Terms and Conditions of Use
Please read the following terms and conditions relating to access of this Website. By accessing and using this Website, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions.
IMPORTANT: CONTENT NOT TO BE CONSTRUED AS A SOLICITATION OR RECOMMENDATION
We do NOT take into account the investment objectives, financial situation and particular needs of any particular person. We make no recommendations as to the merits of any investment opportunity referred to herein.
We are a publisher. We are not registered as a broker dealer or investment adviser with the U.S. Securities and Exchange Commission or any state securities authority. Our information and content providers make no representations or warranties of any kind in connection with the subject matter, performance or the suitability of the information contained in this Website or any of our publications and are not responsible or liable for the timeliness, accuracy, or completeness of the information contained therein.
Our information, including the information in this Website, is provided for general informational purposes, and is not a substitute for obtaining professional advice from a qualified person, firm or corporation familiar with your personal circumstances. Please seek the advice of professionals, as appropriate, regarding the evaluations of any specific security, report, opinion, advice or other content.
We are not responsible for any trades placed by you. There can be no assurance that your portfolio or positions can achieve any indicated performance and therefore, any sample performance information should not be relied upon. Investment recommendations are not intended to be construed to be personalized advice, or recommendations to buy, hold, or sell mentioned securities and you should consider your personal situation before making any investment. All opinions expressed and information and data provided therein are subject to change without notice. We may have positions in and from time to time make purchases, or sales of the securities discussed or mentioned by Us.
Nothing in our Website or our publications constitutes a recommendation that you enter into any particular transaction nor a representation that any described product is suitable or appropriate for you. Many of the products described by Us involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks by Us should not be considered to be a disclosure of all risks or a complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
No Warranties or Representations
We make no warranty, express or implied, or representations, concerning, without limitation, any content on this or other sites, responsibilities, security or other matters.
No Warranty or Representations on Content: The information and services provided by Us and our third party providers are on an "AS IS" basis at your sole risk. We expressly disclaim any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
No Warranty or Representation as to Other Sites: This Website may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. We provide such links solely as a convenience to you. Accordingly, We make no representations concerning the content of the Sites. The fact that we have provided links to other Sites does not constitute an endorsement, authorization, sponsorship, or affiliation by Us with respect to the Sites, its owners, or its providers. We have not tested any information, software, or products found on any of the Sites and therefore do not make any representations with respect thereto, including any representations regarding the content or sponsors of the Sites, or the suitability or appropriateness of the products or transactions described therein.
No Responsibility to Update: Neither we nor any of our third party providers shall have any responsibility to maintain the information and services made available on this Website nor to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
No Warranty or Representations As to Security: We make no warranty whatsoever to you, express or implied, regarding the security of this Website including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. We shall have no liability for any newsletter that is lost, intercepted or not received by you in a timely manner, or at all, for any reason.
Information Made Available Through this Service
You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via this Website only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without Our prior express written consent. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. We reserve the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Us or the third party providers from whom We have obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Neither Us nor any third party provider shall have liability to you for monetary damages on account of the information provided to you via this service.
Our Right to Monitor
Your use of the products and services on this Website may be monitored by Us and the resultant information may be used by Us for our internal business purposes or in accordance with applicable law.
No Liability
We shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between Us and you, regardless of whether the connection or communication service is provided by Us or a third party service provider. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will We be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Website, even if We have been advised of the possibility of such damages. We will have no responsibility to inform you of any difficulties experienced by Us or third parties with respect to the use of the services or to take any action in connection therewith.
Termination
These Terms and Conditions shall remain effective until modified or terminated as We determine. We may terminate your access to and use of this Website or materials or any portion thereof, immediately, at any time.
Indemnification
You agree to indemnify, defend and hold us, our officers, directors, 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 breach of these Terms and Conditions; (b) any allegation that any materials that you submit to us or transmit to this Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Website or any services related to this Website.
