Terms of Use
By
accessing and using any content of investbymodel.com and related emails (the
"Site") owned and operated by AB Analytical Services, Inc. (the "Company"), the User
agrees to the following terms:
1. No Personal Advice
The Information on the Site is
provided for information purposes only. The Information is not intended to be
and does not constitute financial advice or any other advice. The Company is not
responsible for any investment decision made by you. Investors should always
check with their licensed financial advisor, to determine the suitability of any
investment.
2. Grant of Rights
Subject to the limitations set out in this Agreement, the Company grants you a
non-exclusive, non-transferable right to access and use the Site for the
duration of the membership within the "fair use" provisions of the Copyright
Act. The Log-In ID and password assigned
to you may not be transferred, assigned or otherwise loaned (whether for
temporary use or otherwise) in any manner whatsoever.
3.
Limitations on the Membership
The membership is granted only to Individual Investors. An Individual Investor is defined as
a person (and not a corporation, partnership, proprietorship or any other entity
whatsoever) who does not perform, and is not in any way engaged, in investment
services and is only making investment decisions for his/her account and/or
dependents and non-business use. Any use that violates these terms may subject the Subscriber making such uses to
immediate revocation of access to the Site, as well as any other applicable
civil or criminal penalties.
4. Use of the Site's
Content
You acknowledge that the Site contains or provides access to information,
software, advertising and financial market information, including but not
limited to, design, text, graphics, audio, video clips, images, links, financial
analysis and research, other financial market data, and other material
(collectively, the "Content") that may be protected by copyright, trademark or
other proprietary rights of the Company or third parties. All Content on the
Site is copyrighted as a collective work of the Company pursuant to applicable
copyright law. Unless otherwise indicated, the product and service names used in
connection with the Site are trademarks or registered trademarks of the Company.
You acknowledge that the market data information provided is property of the
various exchanges and other information providers and therefore subject to
modifications from these sources and to all copyright and other interests
maintained by the sources. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content available on or
accessed through the Site. You may not modify, publish, transmit, transfer or
sell, reproduce, create derivative works from, distribute, redistribute, store,
perform, link, display, or in any way manipulate any of the Content, in whole or
in part, except as expressly permitted in these terms and conditions or with the
prior written consent of the Company. Content consisting of downloadable
software may not be reverse engineered. You may download or copy the Content
only for your own personal use, except as provided elsewhere in these terms and
conditions, provided that you retain on such materials all copyright and other
notices contained in such Content. The only exceptions to this paragraph are (a)
as expressly permitted by the copyright laws, (b) with the express prior written
permission of the Company or, if other than the Company, the owners of such
Content, or their authorized agents.
5. Electronic Documents
We may, in our sole discretion, seek your consent to the terms and conditions of
this Agreement and certain other agreements on the Site by means of an
electronic signature by requesting you to affirmatively "click" on boxes
containing the words "I Accept," "I Agree" or other similar phrases
(collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your
"click" will be deemed a legally binding electronic signature. You acknowledge
and agree that you will carefully review any document or web page before making
such an electronic signature.
6. Disclaimer of
Warranties And Limitation of Liability
a) Member expressly agrees that use of the Site are at his or her sole risk.
Neither the company, its affiliates, nor any of their respective employees,
agents, third-party content providers, or licensors warrants that use of the
Site will be uninterrupted or error free; nor do they make any warranty as to
the results that may be obtained from use of the Site or as to the accuracy,
reliability, or content of any information, service, or merchandise provided
through the Site.
b) The Site is provided on an "as is" basis without warranties of any kind,
either express or implied, including but not limited to warranties of title or
implied warranties of merchantability or fitness for a particular purpose, other
than those warranties which are implied by and incapable of exclusion,
restriction, or modification under the laws applicable to this agreement.
c) The disclaimers of liability contained in this section apply to any damages
or injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach of contract, tortious
behavior, negligence, or under any other cause of action.
d) In no event will the company or any person or entity involved in creating,
producing, or distributing content of the Site be liable for any direct,
indirect, incidental, special, or consequential damages (including but not
limited to lost profits or trading losses) arising out of the use of or
inability to use the Site or out of the breach of any warranty. Member hereby
acknowledges that the provisions of this section shall apply to all content of
the Site.
