Last Updated: June 05, 2017
Capitalist Times, LLC (“Capitalist Times, LLC,” “we,” or “us”) is a financial publisher. These Terms and Conditions of Use (“TCU”) are between you and Capitalist Times, LLC and relate to your access to or use of the “Premium” or “behind the paywall” version of the websites located at https://www.CapitalistTimes.com, https://www.EnergyandIncomeAdvisor.com, https://www.ConradsUtilityInvestor.com and sub-domains related thereto (the “Service”).
You represent and warrant 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. If you are not 18 years of age, you must not use the Service. You also represent and warrant 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.
If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to the TCU on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to the TCU. References to “you” and “your” in the TCU refer to both the individual using the Service and to any such Organization.
The TCU contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
Changes to the TCU
Capitalist Times, LLC may modify the TCU effective immediately upon notice to you either by (1) electronic mail or conventional mail, (2) posting a revised version of the TCU online (which you agree shall be deemed constructive notice), or (3) by any other reasonable means. Your continued use of the Service following notice of any modification to the TCU constitutes your acceptance of the modified TCU. The “Last Updated” date above indicates when the TCU were last changed. We recommend you check the TCU frequently for changes. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links) or offer opportunities to some or all Service users.
Use of Service – Limited License
The Service is proprietary to Capitalist Times, LLC and, with the exception of User Submissions and Outside Content, all content provided through the Service is owned by Capitalist Times, LLC. Conditioned upon your compliance with the TCU, you may access and 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, LLC, you may NOT make commercial use of the Service and may NOT reprint, republish, or distribute content available through the Service in any manner. Other than as expressly provided in the TCU, Capitalist Times, LLC and its licensors reserve all rights in and to the Service. You agree to be jointly and severally liable for all actions of all individuals who use the Service on your behalf.
To use the Service, you must register. You agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) 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 1-877-302-0749 or via email at email@example.com. As part of the registration process, you will 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.
Your license to access and view the Service is additionally conditioned upon your registration and your payment of any applicable subscription fees (each, a “Transaction”). All such Transactions shall be processed by a third party (the “Third Party Vendor”). If you wish to make a Transaction, you may be asked to supply to us or a Third Party Vendor certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. All Transactions are subject to the Third Party Vendor’s terms and conditions. You grant to us and the applicable Third Party Vendor the right to provide such information to other third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount.
Capitalist Times, LLC and Third Party Vendor reserve the right, including without prior notice, to limit the availability of any portion of the Service; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Transaction; to change the amount we charge for the Service or portions thereof (in which event we will notify you in advance); and to refuse to provide any user with any portion of the Service. Refunds and exchanges will be subject to the Third Party Vendor’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Service at the prices in effect when such charges are incurred, including all shipping and handling charges, mobile data plans, and text message charges. In addition, you are responsible for any taxes applicable to your Transactions.
Billing and Cancellations
Your subscription to the Service will automatically renew at the end of the cycle in progress at the time of your order (“Billing Period”) unless and until you cancel your subscription or we terminate it. By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period. We automatically bill you on the last day of each Billing Period. We reserve the right to change the timing of our billing. If your payment method is declined for a recurring payment of your subscription fee, we may cancel your subscription.
You acknowledge that the amount charged each Billing Period may vary for reasons that may include price changes or changing your subscription, and you authorize us to charge your payment method for such varying amount each Billing Period.
You can cancel your subscription at any time by calling Customer Service at 1-877-302-0749 or by sending an e-mail to firstname.lastname@example.org. You must cancel your subscription before it renews each Billing Period to avoid billing of the next Billing Period’s subscription fees. Accordingly, when you cancel, you cancel only future charges associated with your subscription, and you will not receive a refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your subscription for the balance of the Billing Period. Payments are non-refundable, and there are no refunds or credits for partially used Billing Periods. We reserve the right, however, to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
Users of the Service may make available certain materials (each, a “User Submission”) through or in connection with the Service. Capitalist Times, LLC has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.
For purposes of clarity, you retain ownership of your User Submissions. For each User Submission, you hereby grant to Capitalist Times, LLC a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such User Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Capitalist Times, LLC under any fiduciary or other obligation.
You represent, warrant, and covenant that you have all rights necessary to grant the licenses granted in this section, and that your User Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each User Submission that you may have under any applicable law under any legal theory.
We may (but have no obligation to) monitor, evaluate, alter, or remove User Submissions before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Rules of Conduct
In connection with the Service, you must not:
- Post, transmit, or otherwise make available through or in connection with the Service any materials that are or may be: (1) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (2) defamatory, libelous, fraudulent, or otherwise tortious; (3) obscene, indecent, pornographic, or otherwise objectionable; or (4) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit, or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).
- Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Service.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure, or policy of such servers or networks.
- Restrict or inhibit any other person from using the Service.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Capitalist Times, LLC’ express prior written consent.
- Reverse engineer, decompile, or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Service.
Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Capitalist Times, LLC’ express prior written consent.
