The Capitalist Media LLC — Terms & Conditions of Service
Welcome to Capitalist Media! We hope that you will enjoy taking on the establishment with us, whether it is just perusing articles – on Capitalistmedia.com, our paid advertising products. But before we get down to brass tax, please read the following: By using the products, you’re agreeing to be bound by these Terms and Conditions. If you don’t want to play by the rules, please don’t register with anything related to Financial Media Global Florida, LLC (“Capitalist Media,” “we” or “us”) or use the Services we provide. We may change these terms at any time, but we will post a notice on this website of any important changes. Your continued use of The Capitalist Media and its Services means that you accept any new or modified terms and conditions. In other words, be a team player and check back to this page from time to time.
Some Services, like our new and constantly improving interactive memberships, are works in progress. We reserve the right to change or even eliminate them with no notice, at our sole discretion.
Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with Capitalist Media. In other words, it’s one registration per person. Any use of multiple accounts or aliases on our Products, including attempts to mislead, defraud, confuse or otherwise trick us or our members, is a breach of these Terms and Conditions.
2. Premium Services
When subscribing to a premium Service such as one of our advertising products, you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, The Capitalist Media reserves the right to cancel your subscription.
Your Service includes emails from the service, which include trades or recommendations, recent actionable investing guidance, and other important stock news. There is no opt out choice available for these emails. Of course, you can always opt-out of our marketing emails on the settings page.
Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per household or email address is allowed at any given point in time. In addition, there is a limit of one trial per person and per email address in any given twelve-month period unless otherwise stated in the offer.
If you don’t cancel your subscription within the trial or introductory offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. The Capitalist Media reserves the right to increase a Service’s fees or institute new charges upon reasonable notice. Service fees are due in advance. You may cancel your membership at any time and receive a pro-rated refund by contacting customer support.
From time to time, The Capitalist Media offers its premium services through third party vendors. In such cases, the vendor’s refund policy would apply and may differ from the The Capitalist Media standard policy.
Your membership will automatically renew for the monthly, quarterly, annual or other subscription period you originally signed up for, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us.
You cannot transfer your subscription to someone else, except through your will or by a court order. In the event a subscription is transferred, it will continue through the end of its term and can be renewed at the then-current price and conditions. For assistance in this situation, please contact customer support.
In the event that we terminate a Service, you agree that The Capitalist Media may transfer your subscription to another Service of equal or greater value. Of course, you may cancel your membership to the new Service at any time and receive a pro-rated refund.
Membership to any The Capitalist Media service is for online &/or electronic access only. Certain promotions may offer features that are issued in physical form. Shipping of any goods or service associated with these promotions is limited to the US/APO. Physical fulfillment of goods or services not specifically mentioned in a promotion is at the sole discretion of the The Capitalist Media.
1. Intellectual Property
All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of The Capitalist Media and/or providers of the content under license. By “Content” we mean any information, mode of expression, or other materials and services found on The Capitalist Media. This includes message boards, blogs, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features. You can find out more information on copyright law and the Internet at http://www.templetons.com/brad/copymyths.html.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright 1995-2013 [or whatever the current year is] The Capitalist Media. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without The Capitalist Media prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication.
You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. In plain English, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our premium Services, stock picks and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. Don’t be like the people who take advantage of investors. We’re here to beat the bad guys, not become them.
The Capitalist Media loves strong opinions and open debate among our members. All we ask is that it’s done in a lawful and civil manner. You may not use or allow others to use your Capitalist Media membership to:
Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
Post or transmit any material that you don’t have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post, transmit, or link to sexually explicit material;
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
Offer, sell, or buy any security;
Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
Take any action that damages or disrupts the functioning of our systems or Services.
Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.
Wall Street Vigilante may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership, remove any individual user, or take any action for violating the above (and, if we may say so, sensible) provisions or otherwise taking an action disruptive to a Service. In the event of termination of a premium Service, you will receive a pro-rated refund.
You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify customer service of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.
3. Disclaimer of Warranties and Liabilities
The Capitalist Media provides a very broad range of information and commentary via its Services. Consequently, as a result of the diverse opinions of our staff, a The Capitalist Media Service may, from time to time, take actions or issue recommendations with regard to specific securities that are different from those taken or issued by another Service we provide.
