Burkhardt Consulting Group provides the website known as TheMarketAlert.com (“the Site”) subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
You must be at least 18 years of age to use the Site. If you are not at least 18 years old, please do not access or use the Site.
This Agreement is made between Burkhardt Consulting Group and you, the user and/or member of the Sites (“you”). We reserve the right at any time to: ·
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of any of the Site; or
- Change any fees or charges for use of the Site.
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 the Site or via electronic mail. Your use of the Site 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.
Burkhardt Consulting Group is a publisher. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. The material provided on our Site is for general informational purposes only. No information on the Site is intended as securities brokerage, 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 information on the Site should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess, verify or 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. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. Any sale or purchase of securities or ownership interest that results from information presented on the Site will be on a negotiated basis between the parties without any additional participation by or remuneration to Burkhardt Consulting Group. Before selling or buying any stock or other investment you should consult with a qualified broker or other financial professional to verify pricing information.
Code of Conduct. While using the Site you agree not to:
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Intentionally re-register for multiple free trials to the same publication under different email addresses within a six-month period as a means to avoid paying for a given newsletter. Our business requires substantial expenses to operate, including journalist fees, technology-related costs and marketing expenses, among others. In order to cover these expenses, our newsletters are made available only to fee-paid members and limited-time free trial subscribers. By using our site, you agree to respect that fact and to not sign up for more than one free trial to any given newsletter within a six-month period. You are, of course, more than welcome to sign up for one free trial to all of our various publications. You simply cannot sign up for two or more trials to the same newsletter within a six-month period;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); · Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, de-compile or disassemble any portion of any of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site 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 Sites or their contents;
- Harvest or collect information about Site visitors or members without their express consent; or
- Permit anyone else whose account or subscription was terminated or who has not registered or paid for our content to use any portion of the Site through your subscription, username or password.
While using the Site you agree to comply with all applicable laws, rules and regulations.
Registration for Subscription Sites. To have access to certain subscription or members-only sections of our web site, you must be or become a member. When and if you register to become a member, 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. Our paid newsletter work on a auto renew system and it is your job to contact us via email just prior to your renew date if you wish to be removed from our services. 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 Site. Please note that by signing up for one of our free trial or free newsletter subscriptions, you agree to receive occasional mailings from us in the future regarding certain financial offers that may interest you. You can always opt-out from receiving these offers by simply clicking on the link located at the bottom of each marketing email we send. As part of the registration process, you will also be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by visiting our Contact Us page.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT
Termination. This Agreement shall remain effective until terminated in accordance with its terms. Burkhardt Consulting Group. may terminate this Agreement, and/or your access to and use of the Sites 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 to terminate this Agreement without cause.
Refund Policy. When a member requests termination of their paid membership, subscription fees are NOT refundable. There are no refunds offered due to the time put forth by our analysts and the immediate access to information users receive. Our membership is set up as an “auto-renew” system so it automatically renews based on your sign up terms and membership length. It is the member’s responsibility to track this time and give us an appropriate amount of time via email request to cancel their account if they wish to be removed. Should an extenuating circumstance arise, refunds will be issued by Burkhardt Consulting Group. All refunds will be credited solely to the payment method used in the original transaction. Burkhardt Consulting Group will not issue refunds by cash, check, or to another credit card or payment mechanism. All sales are final. Our full policy with respect to refunds is set forth in our Refund Policy. No refunds what so-ever. No “trial” period is offered for our subscriptions. We will NOT offer a refund to those that enter in a “coupon” code incorrectly for any reason. We reserve the right to modify these terms at any point in time without prior notice.
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, sublicensable (through multiple tiers), 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
Disclaimer. We are a publisher. Burkhardt Consulting Group is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. TheMarketAlert.com is intended to provide opinions and analysis of stocks and markets, but is not intended to provide personalized investment advice. DO NOT EMAIL THEMARKETALERT.COM SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH CANNOT BE PROVIDED. TheMarketAlert.com’s stock portfolio and the The Market Alert email newsletter(s) represent only our editor’s opinions and should not be relied upon for purposes of transacting securities or other investments, nor should they be construed as an offer or solicitation of an offer to sell or buy any security. Burkhardt Consulting Group cannot and does not assess, verify or guarantee the suitability or profitability of any particular investment. You bear responsibility for your own investment research and decisions and should seek the advice of a qualified securities professional before making any investment.
Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules.
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 Burkhardt Consulting Group infringe 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 Site should be sent to Burkhardt Consulting Group via Contact Us. 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. ©2014 Burkhardt Consulting Group. All Rights Reserved. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site 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 Site.
Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in or related to the Site are appropriate or available for use in other locations. Those who choose to access the Site 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 Site 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.
Links to Other Websites. The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimer. The site, the materials on the site, and any product or service obtained or accessed through the site 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, Burkhardt Consulting Group, its officers, directors, employees, affiliates, 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, and all warranties relating to the adequacy, accuracy or completeness of any information on the sites. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Burkhardt Consulting Group and its affiliates, suppliers, agents and sponsors do not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server(s) on which the site 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 sites, and all charges related thereto. You assume total responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement of Burkhardt Consulting Group or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the sites and any materials provided through the sites are entirely at your own risk.
Limitation of Liability. Neither Burkhardt Consulting Group 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 sites and/or content contained on the sites, or any product or service purchased through the sites. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the site. 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 sites. 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 Sites 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 Sites or any services related to the Sites.
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 personal jurisdiction by the federal and state courts located in Orange County, 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 the Burkhardt Consulting Group 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.