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Subject to and in compliance with the terms and conditions set forth herein, ARMRReport may provide its users with access via ARMRReport.com to:
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The Premium Service and the Free Service are collectively referred to herein as the “Services”.
You also understand and agree that the Services may include certain communications from ARMRReport, such as service announcements and administrative messages that You may not be able to opt out of receiving.
Current applicable subscription rates for any Premium Service for information regarding subscription rates please contact Your sales representative with any pricing questions) can be found on such Premium Service’s offer page or by contacting our Customer Service Department by telephone at 1-561-575-6832 Monday through Friday between the hours of 10:00 a.m. and 5:00 p.m. EST. An independent contractor who creates content for the ARMRReport is referred to herein as an “Outside Contributor”. Outside Contributors and employees that create content for the ARMRReport are collectively referred to herein as “Columnists”. “User-Generated Content” means content created by our users.
- Changes to the TOU and Our Services
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular Columnists, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or
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Any changes we make to the TOU will be effective immediately after we post the modified TOU on ARMRReport. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Service. You should check our TOU frequently.
- Important Disclaimer Regarding the Information We Provide
ARMRReport 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. 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.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that, time to time, one or more Contributors or their affiliates may have a position in the investment or securities written about. In cases where the position is held at the time of publication, Contributors are required to make appropriate disclosure. In addition, certain of ARMRReport’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to ARMRReport’s investment policy and therefore the preceeding paragraph does not apply to Third-Party Content, ARMRReport makes no representations regarding Third-Party Content, nor is ARMRReport liable for Third-Party Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
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- performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
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Certain of the Premium Services are subject to additional disclosures and/or restrictions, as set forth below:
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- 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;
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- Links to Other Websites and Viral Links
Your use of certain features and certain Third-Party Content made available to You by ARMRReport may be governed by additional rules, which are available on our website or by hyperlink from other websites, in connection with the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature 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 Third-Party Content and features and tools provided by third parties is solely at Your own risk.
Any sweepstakes, contests, and games that are accessible through our website are governed by specific rules. By entering such sweepstakes or contests or participating in such games, You will become subject to those rules.
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, timeliness, 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.
You are encouraged to link to the Services on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”). If You elect to display links from our websites on a Third-Party Site, You agree that You will comply with ARMRReport’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to the website for any reason in our sole and absolute discretion.
ARMRReport hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:
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Any website that links to ARMRReport Website (a) must not suggest or imply that we are sponsoring or endorsing such website(s)’s product, unless ARMRReport has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of ARMRReport; and (c) must not display any excerpt of ARMRReport content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
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ARMRReport and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. ARMRReport and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of ARMRReport or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. ARMRReport and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that ARMRReport shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our website and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at info@ARMRReport.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall ARMRReport be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
- Limitation of Liability
NEITHER ARMRREPORT NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH ARMRREPORT, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless ARMRReport our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
ARMRReport reserves the right to restrict, suspend or terminate Your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. ARMRReport reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of ARMRReport, Your membership in the Premium Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee paid by You.
You may terminate Your user account, user name, member name any associated email address and access to the Services by submitting such termination request to us.
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 Services 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 are responsible for promptly paying all fees associated with Your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to ARMRReport’s net income) related to the Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase. The TOU, together with all ARMRReport policies referred to herein, constitutes the entire agreement between You and ARMRReport relating to Your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between You and ARMRReport are governed by and construed in accordance with the laws of the State of Florida, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and ARMRReport agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Palm Beach County, Florida, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TOU, other than any action, suit or other proceeding arising from a breach of customer data. You and ARMRReport agree that any action, suit or other proceeding arising from a breach of customer data will be submitted to binding arbitration for resolution. Such arbitration shall take place in Palm Beach, Florida, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at that time. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require You to sign a non-electronic version of the TOU.
LAST UPDATED: Dec 2019
Personal Information We May Collect
“Personal Information” is information that identifies you as an individual or relates to an identifiable person, including, for example:
- Phone number
- Email address
- Payment card information
- Social media account ID
How We May Collect Personal Information
We and our service providers may collect Personal Information in a variety of ways, including:
- Through the Services: We may collect Personal Information through the Services, such as when you register, sign up for a newsletter or whitepaper or register for one of our premium subscription services.
