TERMS & CONDITIONS
TERMS & CONDITIONS
Your use of www.weissratings.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Site”), which are owned and maintained by Weiss Ratings, LLC (“Weiss Ratings,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read our Terms carefully. We offer the Site, including all information, tools, and events available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Site, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED IN THE DISPUTE RESOLUTION SECTION BELOW OR IF YOU OPT OUT. PLEASE CAREFULLY REVIEW THE PROVISIONS IN THE DISPUTE RESOLUTION SECTION BELOW WHICH DESCRIBES YOUR RIGHT TO OPT OUT.
You can review the most current version of the Terms at any time on this page (https://weissratings.com/en/terms-and-conditions). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF, OR ACCESS, TO THE SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
For Weiss Ratings renewal, cancellation and refund policies, refer to this section. Please be aware that those policies differ depending on the category and initial term of service.
TERMS AND CONDITIONS OF SERVICE
Weiss Ratings, LLC (Weiss Ratings) is strictly a financial research publishing firm (a publisher) and does not provide individual investment advice to its subscribers. Weiss Ratings is not a registered investment adviser or a registered securities broker/dealer.
For purposes of these Terms and Conditions of Service, the term "Weiss Ratings" (also "we," "us") includes Weiss Group, LLC (Weiss Group) and its related companies, subsidiaries, divisions and brands.
The information we publish is based on Weiss Ratings' and/or our editors' opinions plus our statistical and financial data and independent research. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendations to buy, hold, or sell securities, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person. Such recommendations may only be made by a personal adviser or broker you select.
To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Site will not contain a list or description of relevant risk factors.
Trading in various instruments (including, without limitation, stocks, options, warrants, ETFs, mutual funds, precious metals, commodities, cryptocurrencies and bonds) is considered speculative and involves risk of loss and volatility. Although our editors and publications make every effort to protect your principal, you can lose money. Therefore, they are not intended for all of your funds. If your goal for a certain portion of your funds is strictly capital preservation, we believe you should invest those funds in conservative investments such as short-term US Treasury securities or equivalent. For more information on prudent investing, also see the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.FINRA.org. Any money you allocate to speculative investments should be strictly the money you can afford to risk without jeopardizing your daily life, and without negatively impacting your plans for education, retirement, or long-term care.
Most of the information we publish is derived from primary sources, including U.S. government agencies as well as the financial institutions or publicly traded companies we cover. We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure that the information is accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or recommendations.
Required Risk Disclosure Statement: Hypothetical performance results have many inherent limitations, some of which are described here. No representation is being made that any account will or is likely to achieve profits or losses like those shown in the hypothetical performance results. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading.
Acceptance of Terms and Conditions of Service: You represent that you have read and agree to be bound by the Terms and Conditions of Service ("Terms") for Weiss Ratings. You further agree to comply with U.S. law regarding the transmission of any data obtained from the Event (as defined herein) in accordance with these Terms, not to use the Event for illegal purposes, and not to interfere or disrupt networks connected to the Event.
Weiss Ratings Alerts — SMS Texting: Users who have opted in to receive text alerts from Weiss Ratings will receive reminders, important updates, critical access links and bonuses. Users can opt-out of receiving text alerts at any time. Users are not required to opt-in to text alerts as a condition of purchasing any event.
Privacy Protection and Opt-In Policy: We do not contact customers or viewers unless requested to do so by those individuals requiring or requesting further information from us. For many of our Events, both paid and free, Weiss Ratings requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials sent from Weiss Ratings. The only customers who will receive offers from organizations outside of Weiss Ratings are those who specifically "opt-in" to receive that information. Note that they can choose to "opt-out" of those distribution lists at any time.
Registrants are "opted out" of receiving future mailings regarding product updates and promotions by default in the registration process.
Registration and Privacy: In order to gain access to portions of our Events, you must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of your use of our Events, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Events under the laws of the United States or other applicable jurisdiction. You also agree to maintain and promptly update your registration data to keep it true, accurate, current and complete.
