Terms of Use

Updated: April 24, 2020

Please read this Agreement (“Agreement”) before using Stoney Point’s website.

Our Privacy Policy is incorporated into this Agreement by reference.

INITIAL MATTERS AND DEFINITIONS:

Access and Participation. “Stoney Point Capital LLC”, “Stoney Point Capital”, “Stoney Point”, “we,” “us” and “our” means Stoney Point Capital LLC. “You” and “your” mean the user of stoneypointinvest.com (the “Website”) or any other information, services, documents, or communications provided by Stoney Point (“Materials”). This Agreement is made between Stoney Point Capital LLC and you (“you”). Your access of, use of, and/or subscription to stoneypointinvest.com indicates your agreement to be bound by the terms and conditions included in this Agreement. If you do not wish to agree to the terms of this Agreement or the terms of our Privacy Policy, please do not access or use stoneypointinvest.com, the Materials, or any other information provided by Stoney Point.

Contact. Please contact Stoney Point using our contact form with any questions about this Agreement or the Privacy Policy incorporated herein by reference.

Subsequent Changes to Policy. In our sole discretion, except as limited by law, we may change this Agreement periodically with or without providing notice to you. Subsequent changes to this Agreement are effective immediately upon their publication on stoneypointinvest.com. If you choose to continue to access stoneypointinvest.com after the publication of subsequent changes to this Agreement, your continued use indicates your acceptance of the changes. It is your responsibility to review this Agreement periodically to maintain an up-to-date knowledge of the terms herein.

TERMS:

Age Matters. The Materials provided on stoneypointinvest.com and by Stoney Point via other means or in other fora is not intended for individuals under the age of 18. Stoney Point does not intentionally collect information from such individuals. If you are under 18 you must seek and obtain permission from your parent or legal guardian prior accessing the Materials on stoneypointinvest.com or from Stoney Point via other fora, and prior to submitting information to stoneypointinvest.com.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. Without prior notice or cause, Stoney Point may terminate your access to the stoneypointinvest.com, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Conflicts and Disclosure Policy. We do hold positions in individual at the time they are published as Prime or Select picks in Stoney Point’s Materials or on stoneypointinvest.com. Stoney Point does not accept payment or remuneration of any form for including particular stocks among our Prime or Select picks, or for listing, discussing, disseminating information about particular stocks in any communications from Stoney Point or in any of Stoney Point’s Materials.

Privacy. Please read our Privacy Policy for information about the data we collect, and other matters. Your use of stoneypointinvest.com indicates your consent to our Privacy Policy, and it is your sole responsibility to review the policy regularly to maintain your familiarity with its terms, which may change periodically.

Code of Conduct. While using the Materials or any other information contained on stoneypointinvest.com or published, provided, communicated, and/or disseminated by Stoney Point by other means, you agree to comply with all applicable statutes and regulations. While using the Materials or any other information contained on stoneypointinvest.com or published, provided, communicated, and/or disseminated by Stoney Point by other means, you agree not to use the Materials or other information for any unlawful purpose; claim that your own statements are approved by or endorsed by Stoney Point without its prior written consent; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Materials, Website, or other information provided by Stoney Point; remove any copyright, trademark, or other proprietary rights notices contained in the Materials, Website, or other information provided by Stoney Point; copy the Materials or permit anyone else to use any of the Materials or subscribers-only content on the Wesbite through your subscription and/or credentials.

Ownership and Restrictions on Use. The Materials and any other information contained on the Website or published, provided, communicated, and/or disseminated by Stoney Point by other means are the property of Stoney Point, or used by Stoney Point with others pursuant to contractual arrangements. You may only access and use the Materials or other information contained on the Website or in any other communications from or publications by Stoney Point for your personal use. In the absence of our prior written agreement, you may not copy or disseminate Materials from Stoney Point in any way. You agree that you do not obtain ownership of the Materials and any other information contained on the Website or published, provided, communicated, and/or disseminated by Stoney Point by other means through your use or your subscription(s).

