Your use of our blogs, websites, and other publications (collectively referred to as the “websites”) is strictly subject to this Terms of Service (TOS), which constitutes a legally binding agreement between you, the subscriber, and eSagePrime Company (ESPC).
Terms and Conditions of Use (Our Agreement)
ESPC (sometimes referred to as “we”, “us” or “our”, as appropriate for the context) and its brands (e.g., InvestBetterSpendSmarter.com, FunStocksIndex.com, eSagePrime.com, etc.) is strictly a research and consumer marketing firm and does not provide individual investment advice to our subscribers, members or other users who access our websites (collectively referred to for purposes of breadth and convenience as “subscribers”, “you” or “your”, as appropriate for the context).
We publish information based on our opinions, our statistical and financial data analysis, and independent research. We obtain research from public sources and from private sources to which we subscribe or contract. Although we make every effort to provide the most accurate and updated information possible, our information does not take into account your personal finances and goals, and therefore is not intended to be used, considered or treated as customized investment advice. The ideas and suggestions which we provide should be treated as educational information to supplement (and not to replace) your own due diligence, research, investment experience and spending strategies. We strongly recommend that you consult with a qualified and competent financial advisor if you wish to obtain customized investment or spending advice.
All investments involve risk of loss. While we endeavor to provide information designed to assist you to make investment decisions that protect and preserve your principal, you can lose money with any investment.
The information we publish is mostly derived from primary sources, including (but not limited to) government agencies, financial institutions and publicly traded companies. We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure you that the information is accurate or complete. Nor do we guarantee the success of any investment decision you may make using our analysis, data, information, ideas, or suggestions.
Our Model Portfolios returns do not take into account fees or brokerage commissions. When evaluating a model portfolio that was not executed in the market, investors should also be aware that many such models may be created with the benefit of back testing analysis.
As with all investment programs, past performance is no guarantee of future results, and ESPC does not guarantee that individuals making investment decisions based upon information published on our websites, our Model Portfolios, or any other similar literature, will achieve similar gains or losses. The investment strategy illustrated by the Model Portfolios and other presentations is subject to many risks (including changes in stock/bond markets, and economic conditions) and the possibility of loss is real.
References to examples of past performance are not intended to provide a total picture of portfolio results. Your results may vary considerably depending on a series of factors, including: (a) when you begin or stop investing, (b) which information or suggestions you choose to act on, and your subjective interpretation of information or suggestions contained on our websites, (c) how much money you choose to invest in each strategy or idea, (d) the specific prices executed on your trade orders, (e) the broker commissions you pay, (f) the interest income you earn on uninvested funds, and (g) the number and magnitude of losing or winning trades you experience. There may be other factors that impact your personal results.
The investment ideas that we share may reflect the same securities positions that are held in the personal accounts of our employees. ESPC does not and will not receive any compensation directly from any particular investment idea that is published on our website(s). For full details regarding our compensation structure, please see our “Disclaimer and Disclosures” (found on our website at InvestBetterSpendSmarter.com), the terms of which are incorporated as part of this TOS.
Limitation on ESPC’s liability
You expressly acknowledge and agree that ESPC’s liability under this Agreement for any and all potential claims and causes of action, if any, shall be limited in the aggregate to the direct and actual damages incurred by a subscriber; provided, however, that in no event shall ESPC’s liability for damages exceed the fees received by ESPC from the subscriber under this Agreement. ESPC will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by ESPC, and subscriber hereby releases and covenants not to sue for any and all such causes of action. Without limitation, ESPC shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in the market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing the ESPC websites or any other source of material provided by ESPC; (3) any absence of material on ESPC website; (4) ESPC’s failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. ESPC and subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of a breach of this Agreement by ESPC, or a breach of any standard of care or duty to subscriber. Any references by ESPC to “no-risk” or “risk-free” services refer solely to the subscription price refund policy and not to any investment.
DISCLAIMER OF WARRANTY
ANY AND ALL INFORMATION AND SERVICES PROVIDED BY ESPC OR CONTAINED ON ANY OF OUR WEBSITES ARE PROVIDED “AS IS” AND ESPC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Premium Memberships and Premium Subscriptions (subscribers of which are jointly referred to as “Premium Subscribers” for convenience) may receive a 100% refund on their membership and/or subscription fee(s) within the first year of their subscription, but this money-back guarantee expires on the 365th day following enrollment. Premium Subscribers can cancel their membership at any time by written notice to ESPC. If you have subscribed during certain special promotions, other refund terms may also be available as determined by ESPC.
