Terms of Use

Financial Sense® Website Terms of Use (TOU) Agreement

Read this Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 25 Aug 2022.

This Terms of Use Agreement sets forth the standards of use of the Financial Sense® Service ("Service"). By using the www.financialsense.com website, you ("you" or "Visitor") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.

1. Description of Service

Financial Sense® (FS) and its parent company, Financial Sense® Advisors, 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. The 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.

2. Changes to the Terms of Use

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 https://www.financialsense.com/legal. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications.

We further reserve the right, at any time, to modify, change, update, or otherwise alter the Website without prior notification, including discontinuing or eliminating Website content or features. Your continued use of the Website signifies acceptance of these alterations.

3. Disclaimer of Warranties

The Website is 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 Website in terms of their correctness, accuracy, reliability, or otherwise. FS shall have no liability for any interruptions in the use of the Website. 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

FINANCIAL SENSE® SECURITIES, FINANCIAL SENSE® ADVISORS, FINANCIAL SENSE®, FINANCIAL SENSE® NEWSHOUR, FINANCIAL SENSE® WEALTH MANAGEMENT, 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.


5. Indemnification

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.

6. FS Insider Purchases and Refund Policy

Our premium weekday podcast, FS Insider, is a recurring subscription service that automatically renews each month or year, depending on which option the user chooses. The auto-renewal can be canceled at any time from the user's Account page. FS does not provide refunds, returns, or exchanges for any purchased Content, including monthly or annual subscriptions. If you experience technical problems accessing Content you purchased or would like to cancel your subscription, please Contact Us during normal business hours 7:30 a.m. to 4:00 p.m. Pacific M-F (except holidays) or leave us a message and will be happy to assist you.

7. Copyright and Trademark Information

All content included or available on the Website, 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 ©1997–2022 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.

The visitor may download or print one (1) copy of any of the Website's Content for personal, non-commercial use, which must retain all copyright, disclaimers, and other notices contained therein. Use of the Website's 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 redistributed 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 the use of the Website.

Links to, and appropriately credited quotes of up to 200 words from the Website (appropriate credit includes author, article title, article date, article website address, and date retrieved), are permitted.

Any use of materials on the Website 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 devices, or manual process to monitor, copy, index, or in any way reproduce the Content or "look"/design/presentation of the Website and their navigational structure without prior written permission of an authorized officer of the Company.

Report a Copyright violation

Financial Sense® is a registered service mark of Financial Sense® Advisors, and neither the service mark, 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, service marks, and logos displayed on the website 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, service marks, logos, or links to the website of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.

Report a Servicemark violation

8. Investment Disclaimer

Visitor understands that the Website 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 Website is "suitable" for any specific person or situation. None of the information on the Website 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 website each involve their own unique risk factors or considerations; these risk factors are not discussed on the website. 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 website. Visitor understands that investing in any of the investments discussed or presented on the website 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.

8.1 "Low Price" Security (Penny Stock) Disclaimer

Visitor understands that certain investments discussed or presented on the website 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.

9. Timeliness/Accuracy of Information

Visitor understands that information on the Website 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 website may not be applicable, up-to-date, or accurate. In particular, Visitor understands that any price information on the website 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.

10. Contributors

Content may also be contributed to our website 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 website ("Access Information"). The 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.

11. Visitor Conduct

Visitor agrees not to engage in any of the following as a condition of their use of the website: 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 website or their Content; compromise the security of the website; 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 website's copyright to the Content, as described in Section 6 of this Agreement. Visitor agrees to not use the Website and/or their Services or Content for any illegal or unlawful purpose or in any illegal or unlawful manner.

12. 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 Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Planned interruptions to service include a break for Financial Sense Newshour® and FS Insider during two weeks in August and two weeks in December.

13. Third-Party Sites

Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties; we neither control nor endorse these websites or their services, products, features, links, or advertising they offer. You acknowledge that we are not responsible for the availability of, or the content located on or through, or the legality of, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties' sites.

14. 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.

15. Governing Jurisdiction of the Courts: State of California

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Websites or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

16. Compliance with Laws

Visitor assumes all knowledge of applicable laws and is responsible for compliance with any such laws. The 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.

17. 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.

By Mail
Financial Sense®
Attn: Cristofer Sheridan, Webmaster
10809 Thornmint Rd, 2nd Floor
San Diego, CA 92127
By Telephone: 858.487.3939
By Email: fswebmaster[at]financialsense[dot]com

18. Botnets

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.

19. 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.

20. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement (if applicable).