SMS Terms of Service

Section 1. Applicability

These SMS Terms of Service ("SMS Terms" or "Agreement") apply to all text and SMS message programs offered by SWN Media LLC and its affiliates, including, but not limited to all text and SMS programs relating to fierceinvestor.com, as well as all other newsletters and mobile applications owned and operated by the Company and its affiliates (these text and SMS message programs, text and SMS message services, related content and applications collectively constituting, the "SMS Services"). The SMS Services are provided to you by SWN Media LLC and its affiliates (referred to in these SMS Terms collectively "the Company", "we," "us," and "our"). By enrolling in a Company text message program, you are providing your express written consent to receive the SMS Services and be bound by these SMS Terms.

Please read these SMS Terms carefully, as they constitute a legally binding contract that applies to your use of the SMS Services. BY USING THE SMS SERVICES, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE TO COMPLY WITH THESE SMS TERMS AND THE COMPANY'S PRIVACY NOTICE AND TERMS OF USE WHICH ARE HEREBY INCORPORATED BY REFERENCE. If there is a conflict between the Company's Terms of Use and these SMS Terms, these SMS Terms apply. IF AT ANY TIME YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MUST IMMEDIATELY STOP USING THE SMS SERVICES.

Section 2. Program Description

In connection with its provision of the SMS Services, the Company sends text messages, including information related to stock market alerts, educational content, and account notifications. The Company's SMS Services are informational only and are not sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.

You may enroll in the SMS Services through an online enrollment form, an opt-in box, or by following other instructions the Company may publish in the future. By enrolling in the SMS Services, you acknowledge that you will receive recurring text messages that may include marketing messages at the phone number(s) you provide. The Company may send texts using an automated system.

The Company does not charge any fee to participate in the SMS Services. Message and data rates may apply as provided in your mobile telephone service plan.

Section 3. Message Frequency; Time of Messages ("Quiet Hours" Waiver); DNC List Waiver

The number of text messages that you receive will vary depending on which Company text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.

While the area for the cell phone number you provided to the Company may indicate where you are physically located, people routinely move or travel to different time zones without changing their cell phone number. Given this fact, the Company cannot determine your local time every time it sends you a text message. BY ENROLLING IN A COMPANY TEXT MESSAGE PROGRAM AND RECEIVING THE SMS SERVICES, YOU EXPRESSLY CONSENT TO RECEIVING TEXT AND SMS MESSAGES OUTSIDE THE NORMAL "CURFEW" OR "QUIET HOURS" WINDOW (I.E., 9 P.M. TO 8 A.M. YOUR LOCAL TIME) AND KNOWINGLY WAIVE ANY RIGHTS OR CLAIMS YOU MAY HAVE UNDER ALL APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE TELEPHONE CONSUMER PROTECTION ACT ("TCPA"), ARISING FROM YOUR RECEIPT OF ANY TEXT OR SMS MESSAGE FROM THE COMPANY AT ANY TIME DURING THE DAY OR NIGHT YOUR LOCAL TIME. IF YOU DO NOT WISH TO WAIVE YOUR RIGHTS RELATING TO TEXT MESSAGES YOU MAY RECEIVE DURING "CURFEW" OR "QUIET HOURS", YOU MUST IMMEDIATELY STOP USING THE SMS SERVICES AND TEXT "STOP" TO THE FIVE-DIGIT SHORT CODE FOR THE TEXT MESSAGING PROGRAM FROM WHICH YOU NO LONGER WISH TO RECEIVE MESSAGES.

