Updated 7/9/26
Kapnotes Inc. (“Kapnotes,” “we,” or “us”) operates the website at https://kapnotes.com, plus the other sites, mobile apps, and online services we run (collectively, the “Site”). We make the Site available for your personal use as an individual (“you”), so long as you comply with the terms below.
Using the Site signifies that you accept these Terms of Use (the “TOU”). Should you disagree with either these terms or the Kapnotes privacy policy, then please do not use it.
You represent that you are 18 or older. Our Site is not designed for anyone younger than 18. If we reliably discover that an account holder is younger than that, we will close it.
We reserve the option, whenever we choose, to:
Revise or update these terms;
Alter the Site, such as dropping or ending any feature or content; or
Introduce fees, charges, or requirements for accessing all or portions of the Site (on reasonable notice).
We may adjust the Site whenever we wish, with no advance warning; continuing to use it means you accept those adjustments. Look at the Site regularly so you notice any updates.
Neither Kapnotes, its affiliates, nor their directors, officers, employees, agents, suppliers, advertisers, sponsors, or information providers—nor anyone else who helps produce or assemble the Site—will be responsible for lost savings, lost profits, or any special, punitive, exemplary, incidental, consequential, indirect, or comparable damages. This holds true under every legal theory, be it contract, negligence, or strict liability, however those damages might relate to the Site, its contents, or any goods or services you obtain or purchase through Kapnotes.
Should the Site disappoint you, your only recourse is to discontinue your use of it. For every claim you might raise—under contract, tort (negligence included), or any other basis—our aggregate liability to you is capped at whatever amount you actually paid us, if anything, for Site access or services across the six (6) months preceding your claim.
Under no circumstances will Kapnotes, our information providers, or anyone else connected with building or compiling any Kapnotes service owe you or any third person compensation for direct or indirect losses—among them lost savings, missed profits, or other consequential or incidental harm—stemming from your inability, or ability, to make use of Kapnotes.
The Site—and every product or service you reach or obtain through it—comes “as is,” carrying no representations or warranties, whether express or implied. So far as the law allows, Kapnotes, together with its directors, officers, employees, affiliates, agents, suppliers, advertisers, and information providers, plus anyone else who helps create or assemble the Site, disclaims all warranties, be they statutory, express, or implied. That includes any warranty of title or non-infringement, the implied warranties covering merchantability, as well as fitness for any specific purpose, and every warranty about the accuracy, adequacy, originality, timeliness, or completeness of the information we publish.
We do not promise that access will be continuous, error-free, or secure, nor that the Site, along with its host servers, stays free from viruses and other damaging code. You take on full responsibility and risk when you use and rely on the Site. Nothing said, advised, or opined by Kapnotes—or by its members, affiliates, sponsors, suppliers, agents, or information providers—whether it appears here or elsewhere, creates any warranty.
Everything the Site presents is offered purely for informational purposes. We give no advice on taxes, law, insurance, or investing, and nothing here should be taken as an offer of sale, an invitation to purchase, or a suggestion to trade any security, whether from Kapnotes or a third party. Deciding whether a given security, investment, strategy, product, or service fits you—judged against your objectives and your personal and financial circumstances—rests with you alone, as does weighing the benefits and risks of leaning on that information before you act. For questions about your particular legal or tax position, seek guidance from a lawyer or tax professional.
How an investment performed in the past guarantees nothing about its future. Do not presume that any particular holding or strategy will earn money or repeat its earlier returns. Every investment can lose value. We offer no view on whether a given investment suits any specific investor, and you shouldn’t presume that any companies, securities, sectors, or markets we mention have been or will prove profitable. Merely using or visiting our Site does not render Kapnotes your fiduciary. Nor is Kapnotes a registered securities dealer, a broker, an investment bank, or a U.S. investment adviser.
You acknowledge that nothing posted on the Site amounts to a recommendation that a specific security, a basket of securities, a transaction, or an investment approach suits any individual. You also acknowledge that neither the information providers, the app providers, nor their affiliates give you personal advice about the character, potential, worth, or the suitability of a given security, a basket of securities, a transaction, an approach, or a related matter. Where material posted here might be viewed as investment advice tied to a specific security, it is generic and not shaped to any individual’s needs. Investing in any security carries numerous risks, and the Site will not enumerate or describe the risk factors that apply.
Note, too, that some stocks covered on the Site carry a small market capitalization or a thin public float. Such shares are riskier than those of bigger companies—more volatile, less liquid, and backed by less public information. Material we post, whether or not you read it as a recommendation, can move those stock prices.
You recognize that performance figures come from sources thought to be dependable, that our Site draws on those figures, and that neither those data sources, our information providers, nor anyone else guarantees the information, which may be incomplete.
Now and then the Site points back to earlier articles and opinions of ours. Such pointers can be partial, may cover only a slice of the original piece, and are probably out of date. Because markets shift constantly, older data and commentary may no longer hold and ought not be trusted.
Each item on the Site speaks only as of its stated or published date and can be overtaken by later market developments or other causes. It also falls to you to configure your browser’s cache so that you always pull the latest information.
