FleckensteinCapital.com LLC Terms and Conditions

INTRODUCTION
Welcome to FleckensteinCapital.com LLC.

BY CLICKING ON "SUBSCRIBE" OR OTHERWISE USING THE SERVICE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS.

GENERAL INFORMATION
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 certain month.

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 info@fleckensteincapital.com.  You must send any official correspondence via post to:

Fleckenstein Capital
22510 SE 64^th Pl., Suite 230
Issaquah, WA 98027

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.

DISCLAIMER
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 RISK.

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.

FLECKENSTEINCAPITAL.COM LLC 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.

FleckensteinCapital.com LLC 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.

CREDIT CARDS
FleckensteinCapital.com LLC takes the issue of your privacy seriously, including the security of your credit card information. For more information, please read our privacy policy and security information.

SUBSCRIPTIONS/BILLING
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 account termination.

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 account.

INDEMNIFICATION
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 claim.

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.

TERMINATION
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.

PRIVACY POLICY
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 Service.

SECURITY
FleckensteinCapital.com 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.