1. Description of Service
Financial Sense® (FS) and its parent company, Puplava Financial Services, Inc. (collectively "we") are providing Visitor with information about financial and economic news and issues and as such all provisions in this TOU apply to both companies. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor's access to the Internet, and (3) pay any fees related with such connection.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at http://www.financialsense.com/about-us/terms-of-use. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
We further reserve the right, at any time, to modify, change, update, or otherwise alter the Websites without prior notification, including discontinuing or eliminating Website content or features. Your continued use of the Websites signifies acceptance of these alterations.
3. Disclaimer of Warranties
The Websites are provided by FS on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, FS makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Websites in terms of their correctness, accuracy, reliability, or otherwise. FS shall have no liability for any interruptions in the use of the Websites. FS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
4. Limitation of Liability
PUPLAVA SECURITIES, INC., PUPLAVA FINANCIAL SERVICES, INC., FINANCIAL SENSE® ONLINE, FINANCIAL SENSE® NEWSHOUR, PFS GROUP, THEIR FOUNDER JAMES J. PUPLAVA, ITS CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AFFILIATES (COLLECTIVELY, THE "COMPANY") SHALL NOT be liable for any damages whatsoever, and in particular the company shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS arising out of or related to the websites or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the company has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT PROVIDED BY CONTRIBUTORS, BROADCAST GUESTS, AFFILIATES, OR OTHER CONTENT PROVIDERS, TO FINANCIAL SENSE®. IT IS THE RESPONSIBILITY OF CONTRIBUTORS, BROADCAST GUESTS, AFFILIATES, AND OTHER CONTENT PROVIDERS TO ADHERE TO COPYRIGHT AND TRADEMARK LAWS REGARDING SUBMISSIONS TO AND CONTENT ON FINANCIAL SENSE.
Visitor agrees to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Visitor's use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor's computer, of any intellectual property or any other right of any person or entity.
All content included or available on the Websites, including without limitation, site design, documents, articles, editorials, products, software, photos, theme music, podcasts, audio files, multimedia, videos, text, graphics, interfaces, services, features, and the selection and arrangements thereof (collectively, "Content") is ©1997–2013 Financial Sense®, with all rights reserved, or is the property of FS and/or third parties protected by intellectual property rights.
FS retains and reserves all rights not expressly granted herein.
Visitor may download or print one (1) copy of any of the Websites' Content for personal, non-commercial use, which must retain all copyright, disclaimers, and other notices contained therein. Use of the Websites' Content for any other purpose other than personal, non-commercial use, unless specifically permitted by an authorized officer of the Company, is a violation of copyright and is subject to prosecution.
If Visitor purchases Content—including monthly or annual subscriptions—purchase is a non-refundable, non-exchangeable, non-returnable transaction. Any and all Content purchased and/or downloaded may not be re-sold, re-uploaded, or re-distributed for any purpose or reason. Doing so will constitute a breach of copyright and/or constitute theft of intellectual property, and will be pursued to the fullest extent of the law.
Visitor understands and acknowledges that Visitor does not acquire any ownership rights through use of the Websites.
Links to, and appropriately credited quotes of up to 200 words from the Websites (appropriate credit includes author, article title, article date, article website address, and date retrieved), are permitted.
Financial Sense Newshour's musical themes ("The Gears" and "The Mountains") are original compositions pending copyright, and are the exclusive property of Puplava Financial Services, Inc. Any use of any or all of the "The Gears" or "The Mountains" is strictly prohibited, and is subject to prosecution.
Any use of materials on the Websites other than the preceding, including, but not limited to reproduction, exploitation, modification, distribution, republication, decompilation, or replication, framing, mirroring, disassembling, or posting (including, but not limited to, online bulletin boards, online networks, blogs, message boards, newsgroups, and chat rooms), any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited and is subject to prosecution. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor, copy, index, or in any way reproduce the Content or "look"/design/presentation of the Websites and their navigational structure without prior written permission of an authorized officer of the Company.
Financial Sense® is a registered servicemark of Puplava Financial Services, Inc., and neither the servicemark, nor any of the Company's logos on the Website, may be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
All other trademarks, servicemarks, and logos displayed on the websites are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks, servicemarks, logos, or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
7. Investment Disclaimer
Visitor understands that the Websites may contain information about various types of investments, investment strategies, or investment philosophies, but that this information and Content does not constitute "advice" related to Visitor's personal financial situation, nor does it constitute any "recommendation" on how to invest Visitor's portfolio of assets. No investment strategy, investment philosophy, or investment discussed or presented on the Websites is "suitable" for any specific person or situation. None of the information on the Websites constitutes a solicitation to buy or sell any security or investment. Visitor understands that opinions regarding investments, investment strategies, or investment philosophies presented or discussed on the site may differ from each other or vary widely. The investments, investment strategies, and investment philosophies discussed or presented on the Websites each involve their own unique risk factors or considerations; these risk factors are not discussed on the Websites. Visitors should consult with a licensed, qualified investment professional, and/or research the risks involved, before investing: THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE WEBSITES, OR AS A RESULT OF MARKET RISKS. INVEST AT YOUR OWN RISK.