BY ENROLLING IN A COMPANY TEXT MESSAGE PROGRAM AND RECEIVING THE SMS SERVICES, YOU ALSO UNDERSTAND THAT YOU WILL RECEIVE TEXT MESSAGES FROM THE COMPANY EVEN IF YOU ARE ON A FEDERAL OR STATE "DO NOT CALL LIST" AND KNOWINGLY WAIVE ANY RIGHTS OR CLAIMS YOU MAY HAVE UNDER ALL APPLICABLE FEDERAL AND STATE LAWS ARISING FROM AN ALLEGED VIOLATION OF ANY "DO NOT CALL LIST" RESTRICTION. IF YOU DO NOT WISH TO WAIVE YOUR RIGHTS RELATING TO TEXT MESSAGES YOU MAY RECEIVE EVEN THOUGH YOU ARE ON A "DO NOT CALL LIST", YOU MUST IMMEDIATELY STOP USING THE SMS SERVICES AND TEXT "STOP" TO THE FIVE-DIGIT SHORT CODE FOR THE TEXT MESSAGING PROGRAM FROM WHICH YOU NO LONGER WISH TO RECEIVE MESSAGES.

Section 4. Auto-Dialer & TCPA Compliance

Your consent authorizes the Company to deliver messages using an auto-dialer (as defined by the Federal Communications Commission).

Section 5. Cost

Message and data rates may apply to each text message sent or received in connection with the SMS Services, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. The Company does not impose a separate fee for the SMS Services; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever. Please contact your mobile carrier for details.

Section 6. How to Opt-Out

To stop receiving text messages from a specific Company text messaging program, text STOP to the five-digit short code (i.e., the five-digit number from which its text messages are being sent) or the Company Telephone Number for the text messaging program from which you no longer wish to receive messages.

You acknowledge that you will then receive one (1) final message from the Company confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted-in to all other Company text messaging programs in which you enrolled.

Section 7. Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you designated as your cell phone when enrolling or opting-in to a Company text message program. You are responsible for notifying the Company immediately if you change your mobile telephone number. You may notify Company of a number change by contacting the Company at numberchange@swnmediallc.com.

You agree to indemnify the Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify the Company if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Section 8. Access or Delivery to Mobile Network is Not Guaranteed

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside the Company's control, and the Company is not responsible or liable for issues or damages arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Section 9. Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, and Google Voice, among others.

Neither the Company nor any carrier is liable for delayed or undelivered messages.

Section 10. Support/Help

To request more information, text HELP to (888) 511-6390, the ten-digit number from which its text messages are being sent for the text messaging program about which you have questions. You may also receive help by contacting the Company at jax@fierceinvestor.com.

Section 11. Eligibility

To receive the SMS Services, you must be a resident of the United States and 18 years of age or older. The Company reserves the right to require you to prove that you are at least 18 years of age.

Section 12. Changes to Terms and Conditions

The Company may revise, modify, or amend these SMS Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Company website fierceinvestor.com. You agree to review these SMS Terms periodically to ensure that you are aware of any changes. Your continued consent to receive the SMS Services will indicate your acceptance of those changes.

Section 13. Termination of Text Messaging

We may suspend or terminate your receipt of SMS Services from the Company at any time and for any reason, or no reason at all. The Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of the SMS Services, with or without notice.

Section 14. Security

You understand the text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and your text messages if you want them to remain private. The information in all text messages sent by the Company is provided on an "AS IS," and "AS AVAILABLE" basis. The Company is not responsible for any loss or damage that could result from interception or misuse of any information by third parties or undelivered text messages.

Section 15. Privacy

Your privacy is important to us. Please visit our Privacy Policy to review the Company's privacy policy.

Section 16. Disclaimer of Warranties

THE SMS SERVICES AND ALL INFORMATION CONVEYED BY THE COMPANY'S TEXT MESSAGING PROGRAMS ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY. THE COMPANY IS NOT RESPONSIBLE FOR CELLULAR NETWORK OR EQUIPMENT PERFORMANCE AND YOU RELEASE IT OF ANY LIABILITY FOR CLAIMS BASED ON HARDWARE, SOFTWARE, ELECTRONIC, NETWORK OR OTHER COMMUNICATIONS MALFUNCTIONS SUCH AS INCOMPLETE MESSAGES, DELAYED TRANSMISSIONS OR ANY TECHNICAL DIFFICULTY THAT MAY LIMIT YOUR ABILITY TO SEND OR RECEIVE A MESSAGE.

