Terms and Conditions
This investment blog (the “Blog”) is created and authored by Mark W. Gaffney (the “Content Creator”) and is published and provided for informational and entertainment purposes only (collectively, the “Blog Service”). The information in the Blog constitutes the Content Creator’s own opinions. None of the information contained in the Blog constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You understand that the Content Creator is not advising, and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in the Blog may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
From time to time, the Content Creator or its affiliates may hold positions or other interests in securities mentioned in the Blog and may trade for their own account(s) based on the information presented. The Content Creator may also take positions inconsistent with the views expressed in its messages on the Blog.
The Content Creator may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed by the Content Creator in the Blog.
Investing in the investments discussed in the Blog may be risky and speculative. The companies may have limited operating histories, little available public information, and the stocks they issue may be volatile and illiquid. Trading in such securities can result in immediate and substantial losses of the capital invested. You should use invest risk capital, and not capital required for other purposes, such as retirement savings, student loans, mortgages or education.
The Blog may be temporarily unavailable from time to time for maintenance or other reasons. The Content Creator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Blog. The Content Creator is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software occurring for any reason, including but not limited to, on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Blog or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content Creators’ content in connection with the Web and/or in connection with the Blog. Under no circumstances will the Content Creator be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of the Blog, or any interactions between the Content Creator and readers of the Blog, whether online or offline.
The Blog may provide information from or links to certain brokerage companies for your convenience only. The Content Creator does not endorse or recommend the services of any brokerage company. The brokerage company you select (and not the Content Creator) is solely responsible for its services to you.
THE CONTENT CREATOR, ITS AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY BROKERAGE COMPANY. THE BLOG AND THE CONTENT ARE PROVIDED “AS-IS” AND THE CONTENT CREATOR, ITS PARTNERS AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE AND MERCHANTABILITY, IF APPLICABLE, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE CONTENT CREATOR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BLOG. THE CONTENT CREATOR DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE BLOG OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE BLOG OR ANY OF THE SERVERS USED TO OPERATE THE BLOG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Content Creator reserves the right to change any and all Blog content, software and other items used or contained in the Blog at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Content Creator.
Limitation on Liability
IN NO EVENT WILL THE CONTENT CREATOR, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE BLOG, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE BLOG, EVEN IF THE CONTENT CREATOR OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE CONTENT CREATOR AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE CONTENT CREATOR FOR THE BLOG IN THE IMMEDIATELY PRECEDING TWELVE MONTHS, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE CONTENT CREATOR FOR THE BLOG, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE CONTENT CREATOR, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
2. INFORMATION COLLECTION PRACTICES
2.1. TYPES OF INFORMATION COLLECTED
(a) TRAFFIC DATA COLLECTED
We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Site.
(b) PERSONAL INFORMATION COLLECTED
In order for you to access certain services and to purchase products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). We do not collect any Personal Information about you unless you voluntarily provide it to us.
Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your credit card information); and 3) Demographic Data (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.
2.2. USES OF INFORMATION COLLECTED
(a) COMPANY USE OF INFORMATION
We may use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to facilitate the renewal of your subscription, or to improve our Site, or to contact you when necessary. We may use your Demographic Data to customize and tailor your experience on the Site; displaying content that we think you might be interested in and according to your preferences.
We may also use Contact Data for lead generation purpose by sending you information about products or services, or promotional material of other third party companies.
We only collect but will not use your Financial Data for any purpose. Our third party business partner will use your Financial Data to process your credit card payment.
(b) SHARING OR TRANSFERRING OF PERSONAL INFORMATION
We may share Demographic Data with advertisers and other third parties.
We may also share Contact Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site.
When you provide us with your Financial Data, it will immediately be transferred to and stored with our third party payment-processing partner (i.e. Paypal). We will not retain any of your Financial Data in our database.
We maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 3.1, below.
You acknowledge that once your Personal Information is shared with or transferred to third parties as provided herein, the use of your Personally Information will then be governed by the privacy policies of those third parties and is not subject to our control. If contacted by those third parties, you should directly inquire them about the use of your Personal Information by them.
(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION
You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information.
3. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION
3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION
We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may log onto your account or contact us to update your Personal Information.
3.2. LOST OR STOLEN INFORMATION
You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.
3.3. PUBLIC INFORMATION
The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We may also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
4. PRIVACY POLICIES AND DATA COLLECTION AT THIRD PARTY SITES
5. CHILDREN UNDER THE AGE OF 13
In compliance with Children’s Online Privacy Protection Act (“COPPA”), this Site is not directed at children under the age of 13 and we do not intend to collect any personal identifiable information, such as name, home address, e-mail address, telephone number, or social security number, from children under the age of 13. If you are under the age of 13, please do not provide us with your personal identifiable information. If you have any reason to believe that a child under the age of 13 has provided us with his or her personal identifiable information, please contact us immediately for removal of that information from our databases.