FleckensteinCapital.com LLC Terms and Conditions
Welcome to FleckensteinCapital.com LLC.
BY CLICKING ON "SUBSCRIBE" OR OTHERWISE USING THE SERVICE YOU SIGNIFY
YOUR AGREEMENT TO THESE TERMS.
This service (the "Service")
is owned and operated by FleckensteinCapital.com LLC, a wholly owned subsidiary
of Fleckenstein Capital, for your payment of the fee ("Service Fee"). While FleckensteinCapital.com LLC will make
an earnest attempt to provide reports to its subscribers every evening
following the close of US trading, FleckensteinCapital.com LLC cannot be
responsible for hardware failure, actions taken by subscriber ISP's or general
problems related to the Internet, or incapacity of the Service's author,
William A. Fleckenstein.
A yearly subscription to the
Service entitles subscribers to a minimum of of 210 daily reports, full access
to all Archives and access to any guest columns. If for any reason, FleckensteinCapital.com
LLC fails to produce the required number of reports, then subscribers with
paid-up annual subscriptions will receive a subscription extension equal to the
number of reports missed.
A subscription to the
Service cannot guarantee an exact number of days. This is due to the fact that the Service's
author, William A. Fleckenstein may be travelling or on vacation during a
We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms at any
time. Please check these terms
periodically for changes. Your continued
use of FleckensteinCapital.com LLC following the posting of changes to these
terms will mean you accept those changes.
If you have comments regarding
the Service or this Agreement, you may send them by e-mail to email@example.com.
You must send any official correspondence via post to:
22510 SE 64th Pl., Suite 230
FORUMS AND PUBLIC COMMUNICATION
Forum means a chat area, message board, or e-mail function offered by
FleckensteinCapital.com LLC. If you
participate in any Forum within FleckensteinCapital.com, you must not:
defame, abuse, harass or threaten others; make any bigoted, hateful or racially
offensive statements; advocate illegal activity or discuss illegal activities
with the intent to commit them; post or distribute any material that infringes
and/or violates any right of a third party or any law; post or distribute any
vulgar, obscene, discourteous or indecent language or images; advertise or sell
to, or solicit others; use the Forum for commercial purposes of any kind; post
or distribute any software or other materials which contain a virus or other
harmful component; or post material or make statements that do not generally
pertain to the designated topic or theme of any chat room or bulletin board.
Unless otherwise provided by rules applicable to a specific component of the
Service, all Postings to the Service automatically and immediately become the
property of FleckensteinCapital.com, without any obligation of confidentiality.
If any court determines that FleckensteinCapital.com does not retain exclusive
ownership of any Posting, then you hereby expressly grant to
FleckensteinCapital.com the irrevocable right to copy, adapt, publish,
transmit, display, sell or otherwise distribute, in any form or medium now
known or later developed, any Posting you upload to the Service, to alter any
such Posting in any way for any reason, and you waive all rights to claim
authorship of such Posting or to object to any modification to such Posting
(the so-called "moral rights") in all such Postings.
THE MATERIALS IN FLECKENSTEINCAPITAL.COM SITE IS PROVIDED AS IS AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF
THIRD PARTIES. FLECKENSTEINCAPITAL.COM
LLC DOES NOT GUARANTEE THE ACCURACY, COMPLETENES, OR TIMELINESS OF ANY
INFORMATION OF ANY KIND FOUND ON THE SERVICE.
YOUR RELIANCE ON ANY INFORMATION FOUND ON THE SERVICE IS AT YOUR OWN
THIS COMMUNICATION IS BEING
PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A
RECOMMENDATION OR AN OFFER OR SOLICITATION FOR THE PURCHASE OR SALE
OF ANY SECURITY REFERENCED HEREIN. IT IS BEING PROVIDED TO YOU ON THE CONDITION
THAT IT WILL NOT FORM THE PRIMARY BASIS FOR ANY INVESTMENT DECISION.
AND ITS AFFILIATES MAY HAVE POSITIONS (LONG OR SHORT), EFFECT TRANSACTIONS OR MAKE
MARKETS IN SECURITIES OR OPTIONS ON SUCH SECURITIES REFERENCED HEREIN. THE INFORMATION CONTAINED HEREIN IS OF THE
DATE REFERENCED AND FLECKENSTEINCAPITAL.COM LLC DOES NOT UNDERTAKE AN
OBLIGATION TO UPDATE SUCH INFORMATION.
FLECKENSTEINCAPITAL.COM LLC HAS OBTAINED ALL MARKET PRICES, DATA AND
OTHER INFORMATION FROM SOURCES BELIEVED TO BE RELIABLE ALTHOUGH ITS ACCURACY OR
COMPLETENESS CANNOT BE GUARANTEED. SUCH
INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. THE SECURITIES MENTIONED HEREIN MAY NOT BE
SUITABLE FOR ALL INVESTORS.
is not responsible or liable for any damage, including but not limited to
damage caused by viruses, to your computer, computer system, or other property,
during or on account of access or use of the Service or any sites to which the
Service provides hyperlinks ("links").
The Service includes links to
other Internet sites, both related and unrelated to the Service, that may be of
interest to users. The presence of a link to a third-party Service does not
constitute or imply the FleckensteinCapital.com LLC endorsement, sponsorship,
or recommendation of the third party or of the information or products
contained on the site.
FleckensteinCapital.com LLC does not monitor or control any linked sites
and is not responsible for their content or availability.
FleckensteinCapital.com LLC takes the issue of your privacy seriously,
including the security of your credit card information. For more information,
If you open a subscription based account with us, you hereby agree to pay all
charges to your account, including applicable taxes, in accordance with billing
terms in effect at the time the charge becomes payable. We reserve the right to
change the amount of, or basis for determining, any fees or charges for
services we provide, and to institute new fees, charges or terms effective upon
prior notice to customers. We reserve the right to terminate any account at any
time for any reason.
There will be three
options. The subscription price for
charter members (those who sign up by October 15th, 2003) will be $99 a year billed
semiannually. After that date, the rate
will be $120 a year, also billed annually.
Please Note: Your Subscription will
be automatically renewed and your credit card account will be charged each
year, 6-month period, on the same day
(the day you initially joined), unless you cancel the subscription prior to
that date. You may view and/or cancel your subscriptions by logging in and going to the "My Account" area
of the site.
The renewal charge shall be equal to the original signup price, unless
otherwise notified in advance. When you request termination, there is no refund
for any unused portion of the current subscription. However, you are entitled to use the Service
for the remaining unused portion of the current subscription. You may not assign or transfer your
subscription to any other person or entity.
Access to and use of the Subscription service is through a combination of an ID
and a password. You must keep your password strictly confidential. You may
access your account personally from multiple computers, but sharing of account
passwords with other persons is a violation of this agreement and may result in
Your right to use the Service is subject to any limits established by
FleckensteinCapital.com LLC or by Customers credit card issuer. If payment
cannot be charged to your credit card or the charge is returned for any reason,
including chargeback, FleckensteinCapital.com LLC may suspend or terminate your
access and account, thereby terminating this Agreement and all obligations of
FleckensteinCapital.com LLC hereunder.
If you have reason to believe that your account is no longer secure (for
example, in the event of a loss, theft or unauthorized disclosure or use of
your ID, password) you should notify FleckensteinCapital.com LLC immediately of
the problem to avoid possible liability for any unauthorized charges to your
You agree, at your own expense, to indemnify, defend, and hold harmless
FleckensteinCapital.com LLC, its subsidiaries, parent companies and affiliates,
from and against any and all claims, actions, liabilities, costs and expenses,
including, without limitation, reasonable attorneys' fees, arising out of your
breach of any provision of this Agreement or any warranty you provide herein,
or otherwise arising in any way out of your use of or Postings to the Service.
