T&C’s

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING PositiveTheta.com SERVICES.

 

Disclaimer

You should be aware of the risks involved associated with investing in the stock market (including but not limited to stocks, mutual funds, index funds, options, futures and currencies). Any use of the Services and Material contained herein will be at your own risk. The Services and Material are believed to be reliable, but PositiveTheta.com does not guarantee its accuracy or validity, nor is it responsible for any errors or omissions which may have occurred. Information and data appearing on PositiveTheta.com and used in the PositiveTheta forecasts is obtained from sources deemed reliable but not guaranteed as to accuracy or completeness.  The forecasts, predictions, or recommendations made by PositiveTheta are opinions and do not provide, imply, or otherwise constitute a guarantee of performance or profit. Opinions expressed are subject to change without notice.  Users should be aware of the risks involved in all aspects of stock market investments. Any investment program may be volatile and can involve the loss of principal. It should not be assumed that future results will be profitable or will equal past performance, real, indicated or implied. PositiveTheta officers, directors, and employees may or may not purchase or sell any of the financial instruments cited herein. The PositiveTheta forecasts contain opinions by PositiveTheta and none of the information contained therein constitutes a recommendation by PositiveTheta. Any particular security, portfolio of securities, transaction, or investment strategy may not be suitable for any specific person. PositiveTheta 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 that any of the information contained in any of the PositiveTheta Forecasts or on PositiveTheta is not investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

 

Use of PositiveTheta

PositiveTheta (“we,” “us” or “PositiveTheta”) provides the website known as PositiveTheta.com and other information subject to your compliance with the terms and conditions set forth in this Agreement.  Collectively, your use of the website and other information, including email from PositiveTheta, shall be referred to as the “Services”.

 

By using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Services.

 

You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you may not access or use the Services.

 

This Agreement is made between PositiveTheta and you, the user and/or member of the Services (“you”). We reserve the right at any time to:

(a) Change the terms and conditions of this Agreement;

(b) Change the Services, including eliminating or discontinuing any content on or feature of any of the Services; or

(c) Change any fees or charges for use of the Services.

 

Any changes we make will be effective fifteen (15) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Services or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.

 

The Services provided are for general informational purposes only.  None of the Services are intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The Services should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.

 

Stock and fund quotes are only as current as of the close of the last day of trading. Before selling or buying any stock or other investment you should consult with a qualified broker or other financial professional to verify pricing information.

 

Registration for Membership.

To have access to the PositiveTheta Services, you must be or become a member. When and if you register to become a member, you agree to:

 

(a) provide accurate, complete, and current information about yourself as prompted by the PositiveTheta registration form, and;

 

(b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.

 

As part of the registration process, you will be asked for your email address which will also act as your username and to select a password.  You agree not to share, transfer or resell your use of or access to PositiveTheta to any third party.

 

If you are a PositiveTheta member, and you have reason to believe that your account is no longer secure, you must promptly notify us via the website contact form.  Upon notice, we will change your password and email you the new password.  YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

Payment and Renewal.

Current subscription rates and charges for PositiveTheta are available on the PositiveTheta Visitors section. Payment for your subscription is due in advance of the subscription period you select. You may cancel your membership at any time prior to being charged for the next month or year subscription (renewal period), otherwise, your subscription will be charged and will renew automatically unless terminated by us in accordance with this Agreement. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period, to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your username and password at the rates in effect when the charges were incurred. You have 30 days from the date that any discrepancies in your statement or any invoice first appear to notify us; after that time, all charges will be deemed correct. 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.

 

Cancellation.

You may cancel your subscription to PositiveTheta at any time by notifying us via electronic mail using the contact form on PositiveTheta.com.  Cancellation requests must be received prior to the date of your next scheduled payment date in order to avoid being charged again.  If you had a monthly membership, your access to the PositiveTheta forecasts will continue for 30 days from the date of your last payment.  If you have an annual membership, your access to the PositiveTheta forecasts will continue through to your anniversary date.

 

Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.

 

Refunds.

Unless otherwise specified, we have a no refund policy due to the timely and sensiteive information we provide. All sales are final.

 

Trial memberships.

From time to time we may offer trial memberships of varying prices and duration.  However, at the end of the trial, your membership will be automatically converted to the Standard Monthly Membership and you will be charged accordingly at that time.  You can avoid being charged for a full membership by canceling your trial via the ‘contact us’ page on our website at least 24 hours prior to the expiration of your trial period.

 

Termination.

