “we”, ”us”, “our”).

This page sets out the terms and conditions on which you may use this Website and the content/services available on the Website and our related networks, mobile or software application (“App”). Access to and use of this Website, our App and the products and services available through our Website and App (collectively, the “Service”) is subject to the following terms and conditions. By continuing to use the Service, the customer herewith agrees:

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KALKINE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND KALKINE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY KALKINE AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE: Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND KALKINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 20.)

2. Eligibility:

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

3. Acceptable Use:

You must not:

(a)     use the Service in any way or take any action that causes, or may cause, damage to the Service or content or impairment of performance or integrity of the Service;

(b)     Use or encourage, promote or facilitate others to use the Service in any way that is illegal, unlawful or fraudulent, or in connection with any harmful activity;

(c)     systematically copy or extract any part of the content or other information or data contained in the Service, (whether by printing off onto paper, storing on disk or in any other way);

(d)     use any automated tool (e.g., robots, spiders) to use the Service or store, “scrape”, data mine, copy, modify, distribute or resell, any content from the Service.

(e)     reproduce, modify, distribute, transfer, retransmit, disseminate, sell, publish, broadcast, nor grant any rights in or create any derivative works based on the Service and anything available from the Service for use in connection with creating, promoting, trading, marketing investment products on a service bureau basis or otherwise without the express written consent of Kalkine or its information providers; or use or access the Service without permission;

(f)      attempt to or actually disrupt, impair, interfere with, circumvent, or hack into any aspect or feature of the Service including any security or access control mechanism, or introduce any security threats into or through the Service;

(g)     corrupt data;

(h)     cause annoyance to or collect any information about other users;

(i)      infringe upon the rights of any other third party or entity;

(j)      send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

(k)     attempt to affect the performance or functionality of any computer facilities of (or accessed through) our Website.

4. Nature of service:

(a)      Kalkine provides content via the Service for informational purposes only, and the content does not take into account your investment objectives, financial situation or needs. No information provided through the Service should be viewed as a recommendation to you regarding any transaction in or the value of any investments.

(b)    Information provided on the Service can be accessed without becoming a subscriber. However, if you wish to subscribe to our reports, you will need to become a subscriber by providing us with your contact details and paying the relevant subscription fee.

(c)     Each subscription must be paid in full prior to starting the subscription period.

5. User Identification and password:

To become a subscriber, you are required to create an account. When you create an account, you may be required to provide us with some information about yourself, such as your name, email address, billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are responsible for maintaining the confidentiality and security of your account and password and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us as support@kalkine.com. Kalkine reserves the right to disable your account and/or access to the Service at any time [upon receiving notice of your violation of these Terms].

6. Refund Policy and Pricing:

(a)      Price: We reserve the right to determine pricing for subscription offerings and can review and alter our prices for any subscription at any time. We will make reasonable efforts to keep pricing information published on the Website up to date and our current pricing list is available here. We encourage you to check on our Website periodically for current pricing information. We may change the fees for any feature of the Service, including additional fees or charges. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our subscribers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

(b)     Authorization: You authorize Kalkine to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Kalkine, including all applicable taxes and/or processing fees charged by the issuing bank or payment provider, to the payment method provided by you at the time of making the purchase.  If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to our Service.

(c)     Subscription Service: Each subscription must be paid in full prior to starting the subscription period. If you have purchased a subscription and wish to cancel the Services, you can do so by notifying us within seven (7) days from taking out your subscription by sending an email to support@kalkine.com. We think Kalkine reports are great but understand that it may not be the right stock market subscription for you. Kalkine offers a 100% money back guarantee on subscriptions within seven (7) days of taking out a membership. This money back guarantee is available only for new subscribers and not applicable to past or existing subscribers. The marking on the post (sent for the cancellation confirmation) must be within seven (7) days from the date of subscription being taken. Subscription refunds are strictly not allowed after seven (7) days from the subscription payment. Cancellations may be made by sending an email to support@kalkine.com or by providing written notice posted to: Kalkine: 50 California St, Suite 1500, San Francisco, CA, United States of America, United States, 94111

7. Ownership and Intellectual Property:

(a)    Ownership; Proprietary Rights: Except as expressly provided in these Terms, Kalkine exclusively own all right, title and interest in and to the Website, App and the Service, including all associated intellectual property rights. All content other than user content, including all features, software, graphics, design, code, compilation of user content, aggregate reviews and ratings, and all other components of the Service remain the property of Kalkine and/or its licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Kalkine are protected by intellectual property and other laws. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

(b)   Trademarks: All trademarks, service marks, logos, trade names and any other proprietary designations of Kalkine used herein are trademarks or registered trademarks of Kalkine and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kalkine. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners.

8. Licenses:

(a)     Limited License: All Materials published on the Service are owned or provided under licence by Kalkine and is protected by copyright and other intellectual property laws. Access to the Service does not grant users any form of intellectual property right or ownership over the contents of the Service.

