Welcome to The Morning Penny! We hope you'll enjoy being a part of our lishness -- such as Morning Penny.com, our subscription newsletters and their special websites, our discussion boards, CAPS, and whatever else we come up with (each a “Service,” and collectively, the "Services"). But first things first: By using the Services, you're agreeing to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 10. These Terms govern your use and access to the website and all our Services. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of The Morning Penny and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.
Some Services are works in progress. We reserve the right to change or even eliminate them with no notice, at our sole discretion.
Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with The Morning Penny. 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.
If you subscribe to one of our premium Services, you will be asked to create a password, which you'll need to access the Service. Should you wish to post a message on the discussion boards or comment on an article or a blog, you'll also be required to choose a user name.
As a registered user, you can update your account settings, including your email address, by going to the My Morning Penny tab up top. There, you can also change your password at any time and your user name up to three times in a calendar year. Also, if you forget either your password or user name, you can go to this page for help.
2. Premium Services
When subscribing to a premium Service such as one of our newsletters, you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You agree to pay the applicable subscription fee as set forth on this site. Sales taxes may be charged in addition to the subscription fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.
You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, The Morning Penny reserves the right to cancel your subscription.
We reserve the right to refuse or discontinue the supply of a Service to any user at any time at our sole discretion.
Unless stated otherwise, membership to any Service is for online and/or electronic access only. Certain promotions may offer features that are issued in physical form. Shipping of any goods or service associated with these promotions is limited to the U.S./APO. Physical fulfillment of goods or services not specifically mentioned in a promotion is at the sole discretion of the Morning Penny.
Our Services generally deliver their content via email including trade alerts or recommendations, recent actionable investing guidance, Best Buys Now, and other important stock news. There is no opt-out choice available for these emails (unless you cancel your subscription). Of course, you can always opt out of our marketing emails on the settings page.
Trial Terms, Automatic Billing and Cancellation Policy
Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one trial per person and household in any given six-month period unless otherwise stated in the offer.
Upon signing up for a free trial, you will have access to the Service for the promotional trial period. If you cancel prior to the end of the promotional offer period, your credit card will not be charged. If you don't cancel your subscription within the trial offer period, we will charge the primary credit card you provided during the sign-up process. You may contact Member Support at membersupport@MorningPenny.com to terminate your trial enrollment.
Your membership will automatically renew at the then-current rate, until you notify us of your decision to terminate your membership. Most subscriptions will renew for one-year terms, regardless of the offer under which the subscription was initiated. For subscription terms greater than three months we will email you about the length and price for your renewal before we charge you. If you would like to turn off automatic renewal, or extend your subscription for additional years, please contact Member Support. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE OR APPLE PAY. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. Any subscription purchased using Apple Pay will continue to renew on Apple Pay.
The Morning Penny reserves the right to increase a Service's fees or institute new charges upon reasonable notice. Service fees are due in advance.
Different Services (and sometimes specific offers) have different refund policies (including some that offer no refunds). Please review the specific terms of your offer before signing up as you are agreeing to be bound those terms. If you are unsure of your cancellation rights, please contact Member Support.
Please note that most refunds are only available to first-time subscribers. If you subscribe to a Service that allows for refunds beyond 30 days, and cancel (and receive a refund) and then subscribe again, you will not receive a refund after the first 30 days.
From time to time, The Morning Penny offers its premium services through third-party vendors. In such cases, the vendor’s refund policy would apply and may differ from your Service (or specific offer).
Transfer; Discontinuing a Service
You cannot transfer your subscription to someone else, except through bequeathment or by a court order. In the event a subscription is transferred, it will continue through the end of its term and can be renewed at the then-current price and conditions. For assistance in this situation, please contact Member Services.
In the event that we discontinue a Service, you agree that The Morning Penny may transfer your subscription to another Service of equal or greater value.