Geographical Matters. The Materials and any other information contained on the Website or published, provided, communicated, and/or disseminated by Stoney Point by other means is intended for an audience comprising residents of the United States of America. You agree that in your use of the Materials and any other information contained on the Website or published, provided, communicated, and/or disseminated by Stoney Point by other means you are responsible for your compliance with statutes and rules applicable to your jurisdiction, and your use is at your own risk. At out option, we may preclude your use of the Materials and any other information contained on Website or published, provided, communicated, and/or disseminated by Stoney Point by other means.

Links to Other Websites. Stoney Point may include on the Website means, including hyperlinks, of accessing third-party websites, the practices, policies, and contents of which Stoney Point is not responsible and has no control. Your access to, use of, and activities on such websites, even if accessed via stoneypointinvest.com, is your sole responsibility.

DISCLAIMERS:

No Warranties and Limitation of Liability. Under no circumstances shall Stoney Point or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Materials and any other information contained on the Website or published, provided, communicated, and/or disseminated by Stoney Point by other means, whether or not damages were foreseeable and whether or not Stoney Point was advised of the possibility of such damages.

Views Expressed. The views, thoughts, and opinions expressed in the text of the Materials, on the Website, or in communications from Stoney Point belong solely to the author(s), and not necessarily to any persons or organizations affiliated with the author(s) or with Stoney Point.

Past Performance. Past performance may not be indicative of future results and hypothetical, counterfactual, or backtested past performance may not be indicative of performance achievable or realizable when actual circumstances or conditions differ from circumstances or conditions assumed in hypothetical, counterfactual, or backtested performance measures. You acknowledge your understanding that Stoney Point commenced publication of its Prime stock picks, Select stock picks, and any other stock pick or set of stock picks after April 24, 2020. You understand that performance measures and other results published or advertised by Stoney Point assessing the performance of its stock picks or strategies that are annotated, labeled, or designated “hypothetical,” ”counterfactual,” “backtested,” “simulated,” “illustrative”, or, in the absence of these or similar designations, relate to assessing the performance of Stoney Point’s stocks or strategies prior to April 24, 2020, are not representative of actual investments made, recommended, or published by Stoney Point. As regards such performance measures, to the extent Stoney Point provides them, Stoney Point endeavors to clearly communicate the hypothetical, counterfactual, backtested, simulated, and/or illustrative nature of such measures, and to identify the inputs and assumptions underlying or giving rise to such measures or results. You are solely responsible for individual determination as to whether such inputs and assumptions are realistic, and therefore the extent to which the performance measures or results published, communicated, and/or disseminated by Stoney Point could have been achievable in your particular circumstances. Stoney Point provides no guarantees, express or implied, as to the performance of its Prime stock picks, Select stock picks, or any other stock picks or any other possible investments analyzed or discussed by Stoney Point on the Website or in any other communications, and you acknowledge that the exact performance of any such stock picks or possible investments depends on individual factors (such as your own trading arrangements and assets under management, among other factors). You further acknowledge that investments involve risk, and investments in equities involve a higher element of risk compared to some other asset classes. You acknowledge that you understand and agree that the Materials and any other information discussed by Stoney Point on the Website or in any other communications are impersonal and for information purposes only and are not investment advice, and that it is your sole responsibility to consult your licensed investment adviser about the suitability of any investment or investment strategies for you given your investment objectives.

Errors and Omissions/Use at Your Own Risk. Except as limited by statute, Stoney Point makes no warranties about the completeness, reliability, and accuracy of the Materials or other information contained on the Website or provided by Stoney Point in other communications. You agree that Stoney Point endeavors to use reliable data sources and perform true and accurate calculations, and provides such information and operates in good faith, you acknowledge that data and calculations may be subject to error. The information on this site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness, or timeliness and without any warranties of any kind whatsoever, express or implied. Any action you take upon the information on this website or other information communicated or published by Stoney Point is strictly at your own risk, and we will not be liable for any losses and damages in connection with the use of our Materials, Website, publications, or communications.

