Terms & Conditions
These Terms & Conditions are in addition to any other agreements between you and dough, including any customer or account agreements and any other agreements that govern your use of software, products, goods, services, content, tools, and information provided by dough.
The dough website and mobile application (together, the “Service”) may include or make available certain content (“Content”). Content includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (3) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (4) financial and investment interactive tools, such as push notifications, alerts, or calculators; (5) tax preparation, bill payment and account management tools; (6) company names, logos, product and service names, trademarks and service marks (together, “Marks”) owned by dough, and Marks 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 together, the “Third-Party Providers”). Such Content (“Third Party Content”) includes, 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 & Conditions
3. Your Access
In order to access certain features of the dough app, you must register to create an account (“User Account”). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. dough has electronic and procedural safeguards that comply with federal standards to guard Users’ non-public personal information.
You are responsible for safeguarding your password and account information. You agree to not disclose your password to any third party and you will notify dough immediately at firstname.lastname@example.org if you believe your password has been stolen or you suspect unauthorized use of your account.
You agree that the information you provide to us on account registration through our website or mobile applications is true, accurate, current, and complete. You also agree to promptly update any information in the dough app if it changes from the information you provided during the account registration process.
4. Early Access List
5. Promotions and Referrals
dough may, at its sole discretion, make available promotions with different features to any users or prospective users of its mobile app. In order to participate in such offers, a referring user (“Referrer”) must log in to their account and receive a custom link for the special offer. These promotions, unless made to you, shall have no bearing on your relationship with us. Periodically, we may offer you with incentives to refer new users to dough’s app. dough reserves the right to withhold or deduct reward(s) or benefit(s) from any promotions or referrals if dough determines or believes the receipt of the reward(s) or benefit(s) was in error, fraudulent, illegal, or in violation of these Terms & Conditions or an applicable referral agreement or program agreement.
6. Disclaimer and Limitations of Liability
The Content and the Service are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, dough and the Third Party Providers expressly disclaim all warranties of any kind with respect to the Content and Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither dough nor Third Party Providers guarantee the accuracy, timeliness, completeness or usefulness of any Content. You agree to use the Content and the Service at your own risk.
Neither dough nor the Third Party Providers explicitly or implicitly endorse or approve any Third Party Content. Third Party Content is provided for information purposes only.
The Content is not intended to provide financial, legal, tax or investment 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.
DOUGH 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 DOUGH 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.
7. No Recommendations or Investment Advice
dough provides self-directed investors with brokerage services, and does not make recommendations or offer investment advice of any kind. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold dough or any Third Party Provider liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third Party Provider websites. Past performance data should not be construed as indicative of future results.
8. U.S. Residents and 18 or Older Only
The Content and Service are intended for United States residents and individuals 18 or older only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
Content posted on the Service is published as of its stated date or, if no date is stated, the date of first posting. Neither dough nor the Third Party Providers have undertaken any duty to update any such information.
dough does not prepare, edit, or endorse Third Party Content. dough does not guarantee the accuracy, timeliness, completeness or usefulness of Third Party Content, and is not responsible or liable for any content, advertising, products or other materials on or available from Third Party sites.
You will not hold dough and/or any Third Party Provider liable in any way for
(A) any inaccuracy of, error, or omission of the Content; or
(B) any loss or damage arising from or occasioned by
1) any error or delay in the transmission of such Content;
2) interruption in any such Content due either to any negligent act or omission by any party to any unforeseeable circumstances (e.g., flood, extraordinary weather conditions, earthquake, fire, war, insurrection, riot, labor dispute, action of government, communications or power failure, equipment or software malfunction);
3) to any other cause beyond the reasonable control of dough and/or Third Party Provider; or
Any price quotes may be delayed 20 minutes or longer, according to the rules and regulations applicable to exchanges and Third Party Providers. Neither dough nor the Third Party Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither dough nor the Third Party providers 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.
Content is provided exclusively for 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 dough’s express prior written consent.
You acknowledge that dough is the sole owner of dough, doughtv, the 3Cap, the Idea Feed, dough Selects, and dough’s podcast Social Currency and that other Marks are the property of their respective owners. You agree that you will not use any Marks for any purpose without the prior express written consent of the respective owners.
10. Termination; Modification
You agree that, without notice, dough may terminate these Terms & Conditions, or suspend your access to the Service or the Content, with or without cause at any time and effective immediately. These Terms & Conditions will terminate immediately without notice from dough if you, in dough’s sole discretion, fail to comply with any provision of these Terms & Conditions. dough 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.
dough 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 dough, and the Third Party Providers, for any loss or damage arising from or relating to such discontinuation or modification.