3. Credit Transfer Information
Some of our services provide the option to transfer your credit towards a different Morning Penny service. Depending on the terms of your purchase, you may be allowed to transfer the full or pro-rated credit from your purchase. Most services eligible for a credit transfer will allow a swap within 30 days of the initial purchase, there are services that do not allow for credit transfers of any kind.
If you are unsure whether or not your service is eligible for a credit transfer please contact membersupport@MorningPenny.com.
All credit must be swapped at the list price of the product being transferred into, and it cannot be combined with any promotional offers or discounts. Members may utilize any available swap or refund once per service. If you take advantage of a money-back guarantee or a credit-transfer guarantee into a new subscription, you will no longer be eligible to perform further action with that credit.
If you take advantage of a credit transfer guarantee, please also note that you will lose access to any product(s) and benefits included in the original promotional offer, including additional services or reports that were included as a bonus for taking advantage of the offer.
From time to time we offer report-style services, which are not renewable and require a one-time purchase. To qualify for a credit transfer into a report of this type, you must have enough credit to cover the full list price of the report.
When implementing a credit transfer, the term length of the service being transferred into cannot extend beyond three years.
If the list price of the service you would like to transfer into is more than the amount of credit you have, you will receive a partial term of the service - the usual automatic renewal notice will be emailed a month prior to the adjusted end-date.
If the amount of credit you have is higher than the list price of the service you would like to transfer into, the subscription will be extended for the appropriate time frame to match the rate.
The Morning Penny reserves the right to disallow transfer into certain services depending on insufficient credit, product openings, investment timelines, a member's history of transfers or prior refunds, or for any other reason at The Morning Penny’s sole discretion.
4. Affiliate Marketing Programs
Some of our brands such as The Ascent and The Blueprint, review various products and services. We may be compensated by third parties whose products we review. This compensation may impact where reviews and offers appear, with higher paying partners appearing higher on a page or in a more prominent position. None of our brands can or does promise to be comprehensive with their reviews of any particular marketplace, and the companies covered may heavily tilt towards partners.
That being said, we take try to make sure that our editorial opinions are not affected by our compensation, and no partner or advertiser will review, edit, endorse, or approve editorial content. We also make sure that the editorial teams of any brand remains distinct from the editorial team writing content for Morning Penny.com or our premium services.
No reviews of products or services should be construed as an endorsement or guarantee of any kind. We do the best we can to make sure that the information we rely upon for our reviews is true and current, but we cannot and will not warranty that it actually is, or that we have not been confused or misled before or after publication.
Any service or product not offered by The Morning Penny is subject to its own terms and conditions, including about how they may use the information you provide to them, which should be provided by the company through which you are receiving the product or service, and any use of a product or service not offered by The Morning Penny is done so at your own risk.
Please note that certain individual Services or products 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 before subscribing.
Some portions of our site use Google Maps APIs, or other Google APIs. If you use those parts of our site, you are also bound by the Google Terms of Service. If you do not wish to be bound by these terms, or any of the terms contained within these Rules, please do not use our site.
CAPS is The Morning Penny'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 Morning Penny 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.
Morning Penny employees may participate in CAPS and they may have interests in the stocks about which they make predictions. Employees display their positions in their online TMF profiles at Morning Penny.com. Any predictions made by Morning Penny employees are their own. They are not speaking on behalf of our company and these predictions are not Morning Penny recommendations.
7. Intellectual Property
All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of The Morning Penny and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on The Morning Penny. This includes message boards, blogs, CAPS picks, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features. You can find out more information on copyright law and the Internet at www.templetons.com/brad/copymyths.html.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 1995-2018 [or whatever the current year is] The Morning Penny. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without The Morning Penny's prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication. You can make or end your own CAPS picks at any time, but those picks, their scoring history, your scoring history, and data aggregated by CAPS remain the property of The Morning Penny.
You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content, including CAPS ratings, for use on another website or service (including our own personal forums and blogs). In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our premium Services, stock picks, and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. So please don't do it.