Fair Use. In some cases, Stoney Point’s Materials, publications, and communications contain and/or rely upon information based on material from third-party sources (“Third-Party Material”). Where such Third-Party Material is used, it is (i) factual, (ii) used for information or research purposes illustrating the hypothetical historical performance of certain investment strategies or investments, and/or, (iii) if it copyrighted material the use of which has not been specifically authorized by the copyright owner, substantially transformed by Stoney Point. We believe the use of any such material to have no impact or a negligible impact on the marketplace(s) or potential marketplace(s) of the Third-Party Material. We believe this constitutes “fair use” of any such Third-Party Material as provided for in Title 17 U.S.C. Section 107. If you wish to use copyrighted material form this site for purposes of your own that go beyond “fair use,” you must obtain permission from the copyright owner.

If you believe that the Materials or other information provided by Stoney Point on the Website or in other communications or publications or the use of any information obtained from Stoney Point infringing, please contact Stoney Point’s agent via our contact form. In response to any valid request we will respond expeditiously to remove, or disable access to, the material or information that is claimed to be infringing or to be the subject of the infringing activity.

Do Your Own Research. The content included on stoneypointinvest.com or in any of Stoney Point’s publications and communications is intended to be used and must be used for informational purposes only. It is paramount to do your own analysis before making any investment based on your individualized investment objectives and investment needs. You should consult your professional, licensed, registered investment adviser about the suitability of any of the Materials and any other information contained on stoneypointinvest.com or published, provided, communicated, and/or disseminated by Stoney Point by other means.

No Investment Advice. Stoney Point is not a broker/dealer, Stoney Point is not investment adviser, and Stoney Point provides no material non-public information about publicly traded companies or any other investment opportunity. None of the Materials or other information provided by Stoney Point on the Website or in other communications or publications are intended to constitute investment, tax, accounting or legal advice, an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The Materials and any other information contained on the Website or published, provided, communicated, and/or disseminated by Stoney Point by other means should not be relied upon for purposes of transacting securities or other investments. Stoney Point is unable to and does not assess or guarantee the suitability or performance of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of your professional, licensed, registered investment adviser before making any investment.

OTHER MATTERS:

Remedy. Your sole remedy for dissatisfaction with the Materials or other information provided by Stoney Point on the Website or in other communications or publications is to cease using Materials or other information. The sole, exclusive maximum liability for all damages, losses, and any causes of action whether in contract, tort, including, without limitation, negligence, or otherwise shall be the total amount paid by you, if any, to access the Materials or other information.

Indemnification. You agree to indemnify, defend and hold Stoney Point Capital LLC, its affiliates, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your breach of this Agreement, any allegation that any materials that you submit to us or transmit infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party, and/or your activities in connection with the Materials.

Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, the content of the Materials or other information provided by Stoney Point on the Website or in other communications or publications or the use of any information obtained from Stoney Point, regardless of the medium of transmission, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Washingong, District of Columbia. District of Columbia law shall apply. The prevailing party in an arbitration between you and Stoney Point shall be entitled to reimbursement of reasonable attorneys’ fees and costs and the arbitrator shall include an amount of attorneys’ fees and costs in the award.

Jurisdiction. This Agreement is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Washington, District of Columbia, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any dispute not otherwise governed by the agreement to arbitrate contained herein.

Severability. In the event that any term or provision of this Agreement is found to be unlawful, void, or unenforceable for any reason, then that term or provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms or provisions. This Agreement is not assignable, transferable or sublicensable by you except with the prior written consent of Stoney Point or its registered agent. You agree that the prevailing party in any court proceeding shall be entitled to an award of reasonable attorneys’ fees and costs.

Waivers. Waiver by either party of any breach or default hereunder shall not be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted for the convenience of the reader and does not define, explain, or limit any section, term, or provision included in this Agreement. This, together with all of Stoney Point’s policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.