This Agreement shall remain effective until terminated in accordance with its terms. PositiveTheta, Inc. may terminate this Agreement, and/or your access to and use of the Services or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.

 

Conflicts and Disclosure Policy.

Privacy.

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

 

Code of Conduct.

While using the Services you agree not to:

 

Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Services;

 

Use the Services for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent;  Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; Remove any copyright, trademark, or other proprietary rights notices contained in the Services; “Frame”, “mirror” or link to any part of the Services without our prior written authorization; Use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; Harvest or collect information about Services visitors or members without their express consent; or Permit anyone else whose account or subscription was terminated to use any of the Services through your subscription, username or password.

 

While using the Services you agree to comply with all applicable laws, rules and regulations.

 

Submissions.

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other Materials (collectively, “Materials”), you grant us and our designees a worldwide, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

 

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that Material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Materials hosted by PositiveTheta infringes your copyright, you (or your agent) may send us a notice requesting that the Material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

 

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent via electronic mail using the contact form located at pro17.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

Ownership and Restrictions on Use.

2012 PositiveTheta All Rights Reserved. The Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the Materials on the Services, and download and/or print out only one copy of any Materials on the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute Materials from the Services in any way, without our prior written permission. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.

 

PositiveTheta.com is a trademark and/or service mark of Captivate, Inc.

 

All other trademarks, service marks, and logos used by PositiveTheta are the trademarks, service marks, or logos of their respective owners.

 

Jurisdictional use.

The Services are solely directed to individuals residing in the United States. We make no representation that the PositiveTheta.com Materials or 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 and/or the provision of any service or product described thereon 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.

 

Additional Disclaimers.

The Services, the Materials provided by the Services, and any product or service obtained or accessed through the Services 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, PositiveTheta and its suppliers, advertisers, 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. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. PositiveTheta inc. and its suppliers, agents and sponsors do not warrant that your use of the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server on which

 

PositiveTheta.com, and its affiliated 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 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 PositiveTheta or its suppliers, agents, members, or visitors, whether made through the Services or otherwise, shall create any warranty. your use of the Services and any Materials provided by the Services are entirely at your own risk.

 

You acknowledge that email is not 100% reliable.  There may be times where you do not receive an email communication from PositiveTheta.  You agree that the email service is provided as a convenience and that the primary source of the Services is the PositiveTheta website.  You agree that it is your responsibility, if you do not receive any expected email communication, to check any spam filters or folders and to access any PositiveTheta information on the PositiveTheta website, www.PositiveTheta.com, and use your assigned username and password.  PositiveTheta is not responsible for your failure to receive any specific email communication.

 

A possibility exists that the Services could include inaccuracies or errors, or Materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although we attempt to ensure the integrity of the Services, we make no guarantees as to the Services’ completeness or correctness. In the event that such a situation arises, please contact us via electronic mail using the contact form at PositiveTheta.com with, if possible, a description of the Material to be checked and the location (URL) where such Material can be found, 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 “Claims of Copyright Infringement” above.

 

Limitation of Liability.

Neither PositiveTheta nor its suppliers, advertisers, affiliates, or agents or sponsors 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 the Services and/or content contained on the Services, or any product or service purchased through the Services.

 

Your sole remedy for dissatisfaction with the Services and/or content contained within the Services is to stop using the Services. 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, to access the Services.

 

Indemnification.

You agree to indemnify, defend and hold us, our officers, directors, 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, including any violation of the Code of Conduct above; (b) any allegation that any Materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.

 

Arbitration.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from PositiveTheta regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of onearbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Any such arbitration shall take place in Los Angeles County, California.

 

Pricing Information:

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.  However, any future price increases will NOT affect your current subscription rate.

 

Registration and Security

As part of the registration process, you will select a password and a subscriber ID. You are also required to give us certain registration information, all of which must be accurate and updated. You may not: (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person’s authorization.Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.

 

You are responsible for all usage or activity on your PositiveTheta  account, including use of the PositiveTheta by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account.

 

Miscellaneous.

This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law.  You agree to the personal jurisdiction of the federal and state courts located in Los Angeles County, California, 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 except with our prior written consent.

 

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 this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all PositiveTheta’ policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.

 

Termination

You may terminate PositiveTheta account at any time.  You will receive confirmation by email that the request was received, and your access to PositiveTheta will be set to expire before your next subscription renewal date.  To avoid additional charges, you MUST cancel your subscription via our online contact form at least 24 hours prior to your next scheduled subscription payment. PositiveTheta at this time does not offer prorated refunds.