Welcome to Stake. Stake is a communications platform for shareowners to advocate for environmental and social issues among the funds and companies they own. Stake P.B.C. provides the website Stake (“Website”).
By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website. If you are accessing the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms, and this will be an agreement between that company or other legal entity.
Changes and Updates to Terms
We are constantly improving our Services (defined below), and may add or remove functionalities or features. You can stop using our Services at any time.
We may modify these Terms or any additional terms at any time to, for example, reflect changes in law. You should revisit these Terms regularly. We post modifications to these Terms on this webpage.
If you do not agree to the modified Terms, you may no longer use our Services (defined below).
Stake is a technology platform that provides communication services (“Services”).
Stake helps you (“Shareowners”) communicate to the funds and companies (“Companies”) you own regarding social concerns, via an informal petition (“Petition”). Stake also helps nonprofits (“Campaigners”) organize support around Petitions. Stake partners with shareholder engagement experts (“Champions”) to improve the effectiveness of Petitions as the reach Companies. Stake also provides tools to help Registered Investment Advisors (“Financial Advisors”) work together with their clients on issues of social concern.
Shareowners, Campaigners, Champions, and Financial Advisors are all considered Users of Stake (“Users”). Any reference to Users applies to all Users.
For clarity, these Terms cover the topics relevant to Shareowners only.
Links to Third Parties
While browsing our Website, you may see links to external websites. Some of those links may be from user-generated content. We are not necessarily affiliated with other websites that may be linked to the Site ("Linked Sites") and we are not responsible for their content. The Linked Sites, even if co-branded with Stake’s logo, are not under Stake’s control, are for your convenience only, and you access them at your own risk.
You may not create a link to Stake from another website for commercial purposes. Any links to Stake from other websites does not imply any affiliation between Stake and those other websites.
Stake cannot ensure that you will be satisfied with any services that may be promoted on the Linked Site or that you may purchase from a Linked Site, since such products and services may be owned and operated by independent entities. Stake does not endorse any of the products or services, nor has Stake taken any steps to confirm the accuracy or reliability of, any of the information contained in such advertisements or Linked Sites. Stake does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Stake, its affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such Linked Sites. Stake strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these Linked Sites.
Eligiility to Use the Services
You must be 18 years of age or older to participate in Stake. You must be capable of forming a binding contract with us. You must not be barred from using our Website under applicable law.
Registration and Your Information
To use Stake as a Shareowner, you must create an account (“Account”).
Creating an Account requires only a valid email address, which is the primary means of communication between you and us. Shareowners are not required to provide any other personally identifiable information to create an Account.
To support Petitions on Stake, Shareowners must connect their Account to online brokerages (“Brokerages”). The core premise of Stake is to represent to the world that Petitions on Stake are supported by valid shareowners of the respective funds and companies. To do so, we need to be able to verify Shareowners’ share ownership information in a rigorous manner.
We ask your permission to connect your Stake account to your investment account solely to verify which funds and companies you own, by ticker, and how many shares of each. To keep our data organized and prevent duplication, we look for or assign a unique id code for each brokerage account. We do not seek any other data, and we do not retain any other data.
When we integrate you with your investment account, we seek read-only permissions. Read-only means that we do not have the capability to modify any data at all. For example, under read only permissions, it is not possible to make trades on your behalf.
Content and Content Rights
For the purposes of these terms,
- “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on Stake by us;
- “User Content” (or “user-generated content”) means any Content that Account holders (including you) provide to be made available through the Services. For example, Users might provide User Content in the form of writing, supporting, or commenting on a Petition, or uploading a photograph for a new Petition.
We welcome feedback (“Feedback”), comments, and suggestions for improvements to our Services. You can submit Feedback via the Stake platform. When you provide feedback, you agree that you do so freely, and don’t claim anything of us if we end up using your feedback.
Explicitly, that means that you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon the Feedback for any purpose.
Content Ownership, Responsibility and Removal
We don’t claim any ownership rights to the content Users provide to Stake (excepting of course Feedback), and nothing in these Terms will be deemed to restrict any rights that Users may have to use and exploit such User Content.
We exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. As a User, you acknowledge that our Content, including Stake itself, is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
We do not endorse any Petition or other User Content as representative of our own views. We do not accept any liability arising from any user-generated content. We are not responsible for any damage or harm resulting from your communications or interactions with other users of Stake, including, but not limited to, financial harm to Companies. We do not have any obligation to screen or vet user-generated content, such as Petitions.
Rights in User Content Granted by You
When you, a User, post content, you grant us the right to display it online. Explicitly, that means that you grant to us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Stake to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you have all the necessary rights to your User Content to be able to post through our Services. You also represent and warrant that no use of your User Content on or through our Website will infringe, misappropriate, or violate a third party’s intellectual property rights, privacy rights, or violate any applicable law or regulation.
You can remove your User Content by specifically deleting it. In certain instances, your content may not be completely removed from the Website, and copies of your User Content may continue to exist on the Services. Such as, for example, for Petitions you published which others shareowners have interacted with.
