ADDITIONAL TERMS AND CONDITIONS
Your review or use of this site (“Site”), or any information, materials or content thereon (collectively the “Content”), shall automatically constitute your acknowledgement of and agreement to be bound by the following terms and conditions.
4 Percent Portfolio LLC (“Company” or “we”) reserves the right to amend these terms and conditions from time to time by posting the amended terms on this Site.
1. Disclaimer. ALL CONTENT PROVIDED BY COMPANY OR ANY COMPANY PARTY (“COMPANY PARTY” MEANS ANY MEMBER, AFFILIATE, PARTNER, MANAGER, EMPLOYEE, ATTORNEY OR AGENT OF COMPANY) IS BEING PROVIDED ON AN AS-IS, WHERE-IS AND WITH ALL FAULTS BASIS. COMPANY AND EACH COMPANY PARTY SPECIFICALLY DISCLAIM: (1) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, (2) ALL REPRESENTATIONS THAT THE SERVICES PROVIDED BY COMPANY (“SERVICES”) WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR FREE, OR MEET YOUR EXPECTATIONS, AND (3) ANY AND ALL LIABILITY, LOSS, EXPENSES, COSTS OR DAMAGES YOU OR ANY THIRD PARTY MAY INCUR BASED ON YOUR RELIANCE OR REVIEW OF THE CONTENT CONTAINED IN OR OFFERED IN CONNECTION WITH THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO MARKET VALUE, OPPORTUNITY COSTS, LOST PROFITS, LOST BUSINESS, OR OTHER LOSS ON THE SALE OR PURCHASE OF ANY COMPANY, PROPERTY, PRODUCT, SERVICE, SECURITY, INSTRUMENT, INVESTMENT, OR ANY OTHER MATTER. YOUR USE OF THE SERVICES PROVIDED BY COMPANY OR THE SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL COMPANY OR ANY COMPANY PARTY BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, TRADING LOSSES, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY AND/OR A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH: (I) YOUR USE OR THE INABILITY TO USE THE SERVICES, THIS SITE, OR THE INTERNET; (II) ANY INVESTMENTS OR OTHER DECISIONS, WHETHER MADE BY YOU OR ANY THIRD PARTY, BASED UPON CONTENT CONTAINED IN THIS SITE OR THROUGH THE USE OF THE SERVICES, OR (III) ANY OTHER MATTER RELATING TO THE SERVICES OR YOUR USE OF THIS SITE HOWEVER ARISING, INCLUDING NEGLIGENCE.
Neither the information nor any opinion expressed on this Site constitutes an offer by the Company to buy or sell any securities or financial instruments, or to provide any investment advice or service. The services, securities and financial instruments described on this Site may not be available to or suitable for you, and not all strategies are appropriate at all times. The value and income of any of the securities or financial instruments mentioned on this Site can fall as well as rise, and an investor may get back less than he or she invested. Foreign-currency denominated securities and financial instruments are subject to fluctuations in exchange rates that could have a positive or adverse affect on the value, price or income of such securities and financial instruments. Past performance is not necessarily a guide to future performance. Independent advice should be sought by you in all cases.
Before making any purchase or sale of securities related to any information contained on this Site or received from Company or any Company Party, Company recommends that you contact your personal broker or other professional advisors. Neither Company nor any Company Party shall have any liability to you or any third party for investment or other decisions based upon any Content and/or decisions based upon a contrarian view of any Content. You agree that the Content is to be used for informational purposes only and that neither Company nor any Company Party is providing investment advice to you or any third party through the use of this Site.
2. Limitation on Liability. Company’s maximum aggregate liability to you or any third party in any circumstance is limited to the greater of (a) the amount of fees you pay (directly or indirectly) to Company for its fees in the six (6) months prior to the action giving rise to liability, or (b) $100. The existence of one or more claims shall not increase this limitation. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of liability, disclaimer of warranties and limited remedies set forth herein represent an inseparable allocation of risk that is an essential basis of the agreement between Company and you.
3. Acceptance of Risk. Any Content downloaded or otherwise obtained from or through the use of the Services or Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Company, any Company Party or any third party.
Company may provide, or third parties may provide, links to other internet sites or resources. Your linking to other web sites is at your own risk. You acknowledge and agree that neither Company nor any Company Party is responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with (i) use of or reliance on any such content, information goods, products, advertising or services available on or through any such site or resource, or (ii) the availability of such external sites or resources.
Any investment products and services mentioned on this Site may have tax consequences. Company is not providing tax advice to you. Your tax affairs are your own responsibility and you should consult your own attorneys or other tax advisors in order to understand the tax consequences of any investment products and services mentioned on this Site.
4. Digital Millennium Copyright Act. Certain areas of this Site may permit end users to upload, post or otherwise transmit information such as opinions, comments, questions and other materials. Although we generally do not monitor, and disclaim any responsibility for, the materials provided on or through this Site by end users, we will not allow access to any such materials that we have actual knowledge to be infringing of a third party’s intellectual property rights. Such infringing materials will be removed from this Site, and repeat offenders will have their right to access to and use this Site terminated.
Under the Digital Millennium Copyright Act (the “DMCA”), copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing at an online location may contact, directly or through their authorized agents, the service provider hosting such online location and request that the infringing material be removed or access to it blocked. We have designated the following individual to receive notification of claimed infringement:
5. Additional Agreement. In addition to the other obligations set forth herein, you agree not to access or use this Site to: a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Site, use of this Site, or access to this Site; b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; c) make available any Content that (i) you do not have a right to make available under any law or under contractual or fiduciary relationships, (ii)infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) is unlawful, harmful, threatening, tortious, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable; d) make available any advertising, promotional materials, spam, chain letters, spam or other any other form of solicitation, or (e) violate any applicable federal, state, local, national or international laws or regulations.
7. Severability. If any provision contained herein is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected thereby; and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law, and, in its modified form, such provision shall then be enforceable and enforced. You agree that regardless of any statute, law or regulation to the contrary, if you have any claim or cause of action arising out of or related to use of the Services, the Site or the terms contained herein, such claim or cause of action must be filed within a Missouri federal or state court of competent jurisdiction no later than one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred.
9. Returned or Rejected Payments; Remedies. You agree that you may be charged a $50.00 fee or the maximum fee allowable under law, whichever is less, for each bounced check or rejected payment by debit/credit card. You agree that Company may comply with law enforcement or regulatory requests or requirements. In any formal action or suit to enforce any right or remedy, Company will be entitled to recover its costs and fees, including but not limited to reasonable attorneys fees.
10. Waiver: No duty or breach of these terms may be waived by any act or omission by or knowledge of Company, and any such waiver must be made by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of Company. Any waiver by Company of any duty or breach in one instance will not constitute a waiver of any other or subsequent duty or breach.