11. dough Rules
dough grants you a license to use its website and mobile applications so long as you comply with all of its rules.
You agree to:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
- Use the Services solely for your personal non-commercial use;
- Use your real name on your profile and keep your password confidential; and
- Use the Services in a professional manner.
You agree you won’t:
- Circumvent, disable, or otherwise interfere with security-related features of dough or features that prevent or restrict use or copying of any content or User information;
- Upload, email, transmit, provide, or otherwise make available:
- 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) dough or the Third Party Providers determine, in their sole discretion, is inappropriate for sale; Use meta tags or other hidden text or metadata utilizing a dough name, trademark, URL, or product name;
- Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use dough to send altered, deceptive, or false source-identifying information;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any dough web page, server, or network, or the technical delivery systems of dough’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to dough;
- Attempt to probe, scan, or test the vulnerability of any dough system or network or breach or impair or circumvent any security or authentication measures protecting dough;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide dough;
- Attempt to access, search, or meta-search dough or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by dough or other generally available third party web browsers, including without limitation any software that sends queries to dough to determine how a website or web page ranks;
- Violate the terms of service or any other rule or agreement applicable to you or dough’s inclusion in, reference to, or relationship with any third party or third party site or service, or your use of any such third party site or service;
- Collect or store personal information about other users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
- Solicit any User for any investment or other commercial or promotional transaction;
- Violate any applicable law, regulation, or ordinance;
- Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
- Copy or use the information, content or data on dough in connection with a competitive service (as determined by dough);
- Monitor dough’s availability, performance or functionality for any competitive purposes
- Use dough or content thereon in any manner not permitted by these Terms & Conditions
- “Stalk” or otherwise harass other users;
- Copyrighted Materials: No unauthorized use. If you become aware of the misuse of dough or content thereon by any person, please contact dough to report any abuse. Dough has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders.
By using the Service or Content, you consent to any form of recording and retention of any communication, information and data exchanged between you and dough or its representatives or agents.
All communications made at or through the Forums are public. Neither dough nor the Third Party Providers screen, review, approve or endorse any Third Party Content available on or through the Forums. Reliance on any Third Party Content available on or through the Forums is at your own risk. When discussing a particular company, stock, or security in the Forums, you agree to reveal any ownership interest in such company, stock or security.
13. External Links
Dough and/or the Third Party Providers may provide links to other websites or resources. Because neither dough nor the Third Party Providers have any control over such sites and resources, you acknowledge and agree that neither dough nor the Third Party Providers are responsible for the availability of such external sites or resources. Dough and the Third Party Providers do not endorse and are not liable for any content, advertising, products, or other materials on or available through such sites or resources. You further acknowledge and agree that neither dough nor the Third Party Providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. You also agree to comply with Third Party Providers’ Privacy Policies and Terms & Conditions.
14. Applicable Policies
By using the Service, you are consenting to have your personal data transferred to and processed by dough and its affiliates. As part of providing you the Service, dough may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.
You will indemnify and hold harmless, dough and its affiliates and the Third Party Providers, and the officers, directors, managers, members, agents, partners, employees, licensors, distributors, and representatives of dough, its affiliates 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 relating to or arising out 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 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.
dough may at any time revise these Terms & Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review these Terms & Conditions periodically for changes. The most updated version of this document will be available for your review under the “dough Terms & Conditions” link that appears on the dough website and mobile application. dough will notify you of any material changes to the Terms & Conditions via email or in dough’s app.
These Terms & Conditions contain a predispute arbitration clause. You agree to the following with respect to arbitration:
- You and dough are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
- Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
- The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
- The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
- The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
- The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
- The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into these Terms & Conditions.
- No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (a) the class certification is denied; or (b) the class is decertified; or (c) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
Any controversy, claim (statutory or otherwise), cause of action or other dispute among the parties, whether or not arising out of or relating to these Terms & Conditions, or the breach, termination, enforcement, interpretation or validity thereof, shall be resolved by binding arbitration before a sole, neutral arbitrator (for claims of $100,000 or less) or a panel of three (3) neutral arbitrators (for claims in excess of $100,000). The arbitration shall be administered by FINRA pursuant to FINRA’s Customer Code of Arbitration Procedure. The arbitration shall exclusively be governed by the Federal Arbitration Act, 9 USC § 1-16, and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction or from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. The parties shall make reasonable efforts prior to submitting any claim or dispute to arbitration to resolve the matters through mediation. Arbitration proceedings held pursuant to these Terms & Conditions shall be conducted at a location determined by the Director of the Office of Dispute Resolution at FINRA. The arbitration panel will determine what amount and portion of the hearing session fees shall be paid by each of the parties.
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