TERMS OF USE

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PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY.  BY ACCESSING OR USING OUR SITE(S) AND SERVICE(S), YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.  IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE OUR SITE(S) OR SERVICE(S).  THIS TERMS OF USE AGREEMENT IS EFFECTIVE AS OF MAY 1st, 2015.

  1. ACCEPTANCE OF TERMS. The Terms of Use herein, together with our Privacy Policy, govern your use of financiallyalert.com (the “Site” or “Service”), or any related services, including but not limited to, email, newsletters, and sweepstakes, provided in connection with the Site.  By using the website(s) and any emails or communications received from financiallyalert.com, you consent and agree to these Terms of Use.  We reserve the right to modify these terms at any time, so check this page periodically for disclosed changes to this Terms of Use agreement. By using this site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.
  2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking this “privacy” link. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
  3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California in all disputes arising out of or related to the use of the site.
  4. AGE. The site is intended for users 18 years or older and we will not knowingly collect identifiable information from children under the age of 13.  We recommend parents limit the use of the internet for their children based upon parental guidance and legal parameters for their own safety.  We may at our discretion require users aged 18 or younger to obtain consent of certain content, which may be limited accordingly. You agree to abide by any restrictions as such.  Individuals that do not abide by these guidelines shall have their accounts terminated upon discovery.
  5. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
  6. LICENSE TO USE WEBSITE.

6.1       You may:

(a)       view pages from our website in a web browser;

(b)       download pages from our website for caching in a web browser;

(c)       print pages from our website;

(d)       [stream audio and video files from our website; and]

(e)       [use [our website services] by means of a web browser,] subject to the other provisions of these terms and conditions.

6.2       Except as expressly permitted by Section 6.1 or the other provisions of these terms of use, you must not download any material from our website or save any such material to your computer.

6.3       You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

6.4       Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

6.5       Unless you own or control the relevant rights in the material, you must not:

(a)       republish material from our website (including republication on another website);

(b)       sell, rent or sub-license material from our website;

(c)       show any material from our website in public;

(d)       exploit material from our website for a commercial purpose; or

(e)       redistribute material from our website.

6.6       Notwithstanding Section 6.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

6.7       We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

7. ACCEPTABLE USE.

7.1       You must not:

(a)       use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)       use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)       use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)       conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)       [access or otherwise interact with our website using any robot, spider or other automated means;]

(f)        [violate the directives set out in the robots.txt file for our website; or]

(g)       [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]

7.2       You must not use data collected from our website to contact individuals, companies or other persons or entities.

7.3       You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

8. REGISTRATION AND ACCOUNTS.

8.1       To be eligible for an individual account on our website under this Section 8, you must [be at least 18 years of age and a resident in the United States].

8.2      You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will be sent to you].

8.3      You must not allow any other person to use your account to access the website.

8.4      You must notify us in writing immediately if you become aware of any unauthorised use of your account.

8.5       You must not use any other person’s account to access the website, [unless you have that person’s express permission to do so].

9. CANCELLATION AND SUSPENSION OF ACCOUNT.

9.1       We may:

(a)       [suspend your account;]

(b)       [cancel your account; and/or]

(c)       [edit your account details,]

            at any time in our sole discretion without notice or explanation.

9.2       You may cancel your account on our website [using your account control panel on the website].

10. YOUR CONTENT: LICENSE.

10.1     In this Terms of Use agreement, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

10.2     You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website].

10.3     You grant to us the right to sub-license the rights licensed under Section 10.2.

10.4     You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.

10.5     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

10.6     You may edit your content to the extent permitted using the editing functionality made available on our website.

10.7     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11. YOUR CONTENT: RULES.

11.1      You warrant and represent that your content will comply with these terms and conditions.

11.2     Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.3     Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)       be libellous or maliciously false;

(b)       be obscene or indecent;

(c)       infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)       infringe any right of confidence, right of privacy or right under data protection legislation;

(e)       constitute negligent advice or contain any negligent statement;

(f)        constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g)       be in contempt of any court, or in breach of any court order;

(h)       be in breach of racial or religious hatred or discrimination legislation;

(i)        be blasphemous;

(j)        be in breach of official Federal or State legislation;

(k)       be in breach of any contractual obligation owed to any person;

(l)        [depict violence[ in an explicit, graphic or gratuitous manner];]

(m)     [be pornographic[, lewd, suggestive or sexually explicit];]

(n)       [be untrue, false, inaccurate or misleading;]

(o)       [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]

(p)       [constitute spam;]

(q)       [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or]

(r)       [cause annoyance, inconvenience or needless anxiety to any person.]

12. USER CONTENT. You grant the Site Owner a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Site, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Owner, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Site may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

13. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

14. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

15. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.

16. CONFIDENTIALITY AND NON-COMPETE. Users of our Site(s) hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

17. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

18. NO WARRANTIES. WE HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

19. NO PROFESSIONAL ADVICE. The information contained in or made available through the Site(s) (including but not limited to information contained on message boards, in text files, ebooks, newsletters, webpages, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a financial advisor in all matters relating to financial advice.  We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of remedies or solutions by any person following the information offered or provided within or through the Site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

No information on any part of the site is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the site should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or information source. Your use of this site indicates your agreement that you are able to make your own decisions about financial matters and that you bear sole responsibility for your own investment research and decisions and will not hold us liable for any damages relating to your personal finances or investments.

All investors are encouraged to fully investigate any security and consult with their financial professional before making any investment. Examine all advice regardless of its source critically. The Securities and Exchange Commission (the “SEC”) maintains a web site with reports, proxy, and information statements, and other information regarding certain companies that file with the SEC. In addition, the SEC also provides information on various kinds of cyber-fraud. The address of this Web site is http://www.sec.gov. Similarly, the National Association of Securities Dealers provides their own insights regarding online investing and information at http://www.nasdr.com.

You understand and agree that we do not offer or provide tax, legal or investment advice to individuals. Always consult your personal financial advisor and/or legal counsel before acting on any information from any source. All material found on here is for educational and informational purposes only. Sample allocations, portfolios and strategies provided are designed to educate and inform, and should not be viewed as direct recommendations. You understand and agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition and liquidity needs. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN ACTIONS.

20. EARNINGS DISCLAIMER. All products and services by our site owners are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any financial, legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance.  Making decisions based on any information presented in our products, events, services, or web site, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

No opinions or recommendations contained herein shall be construed as investment advice. You cannot assume that any recommendations, insights, philosophies, or other information will ensure or lead to profitable investment.

21. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST PRINCIPAL, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

22. AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials. We may work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor the Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

23. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

24. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the site owner, associated companies, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

25. COPYRIGHT. All contents of Site or Service are: Copyright © 2015 Michael B. Hall, of San Diego County, California. All rights reserved.

26. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

27. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

28. UNITED STATES USE ONLY. The Site is controlled and operated from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.

If you have any questions about these Terms of Use, you may contact us at:

Financially Alert
P.O. Box 211622
Chula Vista, CA 91913

Or, you may email us at admin”at”financiallyalert.com.