Miscellaneous
These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in New York, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision herein is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are not assignable, transferable or sub-licensable by you except with our prior written consent. 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 herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all of Our policies referred to herein and on Our Website, constitutes the entire agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements.
Privacy Policy
We and are affiliated publishing companies operate a series of websites (“Our Sites”) offering a variety of products and services. This notice outlines the privacy policies of Our Sites. By visiting this Website, you are accepting the practices described in this Privacy Policy.
Changes to the Privacy Policy: We reserve the right to change the terms of this Privacy Policy. Since any changes will be posted on this page, we encourage you to check this page regularly. Your continued use of Our Sites following any changes to this Privacy Policy will constitute your acceptance of such changes.
Your IP Address: Each time you visit Our Sites, our web server automatically recognizes your IP address and the Web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer Our Sites, and to better serve you in using the services and features of Our Sites.
Cookies and Action Tags: The first time a user provides an e-mail address in connection with their activities at Our Site(s), we assign an identification number to that e-mail address and deploy a cookie to the user's PC. Whenever that user comes back to Our Site(s) using the same PC, the cookie allows Our Site(s) to identify the user and to recall the user's e-mail address. If, at any time, a user provides other information in connection with their activities on Our Site(s) (such as name, address, birth date, gender, etc.), We may store that information, along with the user's e-mail address, in our user database. We may use the information stored in our database (i) for the purpose for which the information was originally provided by a user; (ii) to pre-populate information fields in the event a user wishes to sign up for and/or subscribe to services, promotions or offers in the future; (iii) to ensure that a user will not be repeatedly exposed to the same ads, offers and promotions while visiting Our Sites; and (iv) to, in connection with regular communication with a user, include offers, promotions or advertisements historically, or likely to be, of interest to that user.
Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on a site. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of Our Sites and to provide information about what products are viewed or purchased.
Personal Information We Collect From You: By registering with, or providing personal information to Our Site(s), as well as providing permission to receive marketing offers, users allow Us and our affiliates to make their personally identifiable information available to third parties in accordance with the terms of this privacy policy and the privacy policy of the respective affiliated sites. For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual including, but not limited to: (a) a first and last name; (b) a home or other physical address, including street name and name of city or town; (c) an e-mail address or other online contact information, such as an instant messaging user identifier or a screen name that reveals and individual’s e-mail address; (d) a telephone number; (e) a persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies and individual; (f) age; (g) income level; (h) hobbies, buying patterns or preferences; or (i) any other information from or about an individual that is combined with any of (a) through (i) above.
How We Use Personal Information: Your Personal Information may be transmitted to our advertising and marketing partners, our affiliated companies, or other third parties interested in providing you information or services. Information may be provided by e-mail at the address that you provide on Our Site(s), in compliance with the CAN SPAM Act of 2003, or by any other means you provide. We will also use your Personal Information for customer service, to provide you with information that you may request, to customize your experience on Our Sites, and to contact you when necessary in connection with transactions entered into by you on Our Sites. We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and Our Sites or administer activities on our behalf. We and/or our marketing partners and affiliated companies enhance and/or merge Personal Information about users with data collected from other sources to use in direct and/or online marketing. We reserve the right, in connection with a transfer of any of our assets to any affiliated company, to provide Personal Information and data to the affiliate subject to the terms of this policy. Similarly, we reserve the right, in connection with a sale of any of our assets or businesses to a third party, to sell our database containing Personal Information, or relevant portion thereof. We may release Personal Information if required by law, to enforce any terms of service, or to protect the rights, property or safety of our Web Sites, its registered users, or others. Please note that our privacy policy does not apply to websites or web pages that link to Our Sites. You may, at any time, notify us that you do not wish to have your Personal Information disclosed to third parties for offers and promotions by sending an e-mail to questions@leeb.com.
