Terms and Conditions of Use (TCU)
Capitalist Times, LLC (“Capitalist Times”) is a financial publisher. For purposes of these Terms and Conditions of Use (“TCU”), the term “Capitalist Times” (also “The Publisher,” “we,” “us”) includes Capitalist Times, LLC and its related companies, subsidiaries, and brands, including without limitation CapitalistTimes.com, EnergyandIncomeAdvisor.com, and sub-domains thereto.
By using the Service, you affirm that you are at least 18 years of age and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the TCU, and to abide by and comply with the TCU.
Capitalist Times may modify the TCU effective immediately upon notice to you either by (1) electronic mail or conventional mail or (2) posting online (which you agree shall be deemed constructive notice). Your continued use of the Service following notice of any modification to shall be conclusively deemed an acceptance of all such modification. In the event that you have the TCU cached on your browser, the TCU that applies to you is the most recent version of the TCU that appears on a non-cached browser. We recommend you check the TCU frequently for changes.
Use of Service – Limited License
The Service is proprietary to Capitalist Times and, with the exception of User Submissions and Outside Content, all content provided through the Service is copyrighted by Capitalist Times, LLC. Conditioned upon your compliance with the TCU, you may view the Service, and also print copies of any content from the Service, solely for your personal, noncommercial use. Unless you have written authorization to do so from Capitalist Times, you may NOT make commercial use of the Service and may NOT reprint, republish or distribute content available through the Service in any manner.
To receive certain Free Services and Paid Services, you must register. Your license to access these Services is additionally conditioned upon your registration and your payment of any applicable subscription fees. If you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. If you are unfamiliar with how to maintain and update your information you may inquire with our Customer Service department through our Contact Us web page, by telephone at 1-888-960-2759 or via email at firstname.lastname@example.org. As part of the registration process, you may also be asked to select a unique username and password. We may refuse to grant you a particular username for any reason, at our sole discretion, including that such a username may impersonate someone else, be vulgar or offensive, cause confusion, or violate the rights of any third party. You agree to take all reasonable steps to maintain the confidentiality of your username and password, not to share it with anyone else, and to notify us immediately at the contact information provided above if you become aware that your username and password have been compromised in any way, including loss, theft, or unauthorized disclosure of your user name or password. You agree to pay for and be responsible for all activities and purchases conducted through your account.
Scope of Service
Capitalist Times provides general opinions and analysis of stocks, other investment securities, and markets, but does not provide personalized investment advice. You acknowledge that the Service is for general informational purposes only and does not constitute a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further agree not to contact Capitalist Times by any means to attempt to seek personalized investment advice.
While the Service is based on sources believed to be reliable, we cannot and do not guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. All information should be independently verified. The opinions provided by the Service should not be relied upon for purposes of transacting securities or other investments. You are responsible for your own investment research and decisions, and may wish to consider seeking the advice of a qualified securities professional before making any investment. Moreover, although we may make references in news or marketing materials to prior articles, reports, commentary, analysis, newsletter issues or opinions, we disclaim any obligation, implied or otherwise, to update previously published information, in whole or part. Markets change, and previously published information and data may not be current and should not be relied upon.
To the extent the Service may involve a model portfolio or an actual “real-money” portfolio of investments upon which reporting is based, such portfolio of investments is chosen by the author in accordance with their stated investment opinion(s). Actual performance results may differ from results reported for the portfolio for many reasons, including, without limitation:
- Model portfolio performance results may not reflect trading commissions;
- Model portfolio performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect results; and
- The prices of investments in any model portfolio may change over time, including without limitation between the time they were first included in the model portfolio and the time that any particular user begins subscribing to the Service.
Disclaimer of Warranties and Limitation on Liability
Capitalist Time strives to provide timely news and informed and expert analysis. However, the Service is provided “as is.” We disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to the Service. We neither warrant nor represent that the services or information available through this Site will enable you to achieve any particular result or outcome, legal, economic, educational, or otherwise. You agree that Capitalist Times, LLC, its member owners, directors, employees, contract employees, independent contractors, outside contributors, subsidiaries, affiliates, advertisers, and agents (together, the “Capitalist Times Parties”) will not be liable for any loss or damage allegedly caused by your reliance on information obtained in any of our publications. You are solely responsible for your own investment decisions. Before selling or buying any stock or other investment, you should consult with a qualified broker or other financial professional to verify pricing information. The Capitalist Times Parties will not be liable for any incidental, indirect, consequential, or special damages of any kind, including lost revenues, lost profits, or loss of data arising out of your use of this Service. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees that you have paid to us in connection with your access to the Service(s). The remedies available to you against the Capitalist Times Parties under this agreement are exclusive.
You agree to waive any and all rights against the Capitalist Times Parties and to hold the Capitalist Times Parties harmless in connection with any claims relating to any action taken by the Capitalist Times Parties as part of an investigation of a suspected violation of the TCU, or as a result of a violation of the TCU, including but not limited to the suspension or termination of your membership account.
Third-Party Content and Advertisers
The Capitalist Times websites and related publications may feature “Outside Content,” which is content identified as or attributed to a party other than Capitalist Times, including without limitation articles licensed to Capitalist Times and third-party advertisements. You understand that Outside Content (information, advertisements, articles, data, text, images, hyperlinks to non-Capitalist Times sites, or other materials) displayed on the Capitalist Times websites are the sole responsibility of the person or entity who created such content. You acknowledge that Capitalist Times is not the creator of Outside Content and, as such, Capitalist Times does not guarantee the accuracy, integrity or quality of such content.
Capitalist Times also sells paid advertising in an online medium known as co-registration, where advertisers’ offers are presented to users. You acknowledge that any business dealings you may have with advertisers found on or through The Capitalist Times, including both free offers and offers that require payment for the delivery of 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 the Capitalist Times Parties, as defined above, 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 third-party advertisers on the Service. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial advisor or a licensed broker before buying or selling any security or investment recommended by an advertiser.
DMCA and Copyright Infringement
Capitalist Times has a policy of complying with the Copyright Act and with the notice and take-down provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that materials hosted by Capitalist Times infringe your copyright, you or your agent may provide a notice as provided under the DMCA, including: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. If you believe that a notice of copyright infringement has been wrongly filed, you may submit a DMCA-compliant counter-notice.
Notices and counter-notices with respect to The Capitalist Times should be sent to Elliott Gue Capitalist Times, LLC, 717 King Street STE 205 Alexandria, VA 22314.
The TCU are governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the City of Alexandria, Virginia, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you are outside the United States, you further agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq.