Terms of Service
Terms of Service
Accrue Capital, LLC including all subsidiaries, website domains, DBA’s, or other affiliates also referred to hereafter collectively as “we” or “us” or “our”.
Last revised: October 19, 2012
Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates, provides its web sites, also referred to collectively hereafter as “the site” or “site” or “website” or website(s)” for your individual usage, subject to compliance with the terms and conditions set forth herein. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you may not access or use the Site.
Agreement: By using the Site, you agree to be bound by our Terms of Service (the “TOS”). If you do not agree to the terms and conditions contained in the TOS, we do not consent to provide you with access to the Site, and you should cease your use of it. Be sure to review this Agreement periodically to ensure familiarity with the most current version. The current version will always be available on the Site.
This Agreement is made between Accrue Capital, LLC including all subsidiaries, website domains, DBA’s, or other affiliates and you, the user and/or member of the Site (also referred to hereafter as “you”) and supersedes any prior agreements regarding its subject matter.
TOS Changes: We reserve the right at any time to: Change the Site, including eliminating or discontinuing any content or feature of the Site; Change the terms and conditions of the TOS; Or Impose fees, charges or other conditions for use of the Site (with reasonable notice). Your use of the Site after such notice will be deemed acceptance of such changes to the Site and to the Agreement.
Important Securities Disclaimer: Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates is a publisher and is not registered as an investment adviser with the U.S. Securities and Exchange Commission. We rely upon the “publishers’ exclusion” from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, we do not offer or provide personalized advice. We publish information about markets in which we believe our readers may be interested and this information reflects our sincere opinions. The information that we provide or that is derived from our website(s) and or services is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Also, our website(s) and or services and the information provided by us should not be construed by any subscriber or prospective subscriber as our solicitation to effect, or attempt to effect, any transaction in a security. Investments in the securities markets, and especially in options, are speculative and involve substantial risk. The information that we provide or that is derived from our website(s) and or services should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from your professional investment advisor and to make independent investigations before acting on the information that you obtain from us or derive from our website(s) and or service(s). Only you can determine what level of risk is appropriate for you. You understand that no content published on our website(s) constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published on the website(s) may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. Past performance is not indicative of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
Proprietary Rights: The Site and the content contained therein are the property of Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates and its licensors. You may access and use the content, and download and/or print out one copy of any content from the website(s), solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership or managerial rights by using the site.
User Conduct: You may not republish, upload, post, transmit or distribute content from the website(s) to online bulletin boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
Additionally, in connection with your use of the website(s), you agree not to: Restrict or inhibit any other visitor from using the website(s), including, without limitation, by means of “hacking” or defacing any portion of the website(s); Use the website(s) for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the website(s); Frame” or “mirror” any part of the website(s) without our prior written authorization; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the website(s) or its contents; Harvest or collect information about visitors or authors or contributors to the website(s) without their express consent. You also agree to comply with all applicable laws, rules and regulations in connection with your use of the website(s) and the content made available therein.
Links to Other Web Sites: Your use of certain services on the website(s) may be governed by additional rules, which are available on the websites(s) or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
The website(s) may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimer of Warranties: THE WEBSITE(S), AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE WEBSITE(S), IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEBSITE(S).
Limitation of Liability: NEITHER Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE(S) AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliate. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE(S) IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE(S).
Indemnification: You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOS; (b) your use of the website(s); or (c) your violation of the rights of any third party.
Termination: You understand and agree that Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates may, under certain circumstances and without prior notice to you, terminate your access to and use of the website(s). Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties. Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates does not refund subscription payments for cancellation of services by subscriber or Accrue Capital, LLC including all subsidiaries, DBA’s, or other affiliates for any reason.
Governing Law / Jurisdiction: This Agreement is personal to you, and you may not assign your rights or obligations to anyone except with our prior written consent. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Delaware or other venue elected by Accrue Capital, LLC including all subsidiaries, website domains, DBA’s, or other affiliates, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with Accrue Capital, LLC including all subsidiaries, website domains, DBA’s, or other affiliates policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.