Please note that notwithstanding the foregoing, when you post content (such as a message-board post or CAPS pitch), you are not somehow surrendering your copyright in your expression, but you are granting us an unlimited license to use it. Specifically, by posting content, you agree that The Morning Penny has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our websites. This includes the rights to syndicate and make derivative works out of your content. If you don't want us to use or republish your content, then please don't post it on our websites. We'll only republish your content in context, and we'll credit you as author (unless we're using small quotations). We won't republish your posts in advertising without your permission. And we promise not to mock you unless it would amuse us.
We also ask that you only upload or include on our Services materials you have the right to use. While we don’t mind if Peter Parker posts photos he’s taken on our platform, we do ask that he not repost images he’s already sold or licensed to The Daily Bugle. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent.
You agree not to display any of The Morning Penny's trademarks or use them in any manner without our express written permission. You can find the list of our trademarks here.
Some features of our site are patented under U.S. Patent No. 7,813,986 and U.S. Patent No. 7,882,006.
The Morning Penny champions active and open debate among our members. All we ask is that it's done in a lawful and civil manner -- be it posting on our boards, commenting on blogs or articles, replying to CAPS pitches, or using our system to contact a fellow member in any way.
Accordingly, you agree to use The Morning Penny for lawful purposes only. You may not use or allow others to use your Morning Penny membership to:
- Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
• Post or transmit any material that you don't have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Post, transmit, or link to sexually explicit material;
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
• Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
• Offer, sell, or buy any security;
• Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
• Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
• Take any action that damages or disrupts the functioning of our systems or Services.
Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.
The Morning Penny may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership, remove any individual CAPS picks, delete any CAPS players, remove any CAPS scorecards, or take any action for violating the above (and, if we may say so, sensible) provisions or otherwise taking an action disruptive to a Service. In the event TMF terminates your premium Service, you will receive a prorated refund at our discretion.
You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify Member Support of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data. For more information on posting, please see our Posting Guidelines.
If you see something that you feel is a violation of the Morning Penny's Rules, please notify us by emailing Morning PennyAlert@MorningPenny.com.
9. No Personalized Advice
We want to help you make money. However, The Morning Penny is not in the business of rendering personalized investment advice. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. Accordingly, you agree that any recommendation or action taken by a Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you should seek a registered investment advisor.
The Morning Penny may partner with third parties in order to make buying our Services' recommendations easier for you. We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.
Affiliates of The Morning Penny provide individualized investment advice and investment products. These companies may recommend or hold securities mentioned in our publications. Editorial personnel have no nonpublic knowledge of our affiliates' holdings and/or specific recommendations, and the affiliates’ personnel have no knowledge of any editorial content before it is published.
10. You Bear Responsibility for Your Financial and Investment Decisions
One of the principal tenets here at the Morning Penny is that the best person to handle your finances is you. By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The Morning Penny, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.
11. Disclaimer of Warranties and Liabilities
Please read The Morning Penny's Disclaimer, which is incorporated herein by reference.
The Morning Penny provides a very broad range of information and commentary via its many Services. Consequently, as a result of the diverse opinions of our staff, a Morning Penny Service may, from time to time, take actions or issue recommendations with regard to specific securities that are different from those taken or issued by another Service we provide.
The Morning Penny does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. And although we have the hardest-working, most talented techies in the business, The Morning Penny makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, education, and entertainment. Other than that, we reserve the right to be wrong, stupid, or even foolish (with a small "f").
The Morning Penny relies on various sources of information that we believe to be accurate and reliable. There are also literally thousands of contributors here -- most, we believe, with incredibly interesting and insightful information and opinions to share. But we can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by The Morning Penny is to be used on an "as is, with all faults, we're not perfect" basis.
Obligatory Capitalized Disclaimers of Liability:
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER THE MOTLEY FOOL NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.
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 Morning Penny.
13. 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
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 panel of three arbitrators 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.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
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 Morning Penny.
14. Your Agreement to These Terms
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.
15. 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.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Morning Penny and govern your use of our sites.