Terms and Conditions of Service
Acceptance of Terms and Conditions of Service: You represent that you have read and agree to be bound by the terms and conditions of service ("terms") for WeissRatings.com. You further agree to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the terms, not to use the Service for illegal purposes, and not to interfere or disrupt networks connected to the Service.
Privacy Protection and Opt-In Policy: We do not contact customers or viewers unless requested to do so by those individuals requiring or requesting further information from us. For many services, both paid and free, Weiss Ratings requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials sent from Weiss Ratings. And the only people who will receive offers from organizations outside of Weiss Ratings are those who specifically "opt-in" to receive that information. Note that they can choose to "opt-out" of the list at any time.
Registrants are "opted out" of receiving future mailings regarding product updates and promotions by default in the registration process.
Registration and Privacy: In order to gain access to portions of the Service, You must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
As a member, You also have certain other obligations relating to Your account:
|•||You may not transfer to or resell Your use of or access to the Services to any third party;|
|•||You are responsible for all activities that occur under Your account;|
|•||You are responsible for maintaining the confidentiality of Your user name, member name and password; and|
|•||You agree to notify us at firstname.lastname@example.org if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.|
Important Disclaimer Regarding the Information We Provide
|•||Weiss Ratings, LLC is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators of our Services or their affiliates, outside contributors, independent contractors will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.|
User Conduct: You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.
In addition, in connection with Your use of the Service, You agree not to:
|•||Restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of any of our websites;|
|•||Use the Services for any unlawful purpose;|
|•||Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;|
|•||"Frame" or "mirror" any content available through the Services or any of our websites without our prior written authorization;|
|•||Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or|
|•||Harvest or collect information about users of the Services without their express consent.|
You also agree that at all times You will:
|•||Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;|
|•||Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;|
|•||Waive any and all rights against Weiss Ratings, Inc. and hold Weissratings.com, Inc. harmless in connection with any claims relating to any action taken by Weissratings.com, Inc. as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOC has occurred, including but not limited to the suspension or termination of Your membership account; or|
|•||Maintain and promptly update Your registration data to keep it true, accurate, current and complete.|
Intellectual Property: This service, including but not limited to text, content, photographs, video, audio, and graphics (the "service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Service. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Weiss Ratings. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Weiss Ratings and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Weiss Ratings and such others. You agree to protect the proprietary rights of Weiss Ratings and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Weiss Ratings or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Weiss Ratings in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the service, except that you may download or make one print copy of this service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in Weissratings.com may not be recirculated, redistributed or published without prior written consent from Weiss Ratings. Modification of the service's content is a violation of Weiss Ratings copyright. No part of this service may be offered for sale or distributed.
Links to Other Websites: Your use of certain services made available to You by Weiss Ratings, Inc. may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any service You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for Your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all services and tools is solely at Your own risk.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the terms. Should you choose to download content from the Service, you must do so in accordance with the terms. Such download is licensed to you by Weiss Ratings only for your own personal, noncommercial use in accordance with the terms and does not transfer any other rights to you.
Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Weiss Ratings, at all times be and remain the sole and exclusive property of Weiss Ratings. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Weiss Ratings for its exclusive use. Except as specifically permitted by the terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Weiss Ratings or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Weiss Ratings prior written approval.
Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Weiss Ratings makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Weiss Ratings does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Weiss Ratings, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Weiss Ratings, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Weiss Ratings by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
The content of other Web sites, services, resources, goods or advertisements (including those for which Weiss Ratings may receive compensation) that may be linked to the Service is not maintained or controlled by Weiss Ratings. Weiss Ratings is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Weiss Ratings does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. Weiss Ratings is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Weiss Ratings and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms. You acknowledge that the service is provided for information purposes only and is not intended for trading purposes. Weiss Ratings does not guarantee the sequence, accuracy, completeness or timeliness of the service and the provision of certain parts of the service is subject to the terms and conditions of other agreements to which Weiss Ratings is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Weiss Ratings, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WEISS RATINGS, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A WEISS RATINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Weiss Ratings total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site.
Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless Weiss Ratings, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against Weiss Ratings, its employees, representatives, Suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Weiss Ratings, its employees, representatives, Suppliers, and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer's use of the Service; a violation of the terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Termination of Terms: Either you or Weiss Ratings may terminate the terms at will, at any time and effective immediately. You may terminate the terms by discontinuing use of the Service and destroying all materials obtained from the Service. These terms will terminate immediately without notice from Weiss Ratings if you, in Weiss Ratings sole discretion, fail to comply with any provision of these terms. Upon termination by you or upon notice of termination by Weiss Ratings, you must destroy promptly all materials obtained from the Service and any copies thereof.
Governing Law: This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Palm beach County in the State of Florida with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms of service.
Accessing Weiss Ratings.com Outside the United States: Weiss Ratings does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.
Miscellaneous: The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide. You accept that Weiss Ratings has the right to change the content or functionality of any aspect of the Service at any time at Weiss Ratings sole discretion. You further accept that such changes may result in your being unable to access some or all services.
Severability of terms: If any provision of the terms is found invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Changes to the Terms of Condition and Use of Our Services: We reserve the right at any time to:
|•||Change the terms and conditions of the Use Of Our Service;|
|•||Change all or any portion of the Service, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular Outside Contributors, ceasing to provide access to a Service, and/or providing an alternative Service to You as a replacement); or|
|•||Change the fees, charges or other conditions for Use Of The Services (with reasonable notice, in our sole discretion).|
Any changes we make to the use of our Service will be effective immediately after we post the modified Use of Service on Weissratings.com. In the event that You have the Use Of Service cached on your browser, the Use Of Service that applies to You is the most recent version of the Use of Service that appears on a non-cached browser. In addition, if a Service is added or removed, or the terms of their engagement has changed, the Use of Service may be modified with respect to such Service. You should check our Use Of Our Service frequently.
Agreement in entirety: The terms are the entire agreement between you and Weiss Ratings.