Section 17. Governing Law

These SMS Terms and the SMS Services are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

SECTION 18. ARBITRATION AND CLASS ACTION WAIVER

***PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any dispute and/or any and all claims relating in any way to your receipt or use of the Company SMS Services will be resolved by binding arbitration, rather than by a court. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's affiliates, employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other federal or state statute, regulation, or legal or equitable theory. You and the Company hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA Rules"). The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arbitration under this agreement shall be held in Miami-Dade County, Florida, or any other location we mutually agree to, subject to Florida law.

YOU MAY OPT-OUT OF YOUR AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by contacting the Company online at legalnotice@swnmediallc.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the SMS Terms, and (5) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these SMS Terms.

Section 19. Limitation of Liability

NEITHER THE COMPANY NOR THE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SMS SERVICES, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY SERVICE USED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL NOT EXCEED $100.

Section 20. Disclaimer

The following disclaimers apply when you access, use or visit any newsletters, publications, chatrooms, live sessions, seminars, webinars, video presentations, social media postings, applications, email communications, research reports, SMS messages, texts or any other educational and informative products, content, digital subscriptions, or features made available on the Company's websites or SMS Services.

(i) THE COMPANY IS NOT AN INVESTMENT ADVISOR OR REGISTERED BROKER.

Neither the Company nor any of its owners or employees is registered as a securities broker-dealer, broker, investment advisor (IA), or IA representative with the U.S. Securities and Exchange Commission, any state securities regulatory authority, or any self-regulatory organization.

(ii) The SMS Services Are For Educational and Information Purposes Only.

The SMS Services or any communications made in connection with such SMS Services are not, and should not be construed to be, personalized investment advice directed to or appropriate for any particular user or subscriber of our SMS Services. We cannot and do not assess, verify or guarantee the suitability or profitability of any particular investment.

The Company specifically disclaims any and all liability or loss arising out of any action taken in reliance on the SMS Services, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument or any other matter.

(iii) Substantial Risk Involved.

Any individual who chooses to invest in any securities of the companies mentioned, referred to or profiled in the SMS Services should do so with caution. Investing or transacting in any securities involves substantial risk; you may lose some, all, or possibly more than your original investment. It is easy to lose money trading, and we recommend always seeking individual advice from a licensed or registered professional and educating yourself as much as possible before considering any investments.

(iv) Use of Forward-Looking Statements.

Certain statements made in our SMS Services may constitute forward-looking statements within the meaning of Sections 27A of the Securities Act of 1933 and 21E of the Exchange Act of 1934. Forward-looking statements often include words such as "believes," "anticipates," "estimates," "expects," "projects," "intends," or other similar expressions of future performance or conduct. They involve many risks and uncertainties that could cause actual results or events to differ materially from those presently anticipated. There is no guarantee that past performance will be indicative of future results. The Company does not undertake any obligation to update forward-looking statements considering new information or future events. You can review all public SEC filings made by any public company mentioned in any of the SMS Services at https://www.sec.gov/edgar/searchedgar/companysearch.html.

Section 21. SMS Further Instructions

1. When you opt-in to the service, we will send you a message to confirm your signup. By opting into this service you can expect to receive informational news from Fierce Investor. Message and data rates may apply. Message frequency varies. Text "HELP" for help. Text "STOP" to cancel.
2. You can cancel this service at any time. Just text "STOP" to opt out. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

1. If at any time you forget what keywords are supported, just text "HELP". After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
2. Carriers are not liable for delayed or undelivered messages.
3. For all questions about the services, you can send an email to legalnotice@swnmediallc.com

If you have any questions regarding privacy, please read our privacy policy.

Section 22. Changes to Terms and Conditions

We reserve the right to modify or cancel our SMS Services or any of its features at any time. We may also revise these SMS Terms from time to time. Any changes become effective upon posting the updated SMS Terms. Your continued enrollment in our SMS Services following the posting of updated SMS Terms means that you accept and agree to the changes.