TERMS AND CONDITIONS
- Eligibility. Contrary Investing does not knowingly collect, either online or offline, personal information from persons under the age of 13. The Site is intended only for users aged 13 or older. Individuals under the age of 13 are strictly prohibited from leaving comments on the Site or subscribing to the Site mailing list and the comments or subscriptions of any such person shall be terminated upon detection.
- Accurate Information. To access certain features of the Site, We may ask You to provide certain information, such as name and e-mail address. You agree to provide true, accurate, current, and complete information about yourself as prompted by any of the Site’s data entry forms.
- No Unlawful or Infringing Content. In some instances, We permit You to upload content or make comments on material posted on the Site by Us or others. By posting, uploading or otherwise making any content available to third parties via the Site, You are granting Us a license to use, copy, distribute, transmit, display, reproduce, edit Your content. You further understand and agree that We may remove Your content at any time and the We remain in control of all editorial decisions concerning any content that You may post. We assume no obligation to review the content by reservation of these rights. You warrant that as to any content that You post to the Site, You own the rights to the content and/or are authorized to post, display, and/or transmit the content. You agree not to post, display, perform, transmit any content that You do not own or have the rights to post or that is libelous, defamatory, obscene, pornographic, abusive, or threatening, that advocates or encourages conduct that could constitute a criminal offense or give rise to civil liability, is in any way objectionable or harmful to minors or otherwise violates any applicable local, state, national, or foreign law or regulation, or that advertises or otherwise solicits funds or is a solicitation for goods or services. You understand and acknowledge that We maintain and enforce a repeat infringer policy which allows Us to terminate further the use of this Site by any person found to be a repeat infringer of the obligations and representations under this Section.
- License. By accepting these terms, We hereby grant You a non-exclusive, limited, personal, non-transferable license to use the Site for the limited purposes set forth herein. We reserve the right to terminate Your right to access the Site and any license granted under this section in Our sole discretion without undertaking any obligation to do so. Termination of Your access to this Site removes Your ability and authorization make any post of any additional content to the Site. In the event of any such termination under this section, any warranties made by you, and by the limitations of liability and damages remain in full effect. We reserve the right, in Our sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service provided through the Site, and/or Your subscription, password, or use of any such service, or any portion thereof, at any time for any reason with or without notice to you.
- Use of Content. Any content on the Site that is made available to You to access, use, view and/or download in connection with Your use of this Site or any services provided here from, including but not limited to articles and newsletters, is owned or controlled by Us and/or Our licensors, affiliates and suppliers, and is protected by copyright laws and international treaty provisions. Your use of such content is limited to the use intended by this Site and is expressly limited to Your private, non-commercial use. You may not make any copy of all or any portion of the Site for any reason without Our express written authority, in advance, of making such copy. Any other use is expressly prohibited. You agree not to make or attempt any unauthorized access to the Site.
- Affiliated Sites. In some instances, the Site provides links to third party websites. You are urged to use caution in accessing any Site other than the Site. We may not control and take no responsibility for the content of any third-party have no control over, and no liability for any third-party websites or materials. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such third-party websites or materials, and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on such websites or materials.
- Limitation of Liability.
7.1 We make every reasonable effort to maintain operation of the Site, however because as many events and circumstances are beyond Our control, We do not in any way warrant or otherwise guarantee the availability of the Site.
7.2 The information and services included in or available through the Site may contain inaccuracies, and We make no warranty of any kind, implied or express, as to its accuracy, completement or appropriateness for any purpose, and We may make improvements and/or changes in the Site at any time. THE SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7.3 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO US IN THE TWO MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY OR $300 WHICHEVER IS HIGHER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL CONTRARY INVESTING AND/OR OUR CONTENT PROVIDERS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
- Exceptions. Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, Our liability will be limited to the fullest extent permitted by applicable law.
- Indemnity. You agree to defend, indemnify, and hold Us, Our partners, officers, members, employees, agents, affiliates, advertisers, and authors harmless of and from any and all third party claims, causes of action, demands, costs, damages arising out of or in any way connected with the Site, Your use of the Site, and any information obtained from the Site, including but not limited to any content that You post to the Site, specifically including attorneys’ fees, costs, expert fees, relating to the claim etc. and any prelitigation investigation, examination, and mediation and/or arbitration fees and costs incurred. Choice of counsel remains exclusively Our choice.
- Assignment. This agreement and the rights hereunder is not assignable or transferable except that We may assign it’s rights hereunder to any person or entity who shall become a principal owner, or shareholder of Us. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
- Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
- Choice of Law. This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the State or Federal courts of the State of California situated in the City and County of Sacramento. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
- Amendments. We reserve the right to change or amend these Terms and Conditions or to impose new conditions on use of the Site, in which case We will post the revised Terms and Conditions on this page. Where We deem it appropriate, We will also place notice on an appropriate area of the Site. We may also, in some instances, notify You via email. You can tell which version of the Terms and Conditions We are using by locating the “version number” at the bottom of this page. By continuing to use the Site after We post any such changes, You accept the Terms of Service, as modified.
- 15.Copyright Infringement Claims. Any notice concerning any claim of copyright infringement should be addressed to:
Contrary Investing, LLC
COPYRIGHT INFRINGEMENT CLAIM
1710 R Street, Unit 404
Sacramento, CA 95811
16. California.Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to You under California Law if You are unsatisfied with the manner in which a complaint that You may have regarding the Contrary Investing service You may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924 or by telephone at 1-800-952-5210.
Contrary Investing welcomes your questions or comments regarding the Terms and Conditions, so please use our contact form that can be found by clicking the “Contact Us” link in the header of the Site or email us at firstname.lastname@example.org
v1.1 – 20200522