LAST UPDATED: Oct 2022
Acceptance of terms through use
Welcome to TheInvestmentDoctor.com (the “Site”), provided by The Investment Doctor, LLC (“us” or “we”). By using this Site or by clicking “I agree” or “I have read and agree to the terms and conditions and private policy of this site” (collectively, “I agree”), you signify your consent to be bound by the terms and conditions provided here and enter into this agreement (“Agreement”) by and between The Investment Doctor, LLC and you, as well as your representatives, agents, heirs, successors and assigns (“you” or “your”).
This Agreement sets forth the terms and conditions of your use of any software (“Software”) or services (“Services”) offered by us on or through the Site, and explains your obligations to us in relation to your use of this Site and of any Products and Services you use or purchase through this Site.
If you do not agree to the terms of this Agreement, please do not use this Site and do not click “I agree”. The terms and conditions of use may change in the future without additional notice, please check this Agreement periodically for changes as we reserve the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this Site or any Products/Software or services offered through this Site will constitutes acceptance of such changes. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and Products/Software and Services offered through this Site and they do not alter in any way the terms or conditions of any other agreement you may have with us. The Company reserves the right to terminate your use of this Site at any time without notice and may do so for any breach of this Agreement.
Minimum Site use age requirement
The Software/Products and Services offered through this Site are limited for use by people who will use the Site exclusively for investment education purposes and may not be used, adopted or construed as financial advice from us. Our content, products and services are not for anyone under the age of 18; regardless whether a parent or guardian wishes to permit a person under 18 to access our Site. If you are under the age of 18, please exit the Site immediately and come back and visit us after your 18th birthday.
Complete and exclusive agreement
This Agreement as well as any additional policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and us concerning your use of our Site, Products and Services, and supersedes all prior proposals, agreements, or other communications. All of our policies and agreements specific to particular Products and Services are incorporated herein and made part of this Agreement by reference. By purchasing or using our Products or Services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which we may establish from time to time’ you may view the latest version of this Agreement online.
Licenses and Site Access
By entering into this Agreement, we are granting you a limited, revocable, non-exclusive, non-transferable and non-assignable limited license for your personal use of the Site in strict compliance of the terms and conditions herein. You acknowledge and agree that all content and services available on this Site are our property and are protected by copyright, trademarks, services marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and foreign jurisdictions. All rights not expressly granted herein are fully reserved by the us, our advertisers and licensors.
This license does not include, without limitation: (a) any resale or commercial use of the Site or any of its content or applications, including any calculators, charts, graphs of other content or functionality (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site or its contents; (d) use of any data mining, spiders, robots or similar data gathering and extraction methods, (e) use of any over-lay advertising or comment software, or (f) use of any spy-ware or ad-ware. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of The Investment Doctor, LLC or any third party.
You may not use, frame or utilize framing, pop-up or other known or to be known techniques to enclose any of our intellectual property, content or other proprietary information (including the images found at this Site) without our express prior written consent. Further, you may not use any meta tags or any other “hidden text” utilizing any of our trademark product names or other Site content, and may not use any of our trademarks as a key word or pay for placement search word, or otherwise. Finally, you may not link your site or any other web page or web site to this Site without our prior written permission. Requests for such permission should be sent to [email protected].
License for Use of Software and Services
This license may be subject to additional terms and conditions of a separate Product or Services licenses from us to you. You agree that you are bound by both this Agreement and any other Product or Services agreements between us.
If you have licensed software from us or if any of our software is part of any of the Services we are providing to you, we grant you a revocable, non-exclusive, non-transferable and non-assignable limited license to use the software for such purposes as are ordinary and customary for software of the kind licensed. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the Software, combine the Software with any other software program, create derivative works based upon the Software, or integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
We reserve all rights to the Software. The Software and any copies you are authorized to make are strictly our property. The source code, object code, screen displays and all text, graphic and other content are our exclusive property and the Software is protected by copyright throughout the world. Except as expressly provided for in this section, this Agreement does not grant you any rights in the Software and all rights are reserved by us. The Investment Doctor, LLC provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Errors and corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of Products and Services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
You are responsible for maintaining the confidentiality of your password and account information. You shall use your best efforts to prevent access to this Site through your username and password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure username and password not easily guessed by a third party. We are in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of your user account or password.