As a member, you also have certain other obligations relating to your account:
· You may not transfer or resell your use of or access to the Events to any third party;
· You are responsible for all activities that occur under your account;
· You are responsible for maintaining the confidentiality of your user name, member name and password; and
· You agree to notify us at [email protected] if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your user name, member name or password.
Social Media: This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, Telegram, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).
The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Weiss Ratings. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
Independent Contracted Editors: Weiss Ratings is strictly a publisher of financial information. Neither Weiss Ratings nor any of its affiliated companies are registered investment advisers or broker/dealers. However, at times Weiss Ratings has agreements with independent editors who are or have acted in their own capacity as an investment advisor or broker outside the scope of their editorial responsibilities with Weiss Ratings. Any business relationship you may enter with an independent editor is not associated, condoned, affiliated or endorsed by Weiss Ratings. Any independent editor acting in their capacity as a registered adviser or broker is OUTSIDE the scope of their agreement and contracted responsibilities with Weiss Ratings. Subscribers should not view any of our publications as offering personalized legal or investment counseling.
User Conduct: You may not republish, upload, post, transmit or distribute content available through the Events to online bulletin boards, blog sites, message boards, newsgroups, chat rooms, or in any other 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.
In addition, in connection with your use of the Events, you agree not to:
- Restrict or inhibit any other visitor from using the Events, including, without limitation, by means of "hacking" or defacing any portion of any of our websites;
- Use the Events for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Events or any of our websites;
- "Frame" or "mirror" any content available through the Events or any of our websites 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 content available through the Events or any of our websites; or
- Harvest or collect information about users of the Events without their express consent.
You also agree that at all times you will:
- Comply with all applicable laws, rules and regulations in connection with your use of the Events and the content made available therein;
- Be responsible for all statements made and acts or omissions that occur on your user account while your password is being used;
- Waive any and all rights against Weiss Ratings and hold Weiss Ratings harmless in connection with any claims relating to any action taken by Weiss Ratings as part of its investigation of a suspected violation or result of its conclusion that a violation of the Terms has occurred, including but not limited to the suspension or termination of your membership account.
Further, you are solely responsible for the content of your posts and communications through the Event. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, image or document repository, or other interactive service that may be available to you on or through this Event, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- Attempts to manipulate a stock’s price. Intentionally concealing a position in a security and/or presenting false or misleading statements in order to manipulate a stock price will not be tolerated. IF WE DETERMINE THAT YOU ARE ENGAGING IN ANY SUSPICIOUS ACTIVITY, WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO ALL OR PART OF THE EVENT IMMEDIATELY, AND, IF DEEMED APPROPRIATE BY US IN OUR SOLE DISCRETION, NOTIFY ANY RELEVANT GOVERNMENT OR REGULATORY AUTHORITIES.
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, vulgar, hateful, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Attacks, verbally or otherwise, any other user, the Event, any non-public figure, or any representatives or employees of Weiss Ratings;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or other proprietary or privacy right of any party;
- Misappropriates the name, likeness, image, sound or other physical attribute of another person or user or falsely impersonates any other user, person or entity, including any of our employees or representatives;
- Constitutes unauthorized or unsolicited commercial e-mail, junk or bulk email (also known as “spamming”), or chain letters;
- Contains any unauthorized advertising or promotion of any product or service, any form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of the Event or of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any subscriber, user or third party;
- Deletes, obscures or alters any attributions, legal notices or proprietary designations or labels on any content that you upload or post to any portion of the Event; or
- Transmits or uploads false or inaccurate billing, profile, contact or other information relevant to your subscription or user account;
- Contains the private or personally identifying information relevant to you or to other users.
You agree that we may, at any time and in our sole discretion, limit, suspend, or terminate your ability to post to any or all parts of the Event or to terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, and we reserve the right to report or refer suspected criminal violations to law enforcement authorities and to cooperate with law enforcement authorities in investigating suspected criminal violations involving our Event.
Intellectual Property: Weiss Ratings' publications and websites, including but not limited to text, content, photographs, video, audio, and graphics (the "Event or Events"), are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Events are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Events are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Events.
Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Event. The analysis and data included in the Event may not be recirculated, redistributed or published without prior written consent from Weiss Ratings. Modification of the Events' content is a violation of Weiss Ratings copyright. No part of the Events may be offered for sale or distributed. You acknowledge that the Events have been developed, compiled, prepared, revised, selected and arranged by Weiss Ratings and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Weiss Ratings and such others.
You agree to protect the proprietary rights of Weiss Ratings and all others having rights in the Events during and after the term of this agreement and to comply with all reasonable written requests made by Weiss Ratings or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Events. You agree to notify Weiss Ratings in writing promptly upon becoming aware of any unauthorized access or use of the Events by any party or of any claim that the Event infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
Links to Other Websites: Your use of certain services made available to you by Weiss Ratings may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Events. 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 own risk.
Third-Party Content and Advertisers: Certain areas of Weiss Ratings publications and/or websites may include "External Sponsorship" advertisements, which are provided by outside entities or persons unaffiliated with Weiss Ratings. All the information, data, images or other content contained in those ads, or in the websites and publications to which they are hyperlinked, are the sole responsibility of the entity or person who provided them and are based on their own opinions, forecasts or philosophy, which may differ from those of Weiss Ratings. You acknowledge that Weiss Ratings is not the provider of external sponsorships and, as such, does not guarantee their accuracy, integrity or quality.
Weiss Ratings may also sell paid advertising in an online medium known as co-registration, where advertisers' offers are presented to users. You acknowledge that any business dealings you may have with advertisers found on or through Weiss Ratings, including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser. You agree that Weiss Ratings shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Events. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial adviser or a licensed broker before buying or selling any security or investment recommended by an outside advertiser.
License: You acquire absolutely no rights or licenses in or to the Events and materials contained therein other than the limited right to utilize the Events in accordance with the Terms. Should you choose to download content from the Events, you must do so in accordance with the Terms. Such download is licensed to you by Weiss Ratings only for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.
Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Events (the "Intellectual Property Rights") shall, as between you and Weiss Ratings, at all times be and remain the sole and exclusive property of Weiss Ratings. All present and future rights in and title to the Events (including the right to exploit the Events and any portions of the Events over any present or future technology) are reserved to Weiss Ratings for its exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Events or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Weiss Ratings or the Events, or the names of any individual participant in, or contributor to, the Events, or any variations or derivatives thereof, for any purpose, without Weiss Ratings prior written approval.
Copyright/Trademarks: The entire contents of the Weiss Ratings websites (the "Sites"), including all materials contained on such Sites (the "Materials") are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Weiss Ratings owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks on the Sites are the service and trademarks of Weiss Ratings. Without Weiss Ratings prior written permission, you shall not display, reproduce, or use, in any manner, any such marks; nevertheless, all goodwill associated with any use by you thereof will inure exclusively to Weiss Ratings or their respective owners. The Materials may not be copied, reproduced, or distributed in any way, in whole or in part, without the express prior written permission of Weiss Ratings, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
Copyright Notice: The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
11780 US Highway One
Palm Beach Gardens, FL 33408
Tel.: (877) 934-7778
Email: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material, and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
RENEWAL, CANCELLATION, AND REFUND POLICIES
Cancellation policy: Subscribers may cancel their Event access subscription at any time by emailing [email protected] or calling 1-877-934-7778 or 1-561-627-3300 from overseas.
Refund Policy in First Year: The first-year access fee is nonrefundable. However, subscribers may cancel for pro-rated credit on the balance of their access subscription, which can be applied toward the purchase or renewal of any other Weiss product or service.
Automatic renewal policy: After the first year, the annual access subscription will renew, and subscribers will be charged each year thereafter until they cancel their subscription. In addition, subscribers may opt out of this automatic renewal feature.
Refund policy in subsequent years: After the first year, subscribers may cancel for pro-rated refund on the balance of their access subscription.
Lifetime subscription: Subscribers pay a one-time fee to upgrade from a yearly subscription to a lifetime subscription. This upgrade fee is fully refundable if canceled in the first year. After the first year, the upgrade fee is not refundable. In addition, beginning in each subsequent year, lifetime subscribers are charged a yearly maintenance fee, which is nonrefundable.
