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Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with The Motley Fool. In other words, it's one registration per person. The only exception to this rule is if you wish to create more than one CAPS profile, in which case you may have a corresponding number of registrations. Any other use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse or otherwise trick us or our members, is a breach of these Terms and Conditions.
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CAPS is The Motley Fool's service that allows you to make predictions about stocks, see others' predictions, aggregate community opinions, and track their accuracy. By putting together lots of information from a variety of sources, we hope to provide participants with a way to a) have fun and b) learn to make better investment decisions.
You should not assume that the opinions that people express in CAPS are the opinions of The Motley Fool or anything other than the opinions of the individuals expressing them.
When you look at other people's predictions, you should remember that those people may have interests in the stocks that they're making predictions about. For example, some people may hope a company's stock will go up because they own many shares of it; others may hope that it will rise because they (or their sister) work for the company; others may hope that the stock will rise because that will increase their CAPS score and their international prestige. When you review people's predictions (or the stock tips you see on television or hear in the supermarket), you should not assume that the person making a prediction is unbiased or independent. One of the beauties of CAPS, though, is that you can see the performance of people's predictions over time and, we hope, distinguish sound analysis from self-serving nonsense.
Employees of The Motley Fool may have interests in the stocks about which they make predictions. Employees display their positions in their online TMF profiles at Fool.com.
4. Virtual CAPS Players
Along with predictions that people enter into CAPS, we are including predictions that have been publicly announced by prominent individuals and institutions, as if they were participating in CAPS. Those "virtual players" have screen names that begin with "Track," as in "TrackScroogeMcDuck," and are displayed with a "Wall Street" icon / avatar. There are some players with "Track" in their names who are not created or updated by The Motley Fool -- we only maintain virtual players with a "Wall Street" avatar and background. These virtual players represent our editorial interpretation of the publicly announced - and only the publicly announced -- predictions or recommendations of these public figures. They may not be complete or timely -- we can't know when someone changes his or her mind about a prediction -- but that's partly the point, as many pundits make predictions but never follow up on them, leaving the public without the benefit of their most current thinking. The existence of a virtual player should not be taken as an implication that any individual endorses CAPS or approves of the use of the virtual player (although we do hope that those individuals will decide to participate in CAPS in a more formal way!).
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That was tiresome, but important.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by writing to General Counsel, The Motley Fool, LLC, 2000 Duke Street, Alexandria, VA 22314.
10. Dispute Resolution by Binding Arbitration and Class Action Waiver
If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email firstname.lastname@example.org with your concern and The Motley Fool will contact you via the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
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Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of Virginia: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.
You will have thirty (30) days from the date you submit your personally identifiable information to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at The Motley Fool, LLC, 2000 Duke Street, Alexandria, VA 22314, Attention: Legal Department. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
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You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.
12. Everything Else
If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the Commonwealth of Virginia (except with respect to choice of law).You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the Eastern District of Virginia or the appropriate Virginia court.
Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement.
Please note that certain individual Services may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual Service will control with respect to the Service in question. So please be sure to review any additional terms and conditions with respect to any specific Service that you subscribe to or use.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Motley Fool and govern your use of our sites.
Last Updated: September 21st, 2016