The terms of this Agreement may change at any time and without notice. Your use of The Rational Speculator after changes are made to this Agreement means that you agree to be bound by such changes. You should check the web site frequently to see the most recent Agreement.
Neither Shoreside Advisors, LLC nor any of its members or employees will be liable for any losses or damages claimed from trading in securities including, but not limited to equities, options, futures or options on futures or from any strategies or ideas described on the website.
By providing your email address you consent to The Rational Speculator using the email address to send you service-related notices, including any notice required by law, in lieu of written communication by postal mail. The Rational Speculator may also use your email address to send you other messages, including changes to The Rational Speculator service and offers. If you do not want to receive such email messages, you may opt out by clicking the “unsubscribe” link in the bottom of every email message. You can also unsubscribe by sending an email message to firstname.lastname@example.org with the word “Unsubscribe” in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
The Rational Speculator members agree to pay the membership fees and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. The Rational Speculator will bill all charges automatically to your credit card. Membership fees will be billed at the beginning of your membership or any renewal. Fees and charges for membership services are nonrefundable (subject to applicable law). The Rational Speculator may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you believe someone has accessed The Rational Speculator using your user name and password without your authorization, you must immediately notify The Rational Speculator by using the Contact page.
A 30 day free trial is offered. If you do not cancel your membership within the free trial period, The Rational Speculator will charge the credit card you provided during sign up. You agree to pay the applicable membership fee as set forth on this site. Only new members are eligible for the free trial. If you have previously had a membership to The Rational Speculator you will not be granted a free trial and your card will be charged immediately.
Your membership will renew automatically at the beginning of each membership period, unless you terminate it. You can cancel your membership at any time by accessing your account page. Cancellations take effect as of your next billing date which is noted on the profile setting. As previously stated, fees cannot be refunded or prorated. You must cancel your membership before it renews in order to avoid billing of membership fees for the renewal term to your credit card.
The Rational Speculator takes credit card data security very seriously, and does not have access to your credit card information. The Rational Speculator uses Stripe to securely handle credit card information. Stripe has been audited by an independent PCI Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider. This is the most stringent level of certification available in the payments industry.
The Rational Speculator allows users to post feedback, comments, questions and other information. You are solely responsible for your content that you upload, publish, display, link or otherwise make available and you agree that The Rational Speculator is only acting as a passive conduit for your online distribution and publication of your content. By posting this content, you expressly grant, and you represent and warrant that you have a right to grant, to The Rational Speculator a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content and your name, voice, likeness contained in your content, in whole or in part, and in any form, media or technology, whether now know or hereafter developed for use in connection with The Rational Speculator.
You agree not to post content that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you, to any other person, or to any animal; may create a risk of any other loss or damage to any person or property; may constitute or contribute to a crime or tort; contains information or content that is deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (public or otherwise), libelous, threatening or otherwise objectionable; contains any information or content that is illegal; contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, including without limitation material, non-public information about companies that you are not authorized to disclose; contains any information or content that you know is not correct and current; or contains advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication except as otherwise expressly permitted by The Rational Speculator. You agree that any content that you post does not and will not violate third-party rights of any kind, including without limitation intellectual property rights, rights of publicity and privacy. The Rational Speculator reserves the right, but is not obligated, to reject and/or remove any content that The Rational Speculator believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, intellectual property rights means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
The Rational Speculator takes no responsibility and assumes no liability for any content that you or any other users or third parties post or send over the service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of The Rational Speculator, is solely your responsibility. The Rational Speculator is not responsible for any public display or misuse of your content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree that The Rational Speculator shall not be liable for any damages you allege to incur as a result of such content.
You are solely responsible for you interactions with other The Rational Speculator users. The Rational Speculator reserves the right, but has no obligation, to monitor disputes between you and other users.
Access to members only areas of The Rational Speculator is solely limited to the registered member and is non-transferable to any third party. Only one individual may access The Rational Speculator at the same time using the same user name or password, unless otherwise expressly permitted in writing by The Rational Speculator.
The content available through The Rational Speculator, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music and all intellectual property rights related thereto, is the property of The Rational Speculator or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content for your personal, non-commercial use only. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to the service. The Rational Speculator reserves all rights not expressly granted herein of the service and its content. The Rational Speculator may terminate this license at any time for any reason or no reason.
