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Terms & Conditions (Updated 08/09/11)
Welcome to The Turnaround Letter. We hope you enjoy being part of our community which includes our monthly newsletter (the "newsletter") and turnaroundletter.com (the "Site") (collectively, the "Services"). By using the Services, you are agreeing to be bound by these Terms and Conditions, so please read carefully. If you don't wish to be bound by what we've written below, you should not register or subscribe to The Turnaround Letter. We may change these terms at any time, but we will post a notice on this Site of any material changes. Your continued use of our Services means that you accept any new or modified terms and conditions, so please check back here from time to time.
1. Subscription: Members may only maintain one active subscription with The Turnaround Letter. In other words, it is one subscription per person. Any other use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse or otherwise trick us or our members, is a breach of these Terms and Conditions.
When subscribing to The Turnaround Letter you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, The Turnaround Letter reserves the right to cancel your subscription.
The Turnaround Letter does not recommend that you provide your user ID or password for any reason to anyone. If you choose to provide this information to a third party, you do so at your own risk. The Turnaround Letter will not be responsible for any misuse of the information or resulting loss to you.
The Turnaround Letter reserves the right to increase a Service's fees or institute new charges upon reasonable notice.
Your membership will automatically renew for our quarterly subscription until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us.
2. Intellectual Property: All of the Content on our website and in our newsletter is protected by U.S. and international copyright laws and is the property of The Turnaround Letter and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on the turnaroundletter.com website and in our newsletter. This includes blogs, chats, software, our writings, graphics, purchase recommendations, and any and all other features.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2011 The Turnaround Letter. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without The Turnaround Letter’s written permission. That means you may not sell, auction, transfer, or barter your subscription or any individual publication. You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content for use on another website or service.
Please note that notwithstanding the foregoing, when you post content (such as a message-board post or Comment) you are not somehow surrendering your copyright in your expression. By posting content, you agree that The Turnaround Letter has an unlimited and perpetual license to republish anything you post on our website, but aside from that, you retain the right to use your words however you want. If you do not want us to republish your words, then please do not post them on our website.
You agree not to display any issues of The Turnaround Letter or use them in any manner without our express written permission.
3. Conduct: The Turnaround Letter encourages active and open discussion among our members. All we ask is that it is done in a lawful and civil manner--be it commenting on blogs or articles or using our system to contact a fellow member in any way. Accordingly, you agree not to use The Turnaround Letter or allow others to use your Turnaround Letter subscription for any of the following purposes:
§ Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
§ Post or transmit any material that you do not have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
§ Post, transmit, or link to sexually explicit material;
§ Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
§ Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
§ Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
§ Offer, sell, or buy any security;
§ Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
§ Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
§ Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of our site;
§ Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
§ Take any action that damages or disrupts the functioning of our systems or Services.
Unauthorized access of our Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access our Site by any means other than through the interfaces we provide for use in our accessing our Site.
The Turnaround Letter may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership or take any action for violating the above provisions or otherwise taking an action disruptive to a Service.
4. Disclaimer of Warranties and Liabilities: The Turnaround Letter is not an investment advisor and we do not provide personalized advice. We cannot know all of the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you.
This Site and its content are for information, education, and entertainment purposes. You alone will need to evaluate the merits and risks associated with the use of this Site and the information provided herein. Although this Site may provide information relating to approaches to investing or types of securities and other investments you might wish to buy or sell, no information provided on this Site is intended or should be construed as an investment recommendation or endorsement from The Turnaround Letter. Decisions based on information contained in this Site are your sole responsibility. In exchange for using this Site, you agree to not hold The Turnaround Letter liable for any possible claim for damages arising from or relating to any decision you make based on information on this Site.
The Turnaround Letter has not independently verified the accuracy of the information published by the independent sources. All material published in The Turnaround Letter and on turnaroundletter.com is subject to change without notice from The Turnaround Letter. The Turnaround Letter’s purchase recommendations are the opinions of The Turnaround Letter and the performance results of such recommendations are subject to risks and uncertainties beyond the control of The Turnaround Letter. Such risks and uncertainties include (i) national and international economic conditions and fluctuations, (ii) economic conditions of particular industry and service sectors, and (iii) the ability of the management of the company whose security is recommended to perform and achieve expected results of operations. The Turnaround Letter’s recommendations may not yield profitable results and may actually result in a loss of investment capital.
An affiliate of The Turnaround Letter provides investment products that may hold securities mentioned in our publications. Editorial personnel have no non-public knowledge of the affiliate's holdings, and the affiliate's personnel have no knowledge of any editorial content before it is published.
The Turnaround Letter does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. The Turnaround Letter makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis.
You agree that under no circumstances will The Turnaround Letter, its employees, or its agents be liable for direct, indirect, incidental, or any other type of damages resulting from your use or downloading of any material on our site. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by affects beyond our control in creating or delivering any of our Services.
By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The Turnaround Letter, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services. The Turnaround Letter relies on various sources of information that we believe to be accurate and reliable. We cannot and will not take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services.
NEITHER THE TURNAROUND LETTER NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Communication: Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
6. Advertising: This Site may include advertisements for products or services offered by other companies. We may receive payment from these advertisers. We do not allow advertisers to have any influence on the information we provide. Although we believe you may find that information offered by advertisers is helpful, we do not endorse or guaranty any product or service offered by advertisers. The Site includes promotional material about our products and services.
7. Links to Other Sites: This Site may contain links to web sites operated by other parties. We make no representation or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the web site or incorporated within. We provide these links for your convenience, but we do not review, control or monitor the materials on any third party web sites. We do not control or endorse this type of information. We are not responsible for the performance of these sites or for your business dealings with them, such as buying a product. Your use of third party web sites is subject to the terms and conditions of use for such sites.
8. Payment: User agrees to pay all fees and charges incurred in connection with the user's purchase of information on the site at the rates in effect when the charges were incurred. Provider may charge interest and late fees for payments not received in 30 days. User agrees to pay all costs (including, without limitation, attorneys' fees) incurred by provider to collect overdue amounts hereunder.
9. General: If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the Commonwealth of Virginia (except with respect to choice of law).You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the Eastern District of Virginia or the appropriate Virginia court.
The Site contains information about products and services authorized in the United States, and is intended for an U.S. audience. If you live outside the U.S., you may see information on this Site about products or services that are not available or authorized in your country.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Turnaround Letter and govern your use of our sites.