The Site and all it contains are owned by Kapnotes and by its outside licensors or suppliers. Your dealings with the Site convey no ownership to you, and Kapnotes holds back every right it has not specifically granted.
The Site may include links to outside internet sites, or to third-party Content shown on our pages. We neither oversee nor endorse those external sites or that Content, and we have not vetted or approved anything displayed on them or on our own Site. Before you do anything on a third-party site, read that site’s usage terms and privacy policy. How you use and link to such sites is entirely your responsibility. You accept that we bear no responsibility for whether any advertising, content, products, services, or information—here or on any other site—is lawful, accurate, or suitable, nor for any loss claimed to arise from relying on it.
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Without written permission from us beforehand, you may not display, copy, license, sell, upload, post, republish, transmit, distribute, decompile, build derivative works from, or in any other way exploit the content of the Site.
Additionally, while you use the Site and whatever features it provides, you promise that you will not:
Block or hinder anyone else from reaching the Site, whether by “hacking,” defacing, or otherwise tampering with any part of it;
Employ the Site for unlawful ends;
State or suggest that we back any of your statements, absent our advance written approval;
Adapt, modify, translate, sublicense, sell, reverse-engineer, decompile, or take apart any section of it;
Impair, harm, or change how the Site works or looks, including how advertising is shown;
Without our advance written authorization, “frame” or “mirror” the Site, whether wholly or in part;
Deploy any automated or manual tool to fetch, download, index, “scrape,” “data-mine,” “harvest,” or otherwise reproduce the Site or get around how the Site organizes and displays its material;
Gather details about the Site’s visitors without their clear permission; or
Send any Content that carries software viruses or any harmful code, files, or other programs.
You further promise to obey every applicable law and regulation in your dealings with the Site and whatever material it provides. Our goal is to stop, spot, and never knowingly enable money-laundering or terrorist-financing activity, and you must not operate the Site in any manner that breaches our anti-money-laundering, counter-terrorist-financing, or comparable regulatory duties.
We may terminate, pause, or restrict your entry to your “Subscription,” your account, or the Site should your conduct breach these duties, or if a reasonable inquiry leaves us unable to gather the details we need to confirm who you are.
To reach certain Site services, you must set up an account. In opening one, you agree to each of these points:
You will not disclose your username or password, or deliberately let anyone else into your account;
You will not access someone else’s account without their consent;
You will give correct and full details when registering;
Everything happening under your account is your responsibility, and you must safeguard your password;
You will alert us at once about any security breach or misuse of your account.
Any action taken through your account or with your password is your responsibility, as are any resulting losses to Kapnotes or others from that unauthorized activity. We accept no liability for losses you suffer through unauthorized account use. At its sole discretion, Kapnotes may revoke your Site access.
You accept that Kapnotes may, at any moment and without advance notice, shut off your access to the Site.
You agree to defend, indemnify, and hold harmless Kapnotes—along with our directors, officers, employees, representatives, agents, information providers, plus any other party who helps make or assemble the Site—from every claim, loss, damage, cost (reasonable attorneys’ fees included), or expense arising, directly or otherwise, out of: (a) your failure to abide by the TOU; (b) the way you use the Site; or (c) your infringement of a third party’s rights. This duty to defend and indemnify continues beyond the end of the TOU.
The Site is meant only for people located where its content is lawful. We make no claim that its materials suit or may be used in other places. Anyone reaching the Site from elsewhere does so voluntarily, accepts the associated risk, and must obey whatever local laws apply. We may restrict the Site’s availability for any person, region, or jurisdiction, and cap the quantity of any product or offering we supply, at our discretion and whenever we like.
Together with every Kapnotes policy referenced in it, the TOU forms the whole understanding reached by you and Kapnotes about using the Site, replacing any earlier or simultaneous understanding on the topic. The TOU, the privacy policy, and your relationship with Kapnotes fall under New York State law, disregarding its conflict-of-laws principles. Both you and Kapnotes submit exclusively to the jurisdiction of New York’s state and federal courts, located in New York County within New York State, and give up any objection based on venue, forum, or jurisdiction. Should any single clause of the TOU be judged unlawful, void, or otherwise unenforceable, that part is severed and the rest stays in force. A party’s decision not to act on a breach waives neither that breach nor any other. Headings appear only for convenience and interpret nothing.
Kapnotes offers an optional text-message alert program (“Kapnotes Alerts”) for members. If you opt in, we send automated SMS messages to the mobile number you provide when a new stock entry or market commentary is posted to the member board, along with occasional account or service notifications. Message frequency varies with market activity and is typically one to five messages per trading day.
You opt in by checking the SMS consent box on the signup form or on your Account page. Consent to receive text messages is not a condition of purchase or membership. Message and data rates may apply according to your mobile carrier plan.
You can opt out at any time by replying STOP to any Kapnotes text (one final message may confirm your opt-out), or by turning off text alerts on your Account page. Reply HELP to any message, or contact support@kapnotes.com, for assistance. If you change your mobile number, please update it on your Account page.
Mobile carriers are not liable for delayed or undelivered messages, and we cannot guarantee delivery or timeliness of any alert. Text alerts are educational notifications only and are subject to Sections 5 and 6 above — they are not investment advice or a recommendation to buy or sell any security.