Terms and Conditions
Essential Investor Terms and Conditions
Last updated: November 7, 2011
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU BECOME A SUBSCRIBER TO THE ESSENTIAL INVESTOR. http://ei.IFII.com ("EI") provides its subscribers with access to an educational program ("the Service"), for their individual usage, subject to compliance with the terms and conditions set forth herein.
In consideration of EI providing you with the Service, you agree to pay the applicable enrollment fee and to comply with these Terms and Conditions (the "TAC"). If you do not agree to the terms and conditions contained in the TAC, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service.
2.) Changes to the TAC
We reserve the right at any time to:
3.) Important Securities Disclaimer
Institute for Individual Investors is the Creators of EI.
Agora Financial expressly forbids its editors from having a financial interest in their own securities or commodities recommendations to subscribers. Such recommendations may be traded, however, by other editors, Agora Financial, its affiliated entities, employees, and agents, but only after waiting 24 hours after an Internet broadcast. None of the information contained in EI constitutes a recommendation by Agora Financial that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that the editors of Agora Financial 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 Service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. EI past results are not necessarily indicative of future performance. DO NOT EMAIL ANY SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH HE CANNOT PROVIDE.
4.) Registration and Privacy
As a member, you also have certain other obligations relating to your account:
5.) Product Cancellation
During the risk free trial period of your subscription, if applicable, you may cancel your subscription at any time and will receive a full refund. Simply call our customer service department at 800-708-1020, Monday-Friday from 9AM to 5PM Eastern Standard Time. Please allow at least five business days for such cancellation to become effective. NOTE: After business hours, you can leave a voicemail. Also send an email to our help page letting us know that you are requesting to cancel your service.
AS A EI STUDENT, YOU MAY RECEIVE A REFUND OF YOUR ENROLLMENT FEE ONLY IF YOU CANCEL WITHIN 30 CALENDAR DAYS OF THE DATE OF YOUR PURCHASE. AFTER THAT, ALTHOUGH YOUR ENROLLMENT MAY BE TERMINATED, YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER CREDIT.
**NOTE: THE TRIAL PERIOD IS 30 CALENDAR DAYS FROM THE DAY YOU FIRST RECEIVE SERVICE. THE DAY YOU PURCHASEIS DAY NUMBER 1. FOR EXAMPLE, IF YOU PURCHASE ON SEPTEMBER 10 YOU WOULD HAVE UNTIL OCTOBER 9TH TO CANCEL AND STILL GET YOUR ENTIRE REFUND. PLEASE ALSO REMEMBER TO TAKE INTO ACCOUNT MONTHS THAT HAVE 31 DAYS. FOR EXAMPLE, IF YOU PURCHASE ON OCTOBER 10TH ONE WOULD HAVE UNTIL NOVEMBER 8TH TO CANCEL FOR A FULL REFUND.
PLEASE NOTE: CANCELATIONS MUST BE RECEIVED BY 11:59:59PM EASTERN STANDARD TIME.
Cancellation Procedure: To cancel, simply e-mail your cancellation request to our help page. For security purposes, once your cancellation is received, an Agora Financial or an Institute for Individual Investors representative will call you to confirm your cancellation request. Please be sure to provide a phone number with your cancellation request as CANCELLATIONS ARE ONLY MADE OFFICIAL ONCE WE HAVE CONFIRMED BY PHONE.
Miscellaneous: If there are any problems or issues whether technical or otherwise with your service, it is incumbent on you (the subscriber) to make Institute for Individual Investors LLC aware of this issue. Agora Financial nor Institute for Individual Investors will not be held accountable for inaccessibility of service if not notified of the problem. If you are having any problems with your service, please e-mail us at our help page or call us at 877-489-2666 so we can fix your problem.
6.) EI Proprietary Rights
The Service and the content available through the Service are the property of EI and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Service.
If you are interested in reprinting, republishing or distributing content from EI, please contact us.
EI and other marks are trademarks and/or service marks Institute for Individual Investors.
7.) User Conduct
You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Service, you agree not to:
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein.
8.) Disclaimer of Warranties
THE SERVICE, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ESSENTIAL INVESTORS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
EI AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER (S) ON WHICH THE SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, OPTIONS GPS AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT EMAIL DELIVERY OR ABILITY TO ACCESS THE WEBSITE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF EI OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
Agora Financial reserves right to change the editor or conveyor of information as it relates to EI. Agora Financial retains this right with or without giving notice to its subscribers. For example, if one of our editors becomes ill, resigns, or whose employment is terminated, Agora Financial obviously must maintain the ability to replace this person if necessary. This aforementioned list of reasons why an editor can be replaced is by no means exhaustive, rather it’s simply illustrative.
A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TAC. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, 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 "Copyright Infringement" below.
9.) Limitation of Liability
NEITHER EI NOR ITS AFFILIATES, 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 SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH EI. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. 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 TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
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 violation of the TAC; (b) your use of the Service; or (c) your violation of the rights of any third party.
You understand and agree that EI may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TAC or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
12.) Copyright Notice
©2012 Institute for Individual Investors. All Rights Reserved. Protected by copyright laws of the United States and international treaties. This subscription may only be used pursuant to this agreement and any reproduction, copying, or redistribution (electronic or otherwise), in whole or in part, is strictly prohibited without the express written permission of Institute for Individual Investors LLC.
The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service 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 Service 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.
The TAC, together with all TAC policies referred to herein, constitutes the entire agreement between you and EI relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TAC and the relationship between you and EI are governed by and construed in accordance with the laws of the State of Florida, without regard to its principles of conflict of laws. You and EI agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Palm Beach County, Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TAC is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TAC and shall not affect the validity and enforceability of any remaining provisions. 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 the TAC is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TAC.
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