You are granted only a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) install and use one object code copy of any App obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (ii) access and use the Service, and to use this information solely for your personal, non-commercial purposes.

(b)   Feedback: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Kalkine an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

9. Third Party Terms:

(a)    Third Party Services and Linked Websites: Kalkine may provide tools through the Service that enable you to export information, including user content, to third party services). By using one of these tools, you agree that Kalkine may transfer that information to the applicable third-party service. Third party services are not under Kalkine’s control, and, to the fullest extent permitted by law, Kalkine is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Kalkine’s control, and Kalkine is not responsible for their content.

(b)     Third Party Software: The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third party licenses.

10. Communications:

(a)    Calls and Text Messaging: Kalkine and those acting on our behalf may call, email, or send you text (SMS) messages at the phone number and email address you provide us. These calls, messages, and emails may include information about your use of the Service, as well as marketing content.

(b)     How to Opt-out: You may opt out of all calls to your wireless number by asking not to receive future calls on any call that you receive from us or on our behalf, or by [sending an email to support@kalkine.com indicating that you no longer wish to receive such texts or calls along with the phone number of the mobile device receiving the calls.] You may opt out of marketing calls to your landline number by making a do not call request on any call that you receive, or by [sending an email to support@kalkine.com indicating that you no longer wish to receive marketing calls on your landline, along with the landline phone number receiving the calls.] [You may opt out of receiving marketing and/or operational emails or text messages at any time by following the opt-out instructions in the emails or text messages or by [sending an email to support@kalkine.com indicating that you no longer wish to receive such emails or texts along with the phone number of the mobile device receiving the texts. You may continue to receive text messages for a short period while Kalkine processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you.

(c)    Push Notifications: When you install our App on your mobile device, you agree to receive push notifications, which are messages our App may send you on your mobile device when our App is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

(d)     Email: We may send you emails concerning out products and services, as well as those of third parties including for marketing and promotional purposes. Our email marketing is permission based. If you received a mailing from us, it is because you are a client or have otherwise agreed to be contacted by providing your consent for marketing purposes. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11. Accessibility and Availability of Service:

While we make every effort to ensure that Kalkine network is available continuously, Kalkine does not assume any liability nor warrants that the access to the Service will be uninterrupted or error-free. Kalkine is not liable in any way whatsoever for any interruptions, failures or faults that may occur on the Service.

12. Term, Termination and Modification of the Service:

(a)     Term: These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12(b).

(b)    Termination: If you violate any provision of these Terms, Kalkine may contact you to notify you of your breach, and your authorization to access the Service and these Terms will automatically terminate. In addition, Kalkine may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by deleting your account by contacting customer service at support@kalkine.com. Kalkine reserves the right to take any appropriate legal action against you in connection with your breach of these Terms and may disclose information to law enforcement or regulatory authorities as necessary for Kalkine to comply with statutory or regulatory obligations.

(c)     Effects of Termination: Upon termination of these Terms: (i) your usage rights will terminate, and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access your account or the Service.

13. Disclaimer and Warranties:

(a)     Generally: The information Kalkine provides via the Service is general information only and it does not take into account your investment objectives, financial situation or needs. The information available on the Service has been prepared from a wide variety of sources, which Kalkine, to the best of its knowledge and belief, considers accurate. All information represents our views as at the date of publication and may change without notice.

Please note that Kalkine is not in the business of providing personalized advice and is not registered as an investment adviser under US federal or state law. The information provided via the Service is general information only and, in providing the information, Kalkine is not a fiduciary to you or providing you any form of advice that is tailored to your investment objectives. Before making any type of investment, you should consider whether the investment is appropriate to your investment objectives, financial situation and needs before acting upon it. You should seek advice from a financial advisor, stockbroker or other professional (including taxation and legal advice) as necessary before acting on any information provided via the Service. Not all investments are appropriate for all people.

Please note that past performance is neither an indicator nor a guarantee of future performance. The value of an investment and the income from it can go down as well as up and investors may not get back the amount invested.

(b)    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KALKINE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KALKINE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, ACCURATE, RELIABLE COMPLETE, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KALKINE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR KALKINE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE KALKINE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Kalkine does not disclaim any warranty or other right that Kalkine is prohibited from disclaiming under applicable law.

14. Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE KALKINE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KALKINE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 20(b) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE KALKINE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO KALKINE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (II) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Indemnity:

(a)     You agree to indemnify, defend and hold harmless Kalkine, its directors, officers, employees, consultants, agents, subsidiaries, and affiliates (together, the “Kalkine Entities”), from any and all third-party claims, liability, damages, losses or costs (including, but not limited to, reasonable legal fees) arising directly or indirectly in connection with or from:

(i)      your access to and use of our Service, the Website, or the App;

(ii)     reliance by you on any information provided on or accessed via our Service, the Website or the App;

(iii)    your breach of any portion of the Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

(iv)    your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right

(v)      any dispute or issue between you and any third party.

(b)     We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

16. Waiver:

(a)     If we fail to exercise or delay in exercising any right, power or remedy, or if we fail to require performance of any provision, we do not waive any right, including right to require performance, power or remedy.

(b)     If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

17. Assignment:

These Terms, and any rights and licences granted to you under these Terms, cannot be transferred or assigned by you, in whole or in part, by operation of law or otherwise, without our prior written consent, and any assignment made in violation of these Terms shall be deemed null, void, and of no effect. We may assign these Terms at any time without notice or consent.

18. Severability:

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions.

19. Governing Law:

These Terms are governed by and construed in accordance with the law in force in California and you, by agreeing to these Terms, are deemed to have submitted to the personal and non-exclusive jurisdiction of the courts of California and state courts and federal courts located in San Francisco, California and courts of appeal from those courts. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Our Website and App are directed at a United States of America (“USA”) audience, yet it may be accessible from outside of the USA. We do not warrant nor make any representation that our Website and App complies with the laws (including intellectual property laws) of any country outside of the USA. If you access our Website or App from outside the USA, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or App.

20. Dispute Resolution and Arbitration:

Dispute Resolution: Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Kalkine and limits the manner in which you can seek relief from us.

(a)    Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the Service, or to any aspect of your relationship with Kalkine, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Kalkine may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

(b)   Arbitration Rules and Forum: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Mengxin Cui, Chugh LLP at 1902 Campus Commons Drive., Suite# 440, Reston, VA 20191, USA. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at (800) 352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Kalkine will pay them for you. In addition, Kalkine will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

(c)      You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(d)    Authority of Arbitrator: The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Kalkine. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

(e)   Waiver of Jury Trial: YOU AND KALKINE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Kalkine are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 20(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(f)     Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims will be arbitrated.

(g)    30-Day Right to Opt Out: You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@kalkine.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Kalkine username (if any), the email address you used to set up your Kalkine account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(h)    Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

(i)    Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Kalkine.

(j)       Modification: Notwithstanding any provision in the Agreement to the contrary, we agree that if Kalkine makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Kalkine at the following email address: support@kalkine.com.

21. Support Services:

Kalkine’s Account Managers are available between 9:00 am and 5:00 pm (Pacific Standard time) on normal business days at +1 415-450-6569 or contacting us at support@kalkine.com. Please understand that, at times, our Account Managers may experience a larger than usual influx of phone calls and emails, which may result in our delayed response. Thank you in advance for your understanding and patience. To ensure fairness, we will answer your emails and phone calls in the order we receive them.

Kalkine’s Account Managers are not able to provide financial advice. All information provided by our Account Managers is general in nature and does not take into account your specific needs or financial situation. If you have a question about a specific investment, please seek advice from a professional licenced financial advisor.

22. General Terms:

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Kalkine regarding your use of the Service. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

23. Privacy Policy:

Please read the Kalkine Privacy Policy at https://kalkine.com/cms/privacy-policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Kalkine Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

24. Additional Terms:

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

25. Complaint Resolution:

This Service is offered by Kalkine Equities LLC, located at 50 California St, Suite 1500, San Francisco, CA, United States of America, United States, 94111. Kalkine is committed to providing a transparent and accessible service to everyone we deal with, and we hope to make your experience with us an excellent one. If you have a complaint about any of our Service, you are encouraged to contact us at support@kalkine.com with full details of your complaint. We will aim to resolve and provide a substantive response within 15 business days of receipt.

26. Consent to Electronic Communications:

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

27. Notice to California Residents:

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

28. Support:

As part of a paid subscription package, you may have the option to call and speak to an account manager with questions about your subscription or Materials available on the Service. Unless your subscription provides for such an option, we are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

29. Changes to Terms of Use:

We may modify, update or otherwise alter the Terms at any time and (where acting reasonably) to amend, remove or vary the Service or any page of our Website or App. Changes to the Terms including changes in pricing will be notified to members via updated Terms being published on the Website or via email notification to clients. Material modifications are effective upon the earlier of your receipt of notice or acceptance of the modified terms. Immaterial modifications are effective upon publication. As you are bound by these Terms, we recommend that you periodically refer to them. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

30. Notice Regarding Apple:

This Section 30 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Kalkine only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any queries relating to these Terms, please contact our customer service department.

Please email:  support@kalkine.com 

Phone: +1 415-450-6569

You can also write to us at: 50 California St, Suite 1500, San Francisco, CA, United States of America, United States, 94111

Disclaimer:

Kalkine Equities LLC is authorised to provide general advice only. The information on this Website does not take into account any of your investment objectives, financial situation or needs. Before you make a decision about whether to acquire a financial product, you should obtain the Product Disclosure Statement from the product issuer. You should consider the appropriateness of advice taking into account your own objectives, financial situation and needs and seek independent financial advice before making any financial decisions.

Kalkine Media LLC, an affiliate of Kalkine Equities LLC may have received, or be entitled to receive, financial consideration in connection with providing information about certain entity(s) covered on its website.

Last Updated: 13/04/2023