Rights and Terms to you from Stake
We grant you the rights to use Stake on your web browser for your personal, noncommercial use.
We reserve all rights in and to Stake that are not expressly granted to you in these terms. That means you may not:
- Copy, modify, or create derivative works based on Stake
- Distribute, transfer, sublicense, lease, lend or rent Stake to any third party
- Reverse engineer, decompile or disassemble Stake
- Make the functionality of Stake available to multiple users through any means
We want you to use Stake responsibly.
Our Website and our Content
You agree not to attack our Website or repurpose our Website for other ends. You agree that you will not:
- Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers
- Attempt to probe, scan or test the vulnerability of any our systems or networks or breach any security or authentication measures
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
- Exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing
- Post any material that contains a virus or other harmful component
- Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URL or product name without our express written consent
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services
- Collect or store any personally identifiable information from the Services from other users of the Services
- Violate any applicable law or regulation
- Use any function of the Services to collect or store personal data about other users unless Stake and the user(s) have authorized you to do so
Your User Content
You are responsible for your user-generated content, including your Petitions. Communication on Stake should be constructive and honest. We want to encourage a respectful atmosphere.
You agree that you will not use Stake, nor will you post or transmit any content, to do the following:
- Infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
- Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability or any invasion or privacy or publicity rights action
- Lie, or post content that is fraudulent, false, misleading or deceptive
- Flagrantly offend, or display content that is obscene, pornographic, vulgar, defamatory or offensive
- Promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, particularly against a protected group distinguished by race, religion, ethnic origin, disability, sex, age, veteran status, sexual orientation or gender identity
- Promote violence or actions that are threatening to any person or entity
- Promote or solicit illegal, criminal, or harmful behavior or substances
- Solicit gambling or engage in any gambling activity
- Advertise or otherwise solicits funds for goods or services or any illegal act
- Encourage or enable any other individual to do any of the foregoing.
- Impersonate or misrepresent your affiliation with a person or agency or impersonate a person or agency, including Stake or its staff
- Upload content that you do not have a right to transmit, including information from fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements
- Stalk or harass someone
- Spam other users
- Sell products or services
- Fundraise or otherwise collect money (whether for yourself or any other cause)
- Bully others, and/or promoting bullying, harassment or intimidation
- Cause harm to children
- Break the law
Our Enforcement Rights
We reserve the right to enforce these terms by moderating or removing user content, though we are not obligated to do so on behest.
Although we’re not obligated to monitor access to or use of Stake, or to review or edit any Content, we have the right to do so for the purpose of operating Stake, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider anything to be in violation of these Terms. We have the right to investigate violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Digital Millennium Copyright Act/Copyright Policy
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
As part of moderating our site, we reserve the right to terminate your account. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time via the options we provide you through your user dashboard, or by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
IF YOU ARE A SHAREOWNER, WE MAKE NO WARRANTY WITH RESPECT TO ANY Petition OR CAMPAIGN. YOUR DECISIONS TO SUPPORT OR START A Petition ARE YOUR OWN REGARDLESS OF WHAT YOU READ AND/OR SEE ON THE SERVICES.
IF YOU CREATE A Petition, WE MAKE NO WARRANTY AS TO THE NUMBER OF SHAREOWNERS WHO WILL SUPPORT YOUR Petition, OR AS TO THE SUCCESS OR THE PUBLICITY OF YOUR Petition. BY CREATING A Petition, YOU AGREE AND UNDERSTAND THAT SHAREOWNERS ARE FREE TO ENGAGE WITH YOUR Petition IN ANY WAY THEY CHOOSE, WHETHER OR NOT SUCH ENGAGEMENT SUPPORTS OR TARNISHES YOUR Petition.
You will indemnify and hold us and our officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Website, Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. NEITHER STAKE PBC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL STAKE PBC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STAKE PBC AND YOU.
Limitation on Time to File a Claim
Governing Law and Jurisdiction
All matters relating to the your use of the Website and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
These Terms constitute the entire and exclusive understanding and agreement between Stake PBC and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Stake PBC and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Stake PBC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Stake PBC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Stake PBC under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Enforcing Stake's Rights
Severability & Waiver
- The intended meaning of the invalidated part will be replaced with language that closely matches Stake’s original intent, and
Notification of Alleged Copyright Infringement
Stake reserves the right to remove any content that allegedly infringes a third party's copyright or otherwise violates the rights of any third party, or for any reason whatsoever, and to prohibit further use of the Site by the individuals responsible for said infringement or violation. Stake also reserves the right to pursue any party that submits an erroneous declaration. If you believe that any content appears on the Site is in violation of your copyright or other proprietary rights, you should send a notice to Stake to firstname.lastname@example.org, with the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Stake to locate the material.
- Information reasonably sufficient to permit Stake to contact you, such as an address, telephone number, and, if available, an e-mail address.
- The signature of the complaining party.
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
If you have any questions about these Terms or the Services, please contact us at info@yourStake.org.