Additionally, we’re not investment advisors and we cannot provide personalized advice. We can’t know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. If you want personal advice, then you should seek a registered investment advisor.
Affiliates of The Capitalist Media provide individualized investment advice and investment products. These companies may recommend or hold securities mentioned in our publications. Editorial personnel have no nonpublic knowledge of our affiliates’ holdings and/or specific recommendations, and the affiliates’ personnel have no knowledge of any editorial content before it is published.
The Capitalist Media may partner with third parties in order to make buying our service’s recommendations easier for you. We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.
The Capitalist Media does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. And although we have the hardest-working, most talented techies in the business, The Capitalist Media makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we’re not making any promises or warranties except that we’ll do our best to provide interesting and helpful information, education, and entertainment. Other than that, we reserve the right to be outlandish, idiotic or even break stuff (of our own, on our own).
This means that you agree that under no circumstances will The Capitalist Media its employees, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering any of our Services.
The whole point of The Capitalist Media is to help you kick the “gurus” to the curb and become your own ultimate investment authority. By your use of our Services, you’re agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The Capitalist Media, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services. The Capitalist Media relies on various sources of information that we believe to be accurate and reliable. But we can’t and won’t take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by The Capitalist Media is to be used on an “as is, with all faults, we’re human and make mistakes sometimes, too” basis.
Obligatory Capitalized Disclaimers of Liability:
NEITHER THE CAPITALIST MEDIA NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by writing to General Counsel, Financial Media, LLC, 1160 Kane Concourse, Bay Harbor Islands, FL 33154
2. Returns and Cancellations
All The Capitalist Media paid products and services come with a “no hassle, no fuss” 14-day money back guarantee. That means that as long as you request a refund within 14 days of your original purchase your refund will be issues within the next business day. All other refund requests will be handled on a case-by-case basis, but will always result in a partial refund. Please understand that since our services are results driven we have to respectful of our content providers and their intellectual property.
3. Product Delivery and Access
All Capitalist Media products will be delivered digitally to your email inbox, so please make sure you’ve whitelisted us in your priority inbox. In the case of “The Market X-Ray Newsletter”, your digital newsletter will arrive on the first Friday of every month with an email subject line reading: “Your [month name] edition of the Market X-Ray Newsletter has arrived.”
In the case of “The Inner Circle”, you will receive a welcome email explaining service features in greater detail. Thereafter, you will receive an email reminder every Wednesday for that Wednesday evening’s live session. A live session link will then be delivered to your inbox on every Wednesday for access. In case you are unable to attend the session live, a recording will be delivered the following day into your members area allowing you to access the recorded session. You will also receive, shortly after your welcome email, an encrypted password and login to the “The Inner Circle” members area, where you can access past sessions.
In the case of “Master Options My Way”, you will receive a welcome email explaining service features in greater detail. Thereafter, you will receive an email notification each week, when the new options trades have been uploaded to the members area. Keep in mind that since this service is dependent on market movements and fluctuations, it will not always be available on the same day of the week or every single week. We will, however, make every effort to keep the delivery day as consistent as possible. You will also receive an encrypted password and login to this members area, as well as, access to prior option plays.
In the case of “The MacroTrend Portfolio”, you will receive a welcome email explaining service features in greater detail. Thereafter, you will receive an email notification each month, when the explaining any additions or subtractions to the portfolio, as well as, access to and explanation of the screening tool. Keep in mind that since this service is a long term growth and asset protection strategy so, outside of the monthly update, updates and changes will be made based on market movements, all of which you will be kept apprised of. We will, however, make every effort to keep the delivery day as consistent as possible. You will also receive an encrypted password and login to this members area, as well as, access to prior portfolio renditions.
4. Everything Else
If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of Florida (except with respect to choice of law).You agree that the proper forum for any claim arising thereunder will be the U.S. District Court for Floria or the appropriate Florida court.
Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions.
Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement.
Please note that certain individual Services may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual Service will control with respect to the Service in question. So please be sure to review any additional terms and conditions with respect to any specific Service that you subscribe to or use.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Capitalist Media and govern your use of our sites.
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