Table of Contents
1. Acceptance of Terms
2. Changes to the TOU and Our Services
3. Important Securities Disclaimer
4. Registration and Privacy
5. Subscription Cancellation for Premium Service
6. Subscription Renewal for Premium Service
7. The Investment Doctor’s Proprietary Rights
8. User Conduct
9. User-Generated Content
10. Links to Other Websites and Viral Links
11. Disclaimer of Warranties
12. Limitation of Liability
15. Copyright Infringement
16. Repeat Infringement
18. Legal Notices
Last revised: Oct, 2019
Subject to and in compliance with the terms and conditions set forth herein, The Investment Doctor may provide its users with access via The Investment Doctor Portfolio of Websites to:
The Premium Service and the Free Service are collectively referred to herein as the "Services".
You also understand and agree that the Services may include certain communications from The Investment Doctor, such as service announcements and administrative messages that You may not be able to opt out of receiving.
Current applicable subscription rates for any Premium Service for information regarding subscription rates please contact Your sales representative with any pricing questions) can be found on such Premium Service's offer page or by contacting our Customer Service Department by telephone at 1-206-238-1807 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. PST. An independent contractor who creates content for The Investment Doctor Portfolio of Websites is referred to herein as an "Outside Contributor". Outside Contributors and employees that create content for The Investment Doctor Portfolio of Websites are collectively referred to herein as "Columnists". "User-Generated Content" means content created by our users.
We reserve the right at any time to:
Any changes we make to the TOU will be effective immediately after we post the modified TOU on The Investment Doctor. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Service. You should check our TOU frequently.
The Investment Doctor is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction, investment system or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Services are the authors' own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs, leveraged ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that, although we do not permit our editorial staff to hold positions in securities in individual companies other than securities of The Investment Doctor, LLC, from time to time, one or more Outside Contributors or their affiliates may have a position in the investment or securities written about. In cases where the position is held at the time of publication, Outside Contributors are required to make appropriate disclosure. In addition, Outside Contributors may be subject to certain restrictions on trading for their own account. In addition, certain of The Investment Doctor’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to The Investment Doctor’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content, The Investment Doctor makes no representations regarding Third-Party Content, nor is The Investment Doctor liable for Third-Party Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein 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. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
Certain of the Premium Services are subject to additional disclosures and/or restrictions, as set forth below:
In order to gain access to portions of the Services, You must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
Our policy with respect to the collection and use of Your personal information is set forth in our Privacy.
As a member, You also have certain other obligations relating to Your account:
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE. This Section does not apply to one-time purchases of The Investment Doctor courses, reports, paid coaching sessions, etc. During the free-trial portion of Your subscription, if any, You may cancel Your subscription to the Premium Service at any time and not be billed by notifying our Customer Service Department by telephone at 1-206-238-1807 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. PST. You must cancel one (1) day before the free trial period expires in order to avoid being converted to a paid subscription. Please note:
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE. This Section does not apply to one-time purchases of The Investment Doctor reports. Your subscription will continue for the period referenced during registration (the "Term"), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew Your subscription by calling our Customer Service Department by telephone at 1-206-238-1807 Monday through Friday (excluding Federal Reserve Holidays) between the hours of 9:00 a.m. and 5:00 p.m. PST. You must notify us at least one day before the renewal date in order to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew Your subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number) except via PayPal. If You do not notify us as described above, the then-applicable monthly, periodic or annual fee for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed). Please note, in connection with recurring billing for subscription renewals, You authorize The Investment Doctor to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all of our attorneys' and collection agency fees.
The Services and the content distributed through the Services, with the exception of any User-Generated Content (as defined below) and Third-Party Content, is the property of The Investment Doctor and/or its licensors. You may access and use the content, but not download and/or print out one copy or more copies of any content from the Services. You acknowledge that You do not acquire any ownership rights by using the Services. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to The Investment Doctor, deemed to be property of The Investment Doctor, and by submitting such content You irrevocably assign any and all rights to such content to The Investment Doctor.
Because we host User-Generated Content as a part of portions of the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
"theinvestmentdoctor.com", “The Investment Doctor”, the "theinvestmentdoctor.com Logo", the “The Investment Doctor logo”, and certain other marks used on The Investment Doctor Portfolio of Websites are trademarks and/or service marks of The Investment Doctor. All other trademarks, service marks, and logos used on The Investment Doctor Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.