Cancellation due to account termination: In the event subscription access is suspended or terminated for violation of these Terms, as discussed in the User Conduct section above, subscribers shall forfeit the opportunity to receive a credit or refund of subscription fees paid for the Event
Third party credit card updating: As a convenience to its users, Weiss Ratings subscribes to a third party service which helps update your credit card details. Thus, if your credit card details change, your card provider may provide Weiss Ratings with that updated card information ("Account Updater"). We may use this new information for your future subscription payments.
Personal Use License: "Personal Use" shall mean use of the Materials for your customary personal purposes. "Personal Use" shall not mean any distribution for commercial purposes whatsoever of the Material or any component or derivative work thereof. "Personal Use" shall not include any use of the Materials by persons that are not members of your immediate household. All such household members shall be notified by you as to the Terms and shall agree to be bound by it before they can have use of the Materials.
This License is subject to Weiss Ratings Terms of Service. There is no warranty, express or implied, provided with the purchase of the Materials, including with respect to fitness for a particular purpose. Weiss Ratings will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery of or your use of the Materials.
User Submissions: You may submit editorial requests, creative suggestions, ideas, notes, concepts, information, feedback, testimonials or other materials (collectively, "User Submissions") to Weiss Ratings through a variety of media, including without limitation through e-mail or online submissions. You grant us, including any of our assignees, a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual and irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import User Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. By providing a User Submission, you also acknowledge that the User Submission may be posted online or otherwise reproduced by Weiss Ratings, and waive any privacy or publicity rights you may have relating to the User Submission or use of your name or identity in conjunction therewith.
Weiss Ratings may, at its sole discretion, remove or prevent access to, in whole or in part, any online User Submission, for any reason or no reason, including any material it deems in violation of its standards in its sole discretion. The disclaimers applicable to Third-Party Content and Advertisers, as outlined in that section of these Terms, also apply to User Submissions.
By submitting your name, you allow Weiss Ratings to publish your User Submission and you also state that:
- If you discuss a specific Event in your User Submission, you are a current subscriber of that Event.
- The information that you include in your User Submission is accurate and complete.
- You have no material connection to Weiss Ratings (i.e., you are not a current or former employee of Weiss Ratings, or related to a current or former employee of Weiss Ratings,) and have not been offered, or provided, any compensation or item of value in exchange for providing a favorable User Submission.
Prohibited Activities: You shall not alter, create derivative works or make any changes or additions to any material obtained from Weiss Ratings. For the purpose of this Agreement, "derivative works" shall mean any changes to the documentation underlying the Events or Materials, or creation of any new document that contains any portion of the Events or Materials or any underlying documentation.
You shall not provide third parties with direct access to the Events or Materials so that such third parties may use those Events or Materials directly.
You shall not co-brand or alter any trademarks or copyrights.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine usage); (b) fail to follow the instructions provided on the Sites in a "robots.txt" file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Weiss Ratings without the prior written consent of Weiss Ratings.
Disclaimer and Limitation of Liability: You agree that your use of the Event is at your sole risk and acknowledge that the Event and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Weiss Ratings makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Weiss Ratings does not warrant that the Event is compatible with your equipment or that the Event is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Weiss Ratings, its suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Weiss Ratings, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Event and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Weiss Ratings by any other party or any fault, inaccuracy, omission, delay or any other failure in the Event caused by your computer equipment or arising from your use of the Event on such equipment. The content of other Web sites, services, resources, goods or advertisements (including those for which Weiss Ratings may receive compensation) that may be linked to the Event is not maintained or controlled by Weiss Ratings. Weiss Ratings is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Event. Weiss Ratings does not make any warranty, express or implied, with respect to the use of the links provided on the Event, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Event or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Event. Weiss Ratings is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Event. You understand that Weiss Ratings and/or third-party contributors to the Event may choose at any time to inhibit or prohibit their content from being accessed under the terms. You acknowledge that the Event is provided for information purposes only and is not intended to be used as customized recommendations to buy, hold, or sell securities, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person.. Weiss Ratings does not guarantee the sequence, accuracy, completeness or timeliness of the Event and the provision of certain parts of the Event is subject to the terms and conditions of other agreements to which Weiss Ratings is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Weiss Ratings, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Event including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Event or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WEISS RATINGS, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A WEISS RATINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE EVENT OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Weiss Ratings total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing the Events or Materials.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
B. Exceptions: Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Weiss Ratings both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Weiss Ratings will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Florida: (i) an action by Weiss Ratings relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Weiss Ratings for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” 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. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Palm Beach County, Florida, and forever waive any challenge to said courts’ jurisdiction and venue.
C. Required Pre-Dispute Procedures: We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Weiss Ratings, Attn: Legal Department, 11780 US Highway One, Suite 201, Palm Beach Gardens, FL 33408. Weiss Ratings will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Weiss Ratings or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Palm Beach County, Florida to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
D. Commencing Arbitration: You and Weiss Ratings agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
E. Arbitration Location: If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Palm Beach County, Florida unless Weiss Ratings otherwise agrees to arbitrate in another forum requested by you.
G. Fees: Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
H. Governing Law and Award: The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
I. Enforceability: This provision survives termination of your account or relationship with Weiss Ratings, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
J. Miscellaneous: Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Weiss Ratings and shall not be modified except in writing by Weiss Ratings.
K. Amendments: Weiss Ratings reserves the right to amend this arbitration provision at any time. Your continued use of the Site, purchase of an Event on or through the Site, or use or attempted use of a Weiss Ratings Event, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Weiss Ratings will provide you notice and an opportunity to opt-out. Your continued use of the Site, purchase of an Event on or through the Site, or use or attempted use of a Weiss Ratings Event, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT WEISS RATINGS, ATTN: LEGAL DEPARTMENT, 11780 U. S. HIGHWAY 1, SUITE 201, PALM BEACH GARDENS, FL 33408. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY EVENT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE EVENT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1,000.00.
Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless Weiss Ratings, and its employees, representatives, suppliers, and agents, against any claim, suit, action, or other proceeding brought against Weiss Ratings, its employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Weiss Ratings, its employees, representatives, suppliers, and agents is based on or arises in connection with the Event, including but not limited to your use or someone using your computer's use of the Event; a violation of the Terms by you or anyone using your computer; a claim that any use of the Event by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Event by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Termination of Terms: Either you or Weiss Ratings may terminate the Terms at will, at any time and effective immediately. You may terminate the Terms by discontinuing use of the Events and destroying all materials obtained from the Events. The Terms will terminate immediately without notice from Weiss Ratings if you, in Weiss Ratings' sole discretion, fail to comply with any provision of these Terms. Upon termination by you or upon notice of termination by Weiss Ratings, you must destroy promptly all materials obtained from the Events and any copies thereof.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Palm Beach County in the State of Florida with respect to any legal proceedings that may arise in connection with the Events or from a dispute as to the interpretation or breach of the terms of service.
Accessing Events Outside the United States: Weiss Ratings does not represent that materials in the Events are appropriate or available for use in countries outside the United States. If you choose to access the Events from outside the United States, you are responsible for compliance with foreign and local laws. Software is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Events, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.
Miscellaneous: The Events are directed solely to individuals residing in the United States. Those who choose to access the Events from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable, as discussed above. We reserve the right to limit the availability of the Events to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Events that we provide. You accept that Weiss Ratings has the right to change the content or functionality of any aspect of the Events at any time at our sole discretion. You further accept that such changes may result in your being unable to access some or all Events.
Severability of terms: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Changes to the Terms of Condition and Use of Our Events: We reserve the right at any time to:
- Change the Terms and Conditions of the use of our Events;
- Change all or any portion of the Events, eliminating or discontinuing any content or feature of the Events (including but not limited to adding or removing outside contributors, ceasing to provide access to an Event, and/or providing an alternative Event to You as a replacement); or
- Change the fees, charges or other conditions for use of the Events (with reasonable notice, in our sole discretion).
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
Agreement in entirety: The Terms are the entire agreement between you and Weiss Ratings.
ACKNOWLEDGEMENT AND AGREEMENT
Notwithstanding any other agreement or other communications between Weiss Ratings and any Subscriber to the contrary, receipt or use of any Materials provided by Weiss Ratings, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its Terms and Conditions.