Refer-a-Friend Feature: If you choose to use a referral service on Our Sites to tell a friend about Our Sites, we will ask you for your friend's name and e-mail address. We will automatically send your friend a one-time email inviting him or her to visit Our Sites. We store this information in order to send this one-time email and to track the success of our referral program. Your friend will not receive anything further from us or our marketing partners and affiliated companies unless your friend opts in to receive further communications. By referring a friend, you agree that he or she is likely to be interested in one of Our Sites and that it is appropriate for us to contact him or her. Your friend may contact us at questions@leeb.com to request that we remove his or her information from our database.
How We Use Demographic Information: We use demographic information to tailor Our Sites to the interests of our users. Demographic information is shared with advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.
Other Sites: Our Sites, including those accessible through this Website may have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Please be aware that Our Sites may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those websites linked to Our Sites are not covered by this Privacy Policy. These other sites may send their own cookies to users, collect data, or solicit Personal Information. Additionally, other companies that place advertising on Our Sites may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect. On behalf of various sponsors, We may provide sponsored links to third-party websites. If you click on a sponsored link or banner ad, a "window" or "frame" containing a third-party's web site may appear in the foreground with a site in the background. Unless you are on one of Our Sites, any time that you have moved to a window, you should assume that your Personal Information is being collected, used and disclosed in accordance with the windowed site's privacy policy (if any). If you are unsure as to whose privacy policy applies, please contact us.
Security: This Website has security measures in place to protect against the loss, misuse and alteration of the information under our control. We encrypt your personal and financial information and use our best efforts to prevent it from being read or intercepted as the information travels over the Internet. While We are committed to protecting your information, We cannot ensure or warrant the security of any information you transmit to Us.
Removal of Your Information/Opting Out: At your request, we will remove Personal Information that you have provided to Us. You may do so by e-mailing Leeboptout@sovhomestead.com . However, deleting your Personal Information or otherwise opting-out of receipt of communications from Us or third parties will only change or delete the data in our database for purposes of transacting future business on a Site and for managing future communications from Us and third parties. These deletions will not change or delete Personal Information already collected as part of a particular transaction in our database, which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact third parties who may contact you directly to change your preferences or your personal information that they may be using to contact you. We provide users the option to opt-out from receiving information sent via electronic mailings on behalf of third party advertisers. Users may unsubscribe from receiving e-mails at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed if you have registered with Us in the first instance. If you have not registered with Us and wish to opt out of receiving e-mails from a particular sender, please consult that sender’s opt out policies or contact that sender. Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from Us for up to 5 days after following the unsubscribe procedures detailed above. If after that point a user is still receiving email from us, the user should contact Us at Leeboptout@sovhomestead.com.
No Liability: IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY OF OUR SITES OR FOR THE UNAUTHORIZED MODIFICATION OF TEXT OR ADVERTISEMENTS PROVIDED BY US TO OUR MARKETING PARTNERS, THIRD PARTIES OR OTHERS. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, AND ALL OF OURS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND OUR CONTROL OR NEGLIGENCE IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING ANY CONTENT.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OURS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE, ANY OF OUR SITES OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT OR FOR ANY TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY FOR US, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED IN THE AGGREGATE TO DIRECT AND ACTUAL DAMAGES NOT TO EXCEED THE FEES RECEIVED BY US FROM A SUBSCRIBER.
Children's Online Privacy Protection Act (COPPA) Compliance: You must be at least 18 years old to have our permission to use Our Sites. Our policy is that we do not knowingly collect, use or disclose Personal Information about visitors under 18 years of age. If you are the parent or guardian of a minor under 18 years of age and believe that they have disclosed Personal Information to us, please contact us at Leeboptout@sovhomestead.com so that we may delete the minor's information.
Contacting Us About Privacy Questions or Concerns: If you have any questions about this Privacy Policy, the practices of any of Our Sites, or your dealings with this Website, please email us at questions@leeb.com, or by sending a letter to:
TCI Enterprises LLC
8 West 40th Street
New York, NY 100
As used herein, “Us,” “We,” “Our,” means TCI Enterprises LLC (The Complete Investor Publications), and our affiliated and related entities, and their officers, directors, managing directors, partners, and employees.