Termination and refund
In the event you terminate your usage, we will not refund any amounts you have paid. You agree that you will be responsible for notifying us should you desire to terminate your use of our Services. Notification of your intent to terminate must be sent by email to [email protected]. Notwithstanding any of these terms and conditions, The Investment Doctor, LLC. reserves the right, without notice and in its sole discretion, to terminate your license to use this Site and to block or prevent future access to and use of this Site.
All Site materials, including but not limited to our logo, Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, source code and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of the material on the Site may be copied, revised, modified, added to, reproduced, distributed, republished, downloaded, displayed, posted or transmitted by you in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission. Permission is granted to display, copy, distribute and download the materials on this Site for your personal, noncommercial and informational use only, provided that you may not, without our permission (a) copy, publish, distribute, or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
The Investment Doctor, LLC, The Investment Doctor.com and associated name, logos and all product names, company names, and other logos are trademarks of The Investment Doctor, LLC. and therefore, may not be copied, imitated or used, in whole or in part, without our prior written permission. The use or misuse of any marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site and its individual pages may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos on the Site are the property of their respective owners.
Forums and Interactive Areas
This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for non-commercial purposes. By accessing and using any forum or interactive areas, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
- Without our written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
We are not responsible and assume no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We reserve the right but not the obligation to remove any materials we deem objectionable.
You shall remain solely liable for the Content of any messages or other information you upload or transmit to the Site, including any discussion forums or interactive areas of this Site. You agree to defend, indemnify, and hold harmless us, our affiliates, subsidiaries advertisers, licensors, and their employees, contractors, officers, agents, directors and owners from all liabilities, claims, and expense, including attorneys’ fees, that arise or is attributable to your use of tis Site, or any Services, information or Products and Software from this Site, or any violation of this Agreement. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to us or postings on this Site, are not confidential and shall become our sole property. We shall own all exclusive rights to your submissions, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment from or compensation to you. The submission of any materials to us, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” of yours in such materials, including the rights of paternity and integrity.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of the site or any information contained therein. When leaving our Site, you should be aware that our terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
In using this Site, you explicit agree to:
- Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites.
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites.
- Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files.
- Not to use or attempt to use another’s account, service or system without authorization from us or create or use a false identity on this Site.
- Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
- Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access
You agree (a) that you are entirely responsible for maintaining the confidentiality of your password and account information, (b) that you are entirely responsible for any and all activities that occur under your account, (c) to notify us. immediately of any unauthorized use of your account or any other breach of security, (d) we will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and (e) that you could be held liable for losses incurred by us or another party due to someone else using your account or password. For security purposes, you should keep account access information in a secure location and take precautions to prevent others from gaining access to your username and password. you agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means.
you agree to maintain accurate information by providing updates to us, as needed, while you are using our Services. you agree you will notify us within ten (10) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by us to determine the validity of information provided by you will constitute a material breach of this Agreement.
Not Intended for Use in Certain Countries and Export Restrictions
This Site is not intended to be available to, or accessed or used by, any person in any jurisdiction where such availability, access or use would be contrary to or restricted by applicable law or regulation. None of the Services or Products referred to in this Site is available to persons resident in any jurisdiction where the provision of such Services or Products would be contrary to or restricted by law or regulation. You are responsible for ensuring that any such laws and regulations are fully complied with before you access or use any information on this Site. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation or local or foreign export laws and/or without all required U.S. and foreign government licenses.
Government use is prohibited.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR AFFILIATES, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY US OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, WE, AND OUR AFFILIATES, ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
WE DO NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY US VIA EMAIL OR OTHER MEANS, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED THROUGH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY NEGLIGENCE OF US, OUR AFFILIATES OR LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS.
WE DISCLAIM ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. Your use of this site is solely at your risk AND YOU agree that YOU HAVE relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL WE, OUR OWNERS, SUBSIDIARIES, AFFILIATES, ADVERTISERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, MAINTAINING OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST CAPITAL, LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. This limitation applies whether the alleged liability is based on contract, tort, negligence, strictly liability, or any other basis, even if WE, OUR advertisers and/or OUR licensors have been advised of the possibility of such damage. NOTWITHSTANDING TO ANYTHING CONTRARY HEREIN, RECOVERY OF ANY CLIAM AGAINST US SHALL BE LIMITED TO THE AGGREGATE FEE YOU PAID TO US FOR THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Georgia without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the appropriate court in King County, WA or the United States District Court for the Western District of Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any provision of these terms and conditions shall be deemed 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. This Site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.