You will cooperate fully in any defense of such claim. FleckensteinCapital.com
LLC reserves the right to take exclusive control of the defense of any such
FORUM SELECTION AND LITIGATION
This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington, without regard to its conflicts of law provisions.
You agree to submit to the personal jurisdiction of the courts of the City of
Seattle, State of Washington, and of the federal courts located therein for any
cause of action arising out of this Agreement. This Agreement, and any other
terms and conditions of service, on the Service constitute the entire agreement
between you and FleckensteinCapital.com LLC and govern your use of the Service.
If a court deems any part of this Agreement invalid, the remaining parts shall
remain in full force and effect. You agree to file any cause of action with
respect to this Agreement and your rights and obligations in the City of
Seattle, State of Washington, within one year after the cause of action arises.
You agree that a cause of action filed after this date is barred.
RESTRICTIONS ON USE OF MATERIALS
The Service and all of its contents, including but not limited to articles,
other text, photographs, images, illustrations, graphics, video material, audio
material, and software (collectively the "Intellectual Property"),
are protected by copyright, trademark and other laws of the United States, as
well as international conventions and the laws of other countries. You
acknowledge and agree that the Intellectual Property is owned or controlled by
FleckensteinCapital.com LLC or the party credited as the provider of the
Intellectual Property. You may not, and agree that you will not, copy,
download, distribute, publish, enter into a database, display, perform, modify,
create derivative works, transmit, post, de-compile, reverse engineer, disassemble
or in any way exploit any of the Intellectual Property, or the Service itself,
in whole or in part, except as expressly provided in this section of this
Agreement. You may browse the Service and download material appearing on the
Service and/or make one printed copy for your own personal, noncommercial use.
You must keep intact all copyright, trademark and other notices contained in
this one personal copy. You may not distribute, or otherwise make available to
others, this one personal copy. You may not save or archive a significant
portion of the material appearing on the Service. You acquire absolutely no
rights or licenses in or to the Service and material appearing on the Service
other than the limited right to utilize the Service in accordance with this
Agreement. Should you choose to download material appearing on the Service, you
must do so in accordance with this Agreement. Such download is licensed to you
by FleckensteinCapital.com LLC ONLY for your own personal non-commercial use in
accordance with this Agreement and does not transfer any other rights to you.
The names "FleckensteinCapital.com LLC,"
"Fleckenstein Capital," and "FleckensteinCapital.com" are trademarks,
trade names, and service marks owned or licensed by Fleckenstein Capital.
This Agreement is effective
from the date of payment of the Service Fee. If FleckensteinCapital.com LLC
determines, in its sole discretion, that you have not complied with any part of
this Agreement, it may terminate your access to the Service or any part of the
Service without refund. Any termination of this Agreement removes your
authorization to access or use the Service. However, in the event of
termination, you will still be bound by your obligations under this Agreement,
including the warranties made by you, and by the disclaimers and limitations of
liability. FleckensteinCapital.com LLC further retains the right to terminate
the Service at its sole discretion.
FleckensteinCapital.com LLC will not use Internet "cookies"
or other programs or methods to gather information about your use of the
Internet. Cookies and other methods are only used to maintain persistent
information about your use of this site. All registration records and
information gleaned from your use of the Service and Postings to the Service, if
any, are the property of FleckensteinCapital.com LLC. FleckensteinCapital.com
LLC reserves the right to use these records and this information for its own
marketing or other purposes, or those of its related entities. Registration
records and personally identifying information gleaned from your use of the
Service and Postings to the Service will not be sold or otherwise provided to
third parties without your consent, other than affiliates of
FleckensteinCapital.com LLC, or for the purpose of providing the
LLC.com takes reasonable precautions to protect your information from loss,
misuse or alteration. We use Secure Socket Layer (SSL) technology to protect
sensitive information such as your credit card number and a series of firewalls
to protect our internal systems. You should recognize that, while it is
reported to be more secure to process credit card purchases through such
systems than many other traditional means, there is no such thing as perfect
security on the Internet.