Terms Of Use
PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU SUBSCRIBE TO CREATECAPITAL.COM OR USE ANY OF OUR PRODUCTS OR SERVICES.
CREATECAPITAL Advisors LLC ("we," "us") provides the createcapital.com subscription-based web newsletter and other products and services (collectively, "Create Capital Products") subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement and the Terms of Use Agreements for the particular CREATECAPITAL Product(s) you use. By using any CREATECAPITAL Products, you agree to be bound by these terms and conditions.
This Agreement is made between CREATECAPITAL Advisors LLC and you. We reserve the right at any time to:
* Change the terms and conditions of this Agreement; and
* Change any fees or charges for use of any CREATECAPITAL Products.
Any changes we make will be effective five (5) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via electronic mail. Your use of any CREATECAPITAL Products after such notice will be deemed acceptance of such changes. Our business changes constantly. You should check our web site frequently to see recent changes.
Legal Disclaimer
CREATECAPITAL Advisors LLC is a publisher of a subscription-based newsletter covering financial matters of general interest and is not a registered investment adviser with the U.S. Securities and Exchange Commission or any State. We are not a registered broker-dealer. You understand that the material provided in CREATECAPITAL Products is for informational purposes only, and that no mention of a particular security constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You understand that investment in securities involves a high degree or risk and that you are responsible for your own investment decisions. You understand and agree that, from time to time, CREATECAPITAL Advisors LLC, its members, managers, employees, agents or affiliates may hold positions in securities mentioned and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made.
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.
We reserve the right to limit the availability of CREATECAPITAL Products 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 or product that we provide.
Conflicts and Disclosure Policy
Scott Bleier and members, managers, employees and agents of CREATECAPITAL Advisors LLC may from time to time write about stocks in which they have a position. In such cases, appropriate disclosure is made.
Subscription Registration
You must subscribe to receive CREATECAPITAL Products. In order to subscribe, you'll have to pick a unique User Name and password, and supply us with your email address, zip code, and, if you like, a daytime telephone number where we can reach you. You agree that the information you provide will be accurate and complete and that you will update us if it changes. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement. You agree not to transfer or resell your use of or access to any premium service to any third party. If you are a subscriber, and you have reason to believe that your account is no longer secure, you must promptly notify us. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Fees and Payment Information
Payment for your subscription or services are due in advance of the subscription period or commencement of service you select.
Your subscription to createcapital.com will commence on the date you register and continue for the monthly, quarterly or annual period you select during registration (the "Term"). Your subscription will continue automatically for the Term you selected, and your credit card will be billed the applicable subscription fee. If we are unable to process your credit card payment, your subscription will be terminated.
You may cancel your subscription before the end of the trial period by sending an email to scott@createcapital.com.
Your subscription will continue for the monthly, quarterly or annual Term you selected during registration, and will renew automatically at the end of the Term UNLESS YOU NOTIFY US OF YOUR DECISION NOT TO RENEW YOUR SUBSCRIPTION BY EMAILING CUSTOMER SERVICE PRIOR TO THE EXPIRATION OF THE TERM. If you do not notify us, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed). In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. WE ARE UNDER NO OBLIGATION TO REFUND ANY SUBSCRIPTION CHARGES AFTER THE SEVEN DAY TRIAL PERIOD.
You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date that any discrepancies in your credit card statement or any invoice first appear to notify us; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
Termination
This Agreement shall remain effective until terminated in accordance with its terms. CREATECAPITAL Advisors LLC may terminate this Agreement, and/or your access to and use of any CREATECAPITAL Products, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.
Disclaimer of Warranties
CREATE CAPITALS PRODUCTS AND SERVICES AND ANY INFORMATION OBTAINED OR ACCESSED THROUGH OUR WEB SITES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CREATECAPITAL Advisors LLC, ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF CREATE CAPITAL PRODUCTS OR ANY INFORMATION ON OUR WEB SITES. CREATE CAPITAL ADVISORS LLC AND ITS MANAGERS, MEMBERS, EMPLOYEES AND AGENTS DO NOT WARRANT THAT YOUR USE OF ANY CREATE CAPITAL PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL PRODUCTS OR THE SERVER(S) ON WHICH OUR WEB SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF CREATE CAPITAL PRODUCTS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF CREATECAPITAL Advisors LLC OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, MANAGERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF CREATE CAPITAL PRODUCTS, THE MATERIALS ON OUR WEB SITES AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITES ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER CREATECAPITAL Advisors LLC NOR ITS MANAGERS, MEMBERS, AFFILIATES, EMPLOYEES OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY Create Capital ProductS AND/OR CONTENT CONTAINED IN ANY CREATE CAPITAL PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY CREATE CAPITAL PRODUCTS IS TO STOP USING THEM. 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 BY YOU, IF ANY, FOR ACCESS TO ANY CREATE CAPITAL PRODUCTS.
Indemnification
You agree to indemnify, defend and hold CREATECAPITAL Advisors LLC, our members, managers, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; and (b) your activities in connection with any CREATECAPITAL Products.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in New York County, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you. No waiver by CREATECAPITAL Advisors LLC 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 this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Legal Notices
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information
Current rates for CREATECAPITAL Products may be obtained by contacting by e-mail at scott@createcapital.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
Complaints
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Create Capital Advisors © 2010 • Privacy Policy • Terms Of Use
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