Visitor understands that FS staff, Contributors, Contributors' firms, and/or FS affiliates, and/or immediate family members of the preceding individuals, groups, or firms, may hold positions in investments discussed or presented on the Websites. Visitor understands that investing in any of the investments discussed or presented on the Websites may mean that one or more of the preceding individuals, groups, or firms also has an active position in that investment at the same time.
7.1 "Low Price" Security (Penny Stock) Disclaimer
Visitor understands that certain investments discussed or presented on the Websites may be considered "penny stocks," and are subject to unique risks, which may include, but are not limited to: illiquidity, lack of accurate pricing, and lack of public information.
8. Timeliness/Accuracy of Information
Visitor understands that information on the Websites is based on sources we and/or our affiliates or Contributors believe to be reliable, but its accuracy and/or completeness is not guaranteed.
Visitor understands that information and data on the Websites may not be applicable, up-to-date, or accurate. In particular, Visitor understands that any price information on the Websites is not intended to be up-to-date, and should not be used or relied upon as accurate, nor should it be used or relied upon to make a decision to buy or sell any investment. INVEST AT YOUR OWN RISK.
Content may also be contributed to our Websites by various parties, individuals, and entities ("Contributors"). Guests on the Financial Sense Newshour program shall also be considered Contributors. For the purposes of this Agreement, Contributors shall also be considered Visitors.
Contributors shall receive a username and password which they will use to submit content to the Websites ("Access Information"). Contributor is responsible for keeping their Access Information secure. Contributors are entirely responsible for any and all activities which occur under their Access Information whether authorized or not authorized. Contributor agrees to immediately notify FS of any unauthorized use of Contributor's account or any other breach of security known or should be known to the Contributor. Contributor's right to use the Service is personal to the Contributor. Contributor agrees not to resell or make any commercial use of the Service without the express written consent of the Company. CONTRIBUTOR, NOT THE COMPANY, IS FULLY AND COMPLETELY LIABLE FOR ANY LOSSES AND/OR DAMAGE OF ANY AND ALL KINDS DUE TO UNAUTHORIZED USE OF CONTRIBUTOR ACCESS INFORMATION.
FS reserves the right to terminate Contributor access, and/or to delete, remove, or otherwise disable Contributor Access Information and Contributor Content for any reason and at its sole discretion.
Contributor agrees that FS has the right to include Contributor Content in feeds to news aggregator and other similar republication services, at its sole discretion, and that any revenue generated by these services is the sole property of FS.
Likewise, Contributor agrees that FS has the right to place advertising in, among, and around Contributor Content and/or at any page on the FS website, and/or on any Financial Sense-produced Content, and that any revenue generated by such advertising is the sole property of FS.
Contributor agrees that FS has the right to offer Contributor Content and/or Financial Sense-produced Content as a paid service, and that any revenue generated by the sale of Content is the sole property of FS.
Contributors further agree to comply with Contributor Guidelines.
10. Visitor Conduct
Visitor agrees not to engage in any of the following as a condition of their use of the Websites: interfere with another's use of the Website via any means or method, including, but not limited to "hacking," the use of Trojans, the use of viruses, etc.; deface the Websites or their Content; compromise the security of the Websites; collect or "harvest" information about other Visitors without their express permission and consent by any means or method, including, but not limited to, cookies or "phishing"; or suggest or imply that any opinion, statement, product, or service is endorsed or approved by FS without FS's express prior written consent. Visitor agrees to respect and abide by the Websites' copyright to the Content, as described in Section 6 of this Agreement. Visitor agrees to not use the Websites and/or their Services or Content for any illegal or unlawful purpose or in any illegal or unlawful manner.
9. Modifications and Interruption to Service
FS reserves the right to modify or discontinue the Service with or without notice to the Visitor. FS shall not be liable to Visitor or any third party should FS exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that FS does not guarantee continuous, uninterrupted or secure access to our Websites and operation of our Websites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
10. Third-Party Sites
11. Disclaimer Regarding Accuracy of Vendor or Advertiser Information
Product specifications and other information have either been provided by the Vendors or Advertisers, or collected from publicly available sources. While FS makes every effort to ensure that the information on the Websites is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Websites.
FS makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor or Advertiser, and Visitor acknowledges that any reliance on representations and warranties provided by any Vendor or Advertiser shall be at Visitor's own risk.
12. Governing Jurisdiction of the Courts: State of California
13. Compliance with Laws
Visitor assumes all knowledge of applicable laws and is responsible for compliance with any such laws. Visitor may not use the Services or Websites in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FS designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Cristofer Sheridan, Webmaster.
Attn: Cristofer Sheridan, Webmaster
PO Box 503147
San Diego, CA 92150-3147
By Telephone: 858.487.3939
By Email: fswebmaster @ financialsense.com
FS retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Affirmation of Age
By using or accessing the Websites, you affirm that you are over the age of 18; the materials, information, and content on the site are intended for Visitors over the age of 18. If FS is made aware, from a reliable source, that a Visitor is under the age of 18, FS reserves the right to block the Visitor's access to the Websites, cancel any access to the Websites, and/or delete or remove any content contributed to the Websites by the Visitor.
15. Returns/Exchange Policy
FS does not accept returns or offer exchanges for any purchased Content—including monthly or annual subscriptions. If you experience technical problems accessing a download or other Content you purchased, please contact FS Staff during normal business hours 7:30 a.m. to 4:00 p.m. PST M-F (except holidays).
16. Other Terms