You may not republish, upload, post, transmit or distribute content available through the Services 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 Services, You agree not to:
You also agree that at all times You will:
Certain areas of The Investment Doctor Portfolio of Websites may allow You to post content that can be accessed and viewed by the public in general. You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of The Investment Doctor Portfolio of Websites are the sole responsibility of the person from whom such content originated. You acknowledge that You, and not The Investment Doctor, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via Services thereof. The Investment Doctor does not control the User-Generated Content and as such, does not guarantee the accuracy, integrity, timeliness or quality of such content. You agree to not post any content that violates the TOU and to post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content.
In order to comment, users must register with a valid email address and select a user name, member name and password. Please see "Registration and Privacy" above for our TOU regarding registering.
The following is an incomplete list of illegal and prohibited uses of Services. The Investment Doctor may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.
You agree not to use The Investment Doctor Services to:
You may post only content owned by You, content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain.
The Investment Doctor expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of The Investment Doctor Portfolio of Websites, You hereby grant, transfer and assign The Investment Doctor, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. The Investment Doctor does not and cannot review all of the User-Generated Content posted by users on the Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to The Investment Doctor. Your use of any User-Generated Content shall be at Your own risk and The Investment Doctor makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. You understand that by using the Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although The Investment Doctor reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.
The Investment Doctor retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, The Investment Doctor has the right to delete any User-Generated Content that The Investment Doctor believes, in its sole discretion, does or may violate the TOU.
You expressly agree that under no circumstances is The Investment Doctor responsible, nor will The Investment Doctor be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by The Investment Doctor or its agents from any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than The Investment Doctor, posted on any of its websites.
Your use of certain features and certain Third-Party Content made available to You by The Investment Doctor may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
Any sweepstakes, contests, and games that are accessible through our websites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, You will become subject to those rules.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through 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.
You are encouraged to link to the Services on any online bulletin board, message board, newsgroup, website or chat room ("Third-Party Site"). If You elect to display links from our websites on a Third-Party Site, You agree that You will comply with The Investment Doctor’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to the website for any reason in our sole and absolute discretion.
The Investment Doctor hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:
Any website that links to The Investment Doctor Portfolio of Websites (a) must not suggest or imply that we are sponsoring or endorsing such website(s)'s product, unless The Investment Doctor has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of The Investment Doctor; and (c) must not display any excerpt of The Investment Doctor content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, is provided "as is" without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, The Investment Doctor, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services,
The Investment Doctor and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. The Investment Doctor and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of The Investment Doctor or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. The Investment Doctor and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that The Investment Doctor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.
Under no circumstances shall The Investment Doctor be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
NEITHER THE INVESTMENT DOCTOR NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH THE INVESTMENT DOCTOR, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED "INDEMNIFICATION" (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless The Investment Doctor our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You use and/or create.
The Investment Doctor reserves the right to restrict, suspend or terminate Your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. The Investment Doctor reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of The Investment Doctor, Your membership in the Premium Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee paid by You.
You may terminate Your user account, user name, member name any associated email address and access to the Services by submitting such termination request to us.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on The Investment Doctor Portfolio of Websites infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, The Investment Doctor, LLC P.O. Box 3171, Redmond, WA 98073: (206) 238-1807; email: [email protected], with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf. Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the Services 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 Services 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 that we provide.
You are responsible for promptly paying all fees associated with Your use or purchase of the Services (the "Fees") at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to The Investment Doctor’s net income) related to the Services (collectively, the "Taxes"). You shall promptly pay all Taxes at the time of purchase. The TOU, together with all The Investment Doctor policies referred to herein, constitutes the entire agreement between You and The Investment Doctor relating to Your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between You and The Investment Doctor are governed by and construed in accordance with the laws of the State of Washington, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and The Investment Doctor agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within King County, Washington, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TOU, other than any action, suit or other proceeding arising from a breach of customer data. You and The Investment Doctor agree that any action, suit or other proceeding arising from a breach of customer data will be submitted to binding arbitration for resolution. Such arbitration shall take place in Seattle (or Redmond, or Bellevue), Washington, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at that time. 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. We reserve the right to require You to sign a non-electronic version of the TOU.
We reserve the right to send electronic communications to You for purposes of legal notices and informing you of changes or additions to the Services.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
For all other notices, please contact us in writing: Legal Department, The Investment Doctor, LLC P.O. Box 3171, Redmond, WA 98073; email: [email protected].