- Systematically download and store the Service content.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather the Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Capitalist Times, LLC’ express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Service’s root directory, Capitalist Times, LLC grants to the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Capitalist Times, LLC reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
Scope of Service
Capitalist Times, LLC 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, LLC 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.
Our Proprietary Rights
We and our suppliers own the Service, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, and logos on the Service are the property of us or their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
Disclaimer of Warranties and Limitation on Liability
To the fullest extent permitted under applicable law, (1) the Service is provided on an “as is,” “where is,” and “where available basis, without any warranties of any kind, whether express, implied, or statutory, and (2) Capitalist Times, LLC disclaims all warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title, with respect to the Service. We neither warrant nor represent that the services or information available through the Service 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, LLC 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, LLC 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 the Service. All disclaimers of any kind in the TCU, including in this section, are made for the benefit of the Capitalist Times, LLC Parties and their respective successors and assigns.
To the fullest extent permitted under applicable law, (1) Capitalist Times, LLC will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of User Submissions (including unauthorized interception by third parties of any User Submissions), even if advised in advance of the possibility of such damages or losses; (2) without limiting the foregoing, Capitalist Times, LLC will not be liable for damages of any kind resulting from your use of or inability to use the Service, including from any Virus that may be transmitted in connection therewith; (3) your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service; and (4) the maximum aggregate liability of Capitalist Times, LLC for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall be the greater of (A) one hundred dollars ($100.00), and (B) the total amount of fees you have paid to Capitalist Times, LLC in connection with your access to or use of the Service. All limitations of liability of any kind in the TCU, including in this section, are made for the benefit of the Capitalist Times, LLC Parties and their respective successors and assigns.
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Capitalist Times, LLC Parties, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (1) your use of, or activities in connection with, the Service (including all User Submissions), and (2) any violation or alleged violation of the TCU by you.
Third-Party Content and Advertisers
The Service may contain information, products, services, or other content made available by a third party other than Capitalist Times, LLC, including without limitation articles licensed to Capitalist Times, LLC, third-party advertisements, and content made available via links (collectively, “Outside Content”). You understand that Outside Content available through the Service is the sole responsibility of the person or entity who created such content. You acknowledge that Capitalist Times, LLC does not control nor endorse, nor is it responsible for, Outside Content and, as such, Capitalist Times, LLC does not guarantee the accuracy, integrity, quality, validity, timeliness, completeness, reliability, legality, usefulness or safety of such Outside Content or any intellectual property rights therein. Certain Outside Content may, among other things, be inaccurate, misleading, or deceptive. Nothing in the TCU shall be deemed to be a representation or warranty by Capitalist Times, LLC with respect to any Outside Content. We have no obligation to monitor Outside Content, and we may block or disable access to any Outside Content (in whole or part) through the Service at any time. In addition, the availability of any Outside Content through the Service does not imply our endorsement of, or our affiliation with, any provider of such Outside Content, nor does such availability create any legal relationship between you and any such provider. By accessing Outside Content through the Service, you are directing us to access, route, and transmit to you the applicable Outside Content.
Your use of Outside Content is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Outside Content (such as terms of service or privacy policies of the providers of such Outside Content).
Capitalist Times, LLC 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 Service, 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, LLC Parties 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, LLC 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 in good faith that materials available on the Service infringe your copyright, you or your agent may contact us by sending us a notice as provided under the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. 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 Service should be sent to Elliott Gue, Capitalist Times, LLC, 6841 ELM ST. #1057 MC LEAN, VA 22101.
Dispute Resolution and Arbitration
The TCU are governed by and shall be construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regard to its principles of conflicts of law. Except for disputes that qualify for small claims court, all disputes arising out of or related to the TCU or any aspect of the relationship between you and Capitalist Times, LLC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and each of Capitalist Times, LLC and you hereby waive the right to trial by a jury. Each of Capitalist Times, LLC and you hereby agree that any arbitration under the TCU will take place on an individual basis; class arbitrations and class actions are not permitted and you hereby agree to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021425&revision=latestreleased), as amended by the TCU. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of the TCU and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of the TCU, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in the TCU will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct, or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors, and materials that violate or conflict with the TCU.
Notwithstanding the foregoing, for all claims arising out of or related to the TCU or the Service that are not subject to arbitration under the previous paragraph, 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 the TCU 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.
The TCU are effective until terminated. Capitalist Times, LLC may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if Capitalist Times, LLC believes that you have violated or acted inconsistently with the letter or spirit of the TCU. Upon any such termination or suspension, your right to use the Service will immediately cease, and Capitalist Times, LLC may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Other than the “Use of Service – Limited License” section, the remainder of the TCU shall survive any expiration or termination of the TCU.
Compliance with Laws
You agree to comply in all material respects with all laws applicable to the performance of and exercise of each of your rights and obligations under the TCU. Your compliance with your obligations hereunder will extend to all laws that apply to the access to or use of the Service, as well as any other of your activities hereunder, including those laws that apply to online conduct, online content, and the transfer of data (including any personal information) to and from the United States or your country of residence.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (1) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country, or (2) on any of the U.S. government lists of restricted end users.