Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Author, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your www.DIYInvesting.org Account and Site. If you create an account or post comments on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions, including, but not limited to comments, taken in connection with that account. Author may change or remove any comment that it considers inappropriate or unlawful, or otherwise likely to cause Author liability. You must immediately notify Author of any unauthorized uses of your account or any other breaches of security. Author will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate comment on the blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog and/or website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog and/or website is not named in a manner that misleads your readers into thinking that you are another person or Service. For example, your blog’s URL or name is not the name of a person other than yourself or Service other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Author or otherwise.
- By submitting Content to Author for inclusion on the Website, you grant Author a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, promoting and monetizing the Website. If you delete Content, Author will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, Author has the right (though not the obligation) to, in Author’s sole discretion (i) refuse or remove any content that, in Author’s reasonable opinion, violates any Author policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Author’s sole discretion. Author will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Optional paid services may be made available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Author the monthly or annual subscription fees indicated for that service (additional payment terms may be specific for certain services and are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you notify Author before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
- General Terms.
- Responsibility of Website Visitors. Author has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Author does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Author disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.DIYInvesting.org links, and that link to www.DIYInvesting.org. Author does not have any control over those non-DIYInvesting websites and webpages, and is not responsible for their contents or their use. By linking to a non-DIYInvesting website or webpage, Author does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Author disclaims any responsibility for any harm resulting from your use of non-DIYInvesting websites and webpages.
- Copyright Infringement and DMCA Policy. As Author asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.DIYInvesting.org violates your copyright, you are encouraged to notify Author in accordance with the DMCA. Author will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Author will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Author or others. In the case of such termination, Author will have no obligation to provide a refund of any amounts previously paid to Author. Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. We retain the right to seek and collect those damages. All requests for removal due to copyright infringement must include the following: 1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 2. An identification of the copyrighted work claimed to have been infringed; 3. A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Website and/or Author to find and positively identify that material. For example we require a link to the specific blog post that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to; 4. Your name, address, telephone number and email address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Intellectual Property. This Agreement does not transfer from Author to you any Author or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Author. Author, www.DIYInvesting.org, the www.DIYInvesting.org logo, and all other trademarks, service marks, graphics and logos used in connection with www.DIYInvesting.org, or the Website are trademarks or registered trademarks of Author or Author’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Author or third-party trademarks.
- Advertisements. Author reserves the right to display advertisements on the Website unless you have purchased an Ad-free Upgrade. Author reserves the right to request that all Ad-blocking software be disabled for www.DIYInvesting.org as the Website is supported through the use of advertisements.
- Affiliates. The Website frequently links to affiliate programs, including Amazon.com, and may earn affiliate income in the form of marketing fees, royalties, sales commissions, rebates, and points. You agree that neither the Website nor Author guarantees the suitability, warrantability, quality, price, functionality, or safety of any products or services offered by and sold through affiliate relationships; you agree to hold them, as well their affiliates, authors, contributors, and owners harmless from any negative consequences or harm arising from the purchase or use of such products and services.
- Attribution. Trey Henninger reserves the right for attribution links to be displayed on any site that uses the blog at www.DIYInvesting.org as a source. All information from the Website used as source material MUST be cited with a link to www.DIYInvesting.org, and an attribution given to both ‘www.DIYInvesting.org’ and ‘Trey Henninger’ as the Author.
- Changes. Author reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Author may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Author may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.DIYInvesting.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Authorship provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website frequently contains information, facts, and opinions, from various individuals and organizations, including but not limited to the Author. The Website is provided “as is”. Author and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Author nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Disclaimer about Investing and Investments. The Website is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should seek professional financial advice from an independent source, or independently research and verify, any information that you find on the Website or written by the Author and wish to rely upon, whether for the purpose of making an investment decision or otherwise. The Website and/or Author are not an investment advisor, and is not a broker dealer. We have no access to non-public information about publicly traded companies, and this is not the place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by the Financial Services Authority. The information on this site is intended to be educational and to be general and generic information related to stocks, investments, and strategies. No content on this site is intended or should be construed as a recommendation to enter into a transaction for any securities or to engage in any of the investment strategies discussed on the Website. We do not provide specific personalized recommendations as to whether a stock or investment approach is suited for the specific financial needs of a specific individual. All information, tools, and resources presented on this site are for informational and educational use only. The Website and Author will not be held liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense, or other loss you may suffer arising out of such information or any reliance you may place upon such information. This information includes but is not limited to content submitted by Author and Content by Contributors and other users of the site. Any arrangements between you and any third party contacted via the Website are at your sole risk.
- Investment Warnings. All investments entail risks. The value of shares and investments and the income derived from them can go down and up. Investors may not get back the amount they invested. Past performance is not a guide for future performance. The Website and Author provide this disclaimer for your informational and educational purposes. We recommend that you perform your own research and not to make any investment decisions based upon the Website or any material or Content on the Website.
- Limitation of Liability. In no event will Author, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Author under this agreement during the twelve (12) month period prior to the cause of action. Author shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Author, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Descriptive Headings. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in limiting the rights of the Website or Author.
- Construction. The pronouns used herein shall include, where appropriate, either gender or both, singular, and plural.
- Miscellaneous. This Agreement constitutes the entire agreement between Author and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Author, or by the posting by Author of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions, if any, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Morris County, New Jersey. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Morristown, New Jersey, in the English language and the arbitration decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and will be limited to the minimum extent necessary, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Author may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
[May 2, 2015: Original Version Published]