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This Agreement is made between PELZOPTIONS.COM and you. We reserve the right at any time to:
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 site or via electronic mail. Your use of any PELZOPTIONS.COM Services 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.
PELZOPTIONS.COM 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 PELZOPTIONS.COM Services 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, PELZOPTIONS.COM, 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 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 PELZOPTIONS.COM Services 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
Tony Pelz and members, managers, employees and agents of PELZOPTIONS.COM may from time to time write about stocks in which they have a position. In such cases, appropriate disclosure is made.
You must subscribe to receive PELZOPTIONS.COM Services. In order to subscribe, you'll have to pick a unique User Name and password, and supply us with your email address and zip code. 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 PELZOPTIONS.COM will commence on the date you register and continue for the 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.
Your subscription will continue for the 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 AT PELZOPTIONS@GMAIL.COM PRIOR TO THE EXPIRATION OF THE TERM. If you do not notify us, the then-applicable 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. ALL SALES ARE FINAL.
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.
This Agreement shall remain effective until terminated in accordance with its terms. PELZOPTIONS.COM may terminate this Agreement, and/or your access to and use of any PELZOPTIONS.COM Services, 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
PELZOPTIONS.COM’S SERVICES AND ANY INFORMATION OBTAINED OR ACCESSED THROUGH OUR WEB SITE 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, PELZOPTIONS.COM, 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 PELZOPTIONS.COM SERVICES OR ANY INFORMATION ON OUR WEB SITE. PELZOPTIONS.COM AND ITS MANAGERS, MEMBERS, EMPLOYEES AND AGENTS DO NOT WARRANT THAT YOUR USE OF ANY PELZOPTIONS.COM SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL SERVICES 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 SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF PELZOPTIONS.COM SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PELZOPTIONS.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, MANAGERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF PELZOPTIONS.COM SERVICES, THE MATERIALS ON OUR WEB SITE AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITE ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER PELZOPTIONS.COM 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 PELZOPTIONS.COM SERVICES AND/OR CONTENT CONTAINED IN ANY PELZOPTIONS.COM SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PELZOPTIONS.COM SERVICES 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 PELZOPTIONS.COM SERVICES.
You agree to indemnify, defend and hold PELZOPTIONS.COM, 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 PELZOPTIONS.COM Services.
This Agreement is governed by and construed in accordance with the laws of the State of Colorado, 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 Denver, 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 PELZOPTIONS.COM 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.