NO NEW DISCOUNTS POLICY
Upon the effective cancellation of a “discounted” Premium Subscription and/or Premium Membership, the Premium Subscriber/Premium Member shall not receive further discounts for future subscriptions unless specifically allowed by ESPC in its sole discretion.
ACKNOWLEDGMENT AND AGREEMENT
Each and every use of our websites and enrollment in a subscription constitutes an affirmation by you that you voluntarily consent to the terms and conditions set forth in this TOS.
ALL RIGHTS RESERVED
ESPC owns and retains all proprietary rights to our websites and the content contained therein, subject to the intellectual property rights of third parties in and to such materials we re-publish from other sources, including all media produced and/or distributed through YouTube and any other video distribution partnerships. Our websites contain the copyrighted material, trademarks, and other proprietary information of ESP, its licensors, licensees, affiliates and possibly other third parties. Except for information which is in the public domain or for which you have been given advance written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any ESPC proprietary information. Information posted by ESPC is protected whether or not it is identified as proprietary to ESPC. You agree to not modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission from us. If you desire to use any of ESPC’s proprietary, patented, trademarked, and copyrighted materials for any purpose whatsoever other than for your own personal investment and spending purposes, please contact ESPC to express your interest.
SPONSORS, ADVERTISERS, AND AFFILIATE DISCLOSURE
Except for exclusive content that may be accessed by Premium Subscribers, the information on ESPC websites is generally provided free of charge to visitors, readers, and viewers. We are able to create and provide such high quality content to non-Premium Subscribers due in large part to the generous support of our partners, sponsors, affiliates, and advertisers.
From time to time, our website will contain links to products or services offered by our affiliates for ease of access and the convenience of our subscribers. Notwithstanding anything herein or on any of our websites to the contrary, the inclusion of an affiliate link on any of our websites does not in any way imply our endorsement of any particular product or service offered by our affiliates/advertisers. Likewise, the omission of such links is not intended to suggest or imply that ESPC recommends against buying or using any third party product or service. To the extent that our relationship with any third party materially influences the content found on our websites, it is our policy to fully disclose such relationship(s).
You agreed to indemnify, defend and hold ESPC, its affiliates, officers, directors, employees, and agents (collectively for purposes of breadth and convenience, the “ESPC Releasees”), harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, incurred by any ESPC Releasee due to or arising out of your violation or breach of this TOS.
ENTIRE AGREEMENT; MODIFICATIONS
This TOS contains the entire agreement between you and ESPC regarding the use of its websites and services. If any provision of this TOS is held invalid, the remainder of this TOS shall continue in full force and effect. ESPC may modify this TOS from time to time, and any notification of changes in this TOS will be posted on the relevant website. It is your responsibility to review this TOS to apprise yourself of any changes or updates, and if you do not agree to any modifications, you should terminate your use of our websites and services. Each continued use of our website(s) by you now, or following the posting of notice of any changes in the TOS by ESPC, will constitute a binding affirmation by you of this TOS, as amended.
ESPC is the owner of all information contained on our websites, except as otherwise indicated. Other parties’ trademarks and service marks that may be referred to or linked to in our publications are the property of their respective owners. You may link to our websites to gain access to our general publication and information. If you are a Premium, you may print a copy of the information contained in our Premium publications for your personal use only but you may not reproduce or distribute the information to others or substantially copy the information on your own computer and/or server, without prior written permission of ESPC. Use or reproduction of information from our websites for any other purpose is expressly prohibited by law and this TOS, and may result in civil liability and/or criminal penalties.
OUR RIGHTS TO REPUBLISH, REDACT, AND REFUSE
If you provide comments on our websites, we retain the right to republish, redact, or refuse to publish such comments based solely on our discretion and without notice to you, and by posting to our websites, you expressly convey to ESPC all copyrights in and to your posted material.
AGE TO SUBSCRIBE OR PARTICIPATE
By accessing our websites, you certify that you are over the age of 18, and you agree not to participate in any of our contests or games unless/until you are 21 years of age or older.
GOVERNING LAW AND ENFORCEMENT OF THIS TOS
This TOS and the legal relationship between you and ESPC shall be governed by and construed in accordance with the laws of the State of Florida regardless of the laws that might otherwise govern under applicable choice-of-law principles. The parties hereto agree to submit to the jurisdiction of each of the federal and state courts located in Indian River County, Florida in connection with any matters arising out of this TOS. In the event it becomes necessary for ESPC to successfully enforce or defend any aspect of this TOS, it shall be entitled reimbursement for (or recovery of) its reasonable attorneys’ fees and costs.