e) Under no circumstances will the company be liable for any loss or damage
caused by a member's reliance on information obtained through the content on the
Site. It is the responsibility of each member to evaluate the accuracy,
completeness, or usefulness of any information, opinion, advice, or other
content available through the Site.
f) The company does not endorse, warrant, or guarantee any product or service
offered by a third party through the Site.
g) Under no circumstances shall the Company, its officers, directors,
shareholders agents or its third-party providers be liable for any direct,
indirect, incidental, punitive, special or consequential damages (including
without limitation, attorneys' fees), whether in an action of contract,
negligence or other tortious action, that result from the use of, or the
inability to use, any materials available on the Site, even if the Company has
been advised of such damages. If you are dissatisfied with any of the Site's
Information or other materials, or with any of the terms and conditions
contained in the Site, your sole and exclusive remedy is to discontinue using
the Site. If the Company or any of its third-party providers are found liable in
connection with a claim arising out of or related to the services or the Site,
their aggregate liability in such an event shall not exceed the amount of the
fees paid by you for use of the service during the month in which the event
giving rise to the liability occurred. Your right to monetary damages in such
amount shall be in lieu of all other remedies to which you may otherwise be
entitled from the Company, or its third-party providers.
h) The Company's affiliates or associates and/or its employees may have
interests, financial or otherwise in the securities held by any Model
Portfolios. The Company does not condone any type of "front-running" activities
by its affiliates or associates and/or its employees.
7. Indemnification
Member agrees to indemnify and hold the Company, its parent, its employees, its
officers, and its agents harmless from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from Member's use of the Site or from
Member's violation of this Agreement or any third party's rights including but
not limited to copyright, property, and privacy rights. This indemnification and
hold harmless obligation will survive this Agreement and Member's use of the
Site.
8. Violation of Terms Of
Use
The Company has the right, in its sole discretion, to terminate your access to
the Site, without liability to you or any third party, if you violate any of
these Terms of Use, violate the rights of the Company, interfere with any other
user's access or use of the Site, or if the Company decides that your use is
otherwise detrimental to the Company, the Site, or the Company's suppliers or
licensors. The Company does not have any obligation or liability to you for the
performance or nonperformance of those activities.
9. Policies
Member has read and agrees to the Privacy Policy and Refund Policy (the
"Policies") located on the Site. The Company reserves the right to change the
Policies at any time. You are responsible for regularly reviewing the Policies.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on the Site, or by electronic or conventional mail.
Continued use of the Site following any such changes shall constitute your
acceptance of such changes.
10. Modification
The Company reserves the right to change this Terms of Use agreement at any time
by revising the terms and conditions herein.
You are responsible for regularly reviewing these terms and conditions.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on the Site, or by electronic or conventional mail.
Continued use of the Site following any such changes shall constitute your
acceptance of such changes.
11. Governing Law and
Jurisdiction.
This agreement is governed in accordance with the laws of the State of
Florida, and jurisdiction shall be in Broward County only.
12. Waiver and Release of Rainbox
Holdings, Inc.
By accessing or using any content of investbymodel.com or any related emails
(also known as the “Site”), you agree that you are knowingly, voluntarily, and
intelligently releasing Rainbox Holdings, Inc., of any and all damages (whether
incurred or potential, known or unknown, direct or indirect, incidental or
consequential) resulting from or related to the use, access, or reliance on the
Site, the software, or any information contained in any report, email, or
otherwise listed on the Site.
Additionally, you agree that you are expressly waiving your right to sue Rainbox
Holdings, Inc., for any and all damages (whether incurred or potential, known or
unknown, direct or indirect, incidental or consequential) resulting from or
related to the use, access, or reliance on the Site, the software, or any
information contained in any report, email, or otherwise listed on the Site, and
you agree that you are expressly waiving all claims against Rainbox Holdings,
Inc., for any and all information contained within any report, email, or
otherwise listed on the Site, including any reliance on or any actions taken by
you relating to any information contained within any report, email, or otherwise
listed on the Site.