Terms Of Use

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE

Mindset Capital, LLC (“the Publisher” “we,” or “us”) provides this website, located at http://mindsetcapital.com/ (together with all other websites and services operated by or on behalf of the Publisher, the “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.

1. Agreement

By using the Site, you agree to be bound by our Terms of Use (the “TOU”). If you do not agree to the terms and conditions contained in the TOU and the Publisher’s privacy policy, please do not access or otherwise use the Site or any information contained herein.

You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to the Publisher’s attention through reliable means that a registered user is a child under 18 years of age, the Publisher will cancel that user’s account.

2. Changes to the TOU

We reserve the right at any time to:

• Change the terms and conditions of the TOU;
• Change the Site, including eliminating or discontinuing any content or feature of the Site; or
• Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).

The Publisher may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.

3. Important Securities Disclaimer

You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the Site’s writers, information providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Content on the Site that may or may not be deemed by you to be recommendations may have an effect on stock prices.

You understand that the Site may contain opinions from time to time with regard to securities mentioned in other of the Publisher’s blogs or products, and that opinions in one blog or product may be different from those in another blog or product.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

4. No Investment Recommendations or Professional Advice

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by the Publisher or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

5. Copyright, Linking Policy and Trademarks

The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, Comments (as defined below), third-party Apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of the Publisher and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any Content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. The Publisher reserves all rights not expressly granted in and to the Site.

The Site contains links to other Internet websites or links to Content created by third parties which is published on the Site. We neither control nor endorse such other websites or Content, nor have we reviewed or approved any Content that appears on such other websites or on our Site. Please read the terms of use and privacy policy of any such third party sites that you interact with before you engage in any activity. You are solely responsible and liable for your use of and linking to all third party sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our Site or any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Similarly, while we do endeavor to facilitate the provision of quality Apps, we are not responsible for any loss or damages caused or alleged to have been caused by their use.

You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from the Publisher, please contact the Publisher to obtain written consent. Mindset Capital™ is a trademark and/or service mark of the Publisher or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

This section shall survive any termination of these TOU.

6. User Conduct

You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site and its services, you agree not to:

• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about visitors to the Site without their express consent;
• Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site;
• Transmit any Content which contains software viruses, or other harmful computer code, files or programs.

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.

In order to access some of the services of the Site, you may have to create an account. By creating this account you agree to the following:

• You may only maintain a single account;
• You may never share your account user name or password or knowingly provide or authorize access to your account;
• You may never use another user’s account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of your account;
• You will be liable for any use made of your account or password and the losses of The Publisher or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

The Publisher has the right to terminate your access to the Site, in its sole discretion.

7. Overview of Posting Content; Monitoring Content

The Site permits the submission of Content by users of the Site through the “comment” function that is enabled on some web pages or articles (each, a “Comment”). The Publisher has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any Comment posted on its Site. Without limiting the foregoing, The Publisher has the right to delete any Comment that it believes, in its sole discretion, does or may violate the TOU of the Site by you.

Without limiting the generality of the foregoing, the Publish may remove any Comment that violates one of the following principles, as determined by the Publisher in its discretion:

• No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.
• No pornography or pedophilia
• No direct or veiled threats against any person or group of people.
• No copyright infringement
• No plagiarism. This includes posting content verbatim from other sources without proper attribution and/or repurposing content from other sources and presenting it without reference to the content’s creator.
• No publishing of other people’s private and confidential information, such as credit card numbers, Social Security Numbers, and driver’s and other license numbers.
• No impersonation of others in a manner that is intended to or does mislead or confuse others.
• No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
• No spamming, link-spamming or transmitting malware and viruses.
• No personal attacks.
• No profanity or vulgarity.
• No business solicitations or advertising.
• No inappropriate, unethical or misleading behavior.

The Publisher encourages civil, thought-provoking debate and idea-sharing among investors and stock-market followers. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others’ ideas.

Without limiting the generality of the foregoing, the Publisher may refrain from posting or remove Comments that violate these standards or which are otherwise inappropriate. These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we will not monitor the veracity of names and positions or the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information.

8. User Comments; Online Rules of Conduct

When you post any Comment on the Site you agree to:

• Post comments that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
• Grant the Publisher a royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Comment (in whole or in part) and/or to incorporate any of the Comment in other works now or in the future and in any media formats and through any media channels, and you confirm and warrant to the Publisher that you own the copyright in each of your Comments and have all the rights, power and authority necessary to grant the above license and rights.
• Not write about a stock with the intention to boost or reduce the stock’s price and sell (or buy) the stock into the resulting strength or weakness.
• Not sell or buy a stock within three days of posting a Comment on that stock without disclosing such fact.
• Not write about a stock in which you have a material relationship (such as an employee or a stockholder) unless you accurately disclose that relationship.
• Waive any and all rights against the Publisher and hold the Publisher harmless in connection with any claims relating to any action taken by the Publisher as part of its investigation of a suspected violation or result of its conclusion that a violation of these TOU has occurred.
• Maintain and promptly update your registration data to keep it true, accurate, current and complete.
• Be wholly and sole responsible for the content of your Comment.

You further agree not to:

• Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable.
• Post or transmit any Comment that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.
• Post or transmit any Content that is unlawful, harmful or injurious to others, contains software viruses, or other harmful computer code, files or programs, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
• Post any Comment that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
• By use of your alias or in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
• Post any Comment that you are prohibited to post (either as a consequence of any law or any legal obligation binding on you).
• Post within any Comment any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
• Post any Comment that contains any non-public or otherwise restricted, confidential or proprietary information without authorization.
• Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market.

9. Disclosure

The Publisher may access, read, preserve, and disclose any Comment and may publish any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Publisher, its users, yourself or the public.

10. Disclaimer of Warranties

THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.

THE PUBLISHER DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVERS ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THE PUBLISHER, ITS AFFILIATES OR ANY OTHER PERSON, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

11. Limitation of Liability

NEITHER THE PUBLISHER NOR ITS AFFILIATES OR ANY OTHER PERSON IS LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE PUBLISHER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE PUBLISHER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

12. Indemnification

As a condition of your use of the Site, you agree to indemnify, defend and hold the Publisher, its members, managers, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, or (d) any claim that one of your Comments caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.

13. Termination

You understand and agree that the Publisher may, without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violations of third party intellectual property.

14. Copyright Policy

The Publisher respects the intellectual property of others, and we ask our users to do the same. The Publisher may terminate the account or access of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

14.1: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

14.2: a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

14.3: a description of where the material that you claim is infringing is located on the site, including the URL;

14.4: your address, telephone number, and email address;

14.5: a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

14.6: a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Publisher’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

1600 Parkwood Circle, Suite 400, Atlanta, GA 30339

Please also note that under the Digital Millennium Copyright Act, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

15. Miscellaneous

The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

 

The TOU, together with all Publisher policies referred to herein, constitutes the entire agreement between you and the Publisher relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU, privacy policy and the relationship between you and the Publisher are governed by and construed in accordance with the laws of the State of Georgia, without regard to its principles of conflict of laws. You and the Publisher agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Cobb County, Georgia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof..

 

Updated: August 12, 2015