- Offline: We may collect Personal Information from you offline, such as when you place an order over the phone, contact customer service or attend our events.
- From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties. For example, if you elect to connect your social media account to your Services account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends’ profiles. In addition, if someone gives you a subscription to the Services, we will receive your Personal Information from him or her.
How We May Use Personal Information
We and our service providers may use Personal Information:
- To respond to your inquiries and fulfill your requests, such as to send you newsletters or whitepapers.
- To send administrative information to you, such as information regarding the Services and changes to our terms, conditions and policies.
- To complete and fulfill your purchase, including to process your payment, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
- To send you marketing communications that we believe may be of interest to you, subject to any choices you have expressed with respect to such communications.
- To personalize your experience on the Services by presenting content, products and offers tailored to you.
- To request your participation in surveys and to administer such surveys. We may use the results of such surveys to understand user engagement, as well as for marketing purposes. In addition, some of our columnists will on occasion take polls of their readers. Such polls are solely for the editorial use of the individual columnists, and participation is voluntary.
- To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information. We suggest that you read any such rules carefully.
- To facilitate social sharing functionality.
- To allow you to send messages to a friend through the Services.
- To identify the pricing for which you are eligible, such as if you are a student.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
- To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
- To third parties with whom we have joint marketing agreements, to permit them to send you marketing communications, subject to any choices you have expressed.
- To third parties, to permit them to send you marketing communications.
- To a third-party provider of a product or service that you purchase through the Services.
- To third-party sponsors of events and sweepstakes, contests and similar promotions.
- To identify you to anyone to whom you send messages through the Services.
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services may be available to other users and the general public. We urge you to be very careful when deciding to disclose any information on the Services.
Other Uses and Disclosures
We also may use and disclose your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (d) to enforce our terms and conditions; and (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
Other Information We May Collect
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as:
- Browser and device information
- App usage data
- Information collected through cookies, pixel tags and other technologies
- Demographic and other information provided by you
- Aggregated information
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language and Internet browser type and version. We use this information to ensure that the Services function properly.
- Through your use of the App: When you download and use the App, we may track and collect App usage data, such as the date and time the App on your device accesses our servers, the pages you use and what information and files have been downloaded to the App based on your device number.
- Using pixel tags and similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users (including email recipients), measure the success of our marketing campaigns and compile statistics about use of the Services and response rates.
- IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP address may be logged automatically in our server log files whenever you access the Services, along with the time of the visit and the pages visited. Collecting IP addresses is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.
- Physical Location: We and our service providers may collect the physical location of your device by, for example, using satellite, cell phone tower, or WiFi signals. We and our service providers may use your device’s physical location to provide you with personalized location-based services, content, notice of events, and advertisements. In some instances, you may be permitted to allow or deny such collection or use of your device’s location, but, if you do, we may not be able to provide you with the applicable personalized services and content.
- From you: We collect your preferred means of communication, your gender, your investment and other preferences, and other information when you voluntarily provide it.
- By aggregating information: Aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
How We May Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we combine Other Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined.
THIRD PARTY SERVICES
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer; app, social media platform, operating system or wireless service provider; or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps.
We use reasonable organizational, technical and administrative measures designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures.
If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes.
You may opt-out from:
- Our sharing of your Personal Information with affiliates for their direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by writing to us at info@ARMRReport.com.
- Our sharing of your Personal Information with unaffiliated third parties for their direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by writing to us at info@ARMRReport.com.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.
How you can access and update your Personal Information
If you would like to review and update the Personal Information collected from you during registration, you may visit the Your Account page. You may also contact our customer service department by email at info@ARMRReport.com or by telephone at (561) 575-6832, between the hours of 10:00 a.m. and 5:00 p.m. EST.
For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of eighteen (18). We do not knowingly collect Personal Information from such individuals, and we request that they not provide Personal Information through the Services.
we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) on or through the Services or otherwise to us.
2050 S A1A
Jupiter, FL 33477
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.