You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the content to anyone, including, but not limited to your friends or family with the following two exceptions:
– You may occasionally distribute a copy of an article or a portion of an article from The Rational Speculator in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in The Rational Speculator, original source attribution, and the phrase “Used with permission from The RationalSpeculator.com” or “Used with permission from Shoreside Advisors, LLC.” Please contact The Rational Speculator if you need to distribute content from The Rational Speculator to a larger number of individuals, on a regular basis or in any any other manner not expressly permitted by this Agreement. You can make contact via the Contact section of The Rational Speculator website. To request consent for uses of the content and service not expressly permitted by this Agreement, please contact The Rational Speculator at email@example.com.
You agree not to use The Rational Speculator for any unlawful purpose. The Rational Speculator reserves the right to terminate or restrict your access to The Rational Speculator at any time and without notice if, in the opinion of The Rational Speculator, your use of The Rational Speculator may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, The Rational Speculator may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
While using The Rational Speculator, you agree not to
– Restrict or inhibit any other visitor or member from using The Rational Speculator including, without limitation, by means of “hacking” or “cracking” or defacing any portion of The Rational Speculator website;
– Use The Rational Speculator for any unlawful purpose;
– Express or imply that any statements you make are endorsed by The Rational Speculator, without prior written consent;
– Engage in spamming;
– Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
– Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of The Rational Speculator website;
– Remove any copyright, trademark or other proprietary rights notices contained in The Rational Speculator website;
– “Frame” or “mirror” any part of The Rational Speculator website without prior written authorization;
– Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of The Rational Speculator service or its contents;
– Harvest or collect information about visitors to or members of The Rational Speculator without their express consent; or
– Permit anyone without an account or membership to use The Rational Speculator through your membership, user name or password. While using The Rational Speculator you agree to comply with all applicable laws, rules and regulations.
You shall be solely responsible for your own content and the consequences of posting or publishing it. In connection with content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
– You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
– You have the written consent of each and every identifiable natural person in the content to use such person’s name or likeness in the manner contemplated by the service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
– Your content and The Rational Speculator’s use thereof as contemplated by this Agreement and the service will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.
The Rational Speculator may contain links to other internet websites and resources. Shoreside Advisors, LLC neither controls nor endorses such other websites, nor will it review or approve any content that appears on such other websites. If you choose to follow a link to another website, the terms of service and privacy of that website, not of The Rational Speculator, apply. You acknowledge and agree that The Rational Speculator shall not be held responsible for the legality, accuracy, 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 agree that your access to and use of The Rational Speculator and the content available through The Rational Speculator is on an “as-is”, “as available” basis. Shoreside Advisors, LLC and its subsidiaries, affiliates, shareholders, directors, officers, employees, agents, information providers and contributors and licensors specifically disclaim any representation or warranty, express or implied, including, without limitation, any representation or warranty of merchantability, noninfringement or fitness for a particular purpose. Without limiting the foregoing, The Rational Speculator does not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Your use of The Rational Speculator, the materials on the website and any materials provided through the website or other correspondence, electronic or otherwise, are entirely at your risk.
You acknowledge that The Rational Speculator will not be liable to you or any other person as a result of your access or use of The Rational Speculator for indirect, consequential, special, incidental, punitive or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues, whether or not characterized in negligence, tort, contract, or other theory of liability, even if The Rational Speculator has been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.
You agree that the maximum liability of The Rational Speculator for all damages, losses, and causes of action under this agreement shall be the total amount paid by you, if any, for access to The Rational Speculator. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The service is controlled from its facilities in the United States. The Rational Speculator makes no representations that the Service is appropriate or available for use in other locations. Those who access the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Agreement contains the final and entire agreement between you and Shoreside Advisors, LLC regarding your use of The Rational Speculator and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of The Rational Speculator. Shoreside Advisors, LLC may discontinue or change The Rational Speculator, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Wyoming, United States of America applicable to contracts made entirely within Wyoming and wholly performed in Wyoming, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Wyoming. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Rational Speculator’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You agree to indemnify, defend and hold The Rational Speculator and Shoreside Advisors, LLC 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 your breach of this Agreement, including any violation of the code of conduct; any allegation that any materials that you submit to us or transmit to our websites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your activities in connection with the service.
The Rational Speculator may provide notification, whether such notifications are required by law or are for marketing or other business related purposes, to you via email or other electronic notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by The Rational Speculator in our sole discretion. The Rational Speculator reserves the right to determine the form and means of providing notifications to members and users, provided that you may opt out of certain means of notification as described in this Agreement.