Saturday, June 30, 2012

Cautionista.com ToU


Cautionista.com Terms of Use and FTC Disclaimer

Cautionista.com website (hereafter known as "Cautionista.com" or "the website") welcomes you to use our highly informational website to your advantage! The access and use of any website is bound by certain Terms and Conditions, and Cautionista.com is not too different in this aspect. Please take the time to read through the following Terms of Use (ToU) before beginning to use the website.


Limitation of Liability Disclaimer:

Cautionista.com website is solely intended for informational and educational purposes. The website is intended to be used only as a source of information regarding various topics, including but not limited to, books and product reviews. Please note that any information provided here-in related to stock market investments or other forms of investments are solely for informational and educational purposes and cannot substitute for professional financial advice. The website does not have the ability to provide personalised service or individual advice. Before you act upon any investment-related information contained in the website, you should always consult a qualified professional regarding your individual financial situation. This is because each individual situation maybe different, and what worked for one person is not guaranteed to work for another.


YOU ALSO FULLY ACKNOWLEDGE AND AGREE THAT -


YOU WILL ACCESS AND USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE, WITH ALL OF ITS CONTENT, IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF THE QUALITY, APPROPRIATENESS, RELIABILITY, COMPLETENESS, ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE OF ANY MATERIAL THAT IS CONTAINED IN THE WEBSITE.


Cautionista.com MAKES NO WARRANTY THAT:

  • ANY OPINION, ADVICE, STATEMENT OR CONTENT IN THE WEBSITE IS ACCURATE, APPROPRIATE OR RELIABLE; 
  • THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE; 
  • THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR WITH ANY SERVICE-LEVEL OR AVAILABILITY-LEVEL GUARANTEE.





THE WEBSITE DOES NOT ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY ERRORS, OMISSIONS, INACCURACIES OR INAPPROPRIATENESS OF ITS CONTENT.


ANY WEBPAGE OR OTHER MATERIAL OR DATA THAT IS DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USAGE OF THE WEBSITE IS DEEMED COMPLETELY AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM OR INFORMATION-TECHNOLOGY APPARATUS OR NETWORK THAT MAY RESULT FROM THE ACCESS OR DOWNLOAD OF SUCH MATERIAL. Cautionista.com RECOMMENDS, ONCE AGAIN SOLELY AT YOUR OWN RISK AND DISCRETION, THE USE OF A COMPLETE SUITE OF INTERNET SECURITY SOFTWARE TO PREVENT ANY VIRUS, WORM OR OTHER MALWARE FROM AFFECTING YOUR SYSTEMS.


UNDER NO CIRCUMSTANCES CAN THE WEBSITE BE HELD LIABLE TO YOU FOR DAMAGES SUFFERED BY YOU OF ANY KIND (DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, DERIVED, EXEMPLARY DAMAGES), INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, PROFITS, DISRUPTION OF RESOURCES, GOODWILL, USE, IRRESPECTIVE OF WHETHER OR NOT THE WESBITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE ACCESS, DOWNLOAD AND USE OF, OR THE INABILITY TO ACCESS, DOWNLOAD AND USE, THE WEBSITE OR THAT RESULTED FROM ANY ACTION THAT WAS TAKEN IN RESPONSE TO ANY SUGGESTION OR INFORMATION CONTAINED IN THE WEBSITE.




Please note that Cautionista.com does not offer an investment advisory service.We are not a registered investment advisor or a broker. Cautionista.com does not intend to provide any suggestions on which stocks and securities our visitors should engage in buying or selling for themselves. Cautionista.com may hold positions in the stocks, options or other securities in the industries that are discussed in this website. By accessing this website, you hereby understand and acknowledge the fact that there is an extremely high degree of risk associated with trading in securities. Cautionista.com assumes no responsibility or liability for your investment or trading performance or results. Any factual statements that appear on Cautionista.com are based on our knowledge as on the date of the publication of those statements, and are subject to change without notice. The readers of Cautionista.com should not assume that any of the techniques, ideas, methods, or indicators presented on Cautionista.com will be profitable to the readers or that they will not result in significant losses to the readers.


Past results of any individual trader or any trading system or techniques published on Cautionista.com are not indicative of future returns by that trader or trading system or techniques, and are not indicative of future returns which may be realized by you the reader.


Any article, ideas, strategies, techniques or any other features of Cautionista.com are provided strictly for informational and educational purposes only and should not be considered as investment advice. Any real or fictitious examples that are presented on Cautionista.com are for informational and educational purposes only. Such examples are not solicitations of any order to buy or sell securities or any services mentioned on
Cautionista.com. You should not rely solely on the content of Cautionista.com in making any investment or trade or subscription. Instead, you should use the information presented on Cautionista.com only as a starting point for doing your own thorough and independent research in order for you to arrive at your own opinion regarding trades or investments or services. You should always consult with your licensed financial advisor and tax advisor to find out if a particular investment or trade or service is suitable for you.




Copyright, Trademarks and Servicemarks:



All of the material used and displayed on the website, including, but not limited to logos, servicemarks, trademarks, text, pieces of code, software, graphics, artworks and illustrations, are the property of Cautionista.com and are protected by copyrights, servicemarks, trademarks, and other relevant laws. Any such content may be viewed, downloaded and printed from the website, but solely for your personal and non-commercial use.


You may never modify, publish, distribute, reproduce, translate, create derived content or sell any such material that is the property of the website, in whole or in part, without the express written permission of Cautionista.com.


You may find some Trademarks and Servicemarks of other organizations or companies in the website. Those are properties of those organizations or companies, irrespective of whether Cautionista.com is affiliated with those companies or organizations.


Policy and Guidelines for Linking:


Linking to Cautionista.com:


Cautionista.com takes pride in our content. Please feel free to create links to any part of the website. You may make use of any number of links to the website, so long as the following requirements are met:

  1. You should not mention or state explicitly or implicitly that Cautionista.com is affiliated with or endorses your website or newsletter or other products or services in any way, unless you obtain written permission from us allowing you to do so. Even if you obtained such permission, we reserve the right to unconditionally revoke such permission at any time without providing you with any reason. You should then immediately remove any references to our endorsement or affiliation from your end.
  2. You may not collect any charges or fees from your users for accessing Cautionista.com



Cautionista.com reserves the right to respond or restrict the links from other websites by any method that is current or future. You do not acquire any form of ownership or access or usage rights to any of the content of the website, by linking to the content.


Links that appear on Cautionista.com to external websites or resources:


Occasionally, you may find links to other websites or helpful resources on Cautionista.com. You understand that we do not have any control over those websites or resources and you agree that Cautionista.com is neither responsible nor liable for the accuracy, appropriateness or reliability of any information, product or services at such other websites or resources. You hereby understand and agree that Cautionista.com is not responsible for any losses and damages that result from the use of such information, resources, products or services. We treat these external links as any other material present on the website, and hereby extend the liability clause mentioned above in capital letters and you hereby agree to adhere to the same.


Advertisers on Cautionista.com:

You hereby agree that any personal or business-level correspondence or dealings or transactions with advertisers found anywhere on the website, are solely between you and the advertiser. Cautionista.com does not endorse or recommend the products or services presented or offered by any advertising company or organization or individual  that appear anywhere on our website. You agree that Cautionista.com is not responsible or liable for any losses and damages caused by such dealings or in connection with the presence of advertisers on this website. We treat the advertisers as any other material present on the website, and hereby extend the liability clause mentioned above in capital letters and you hereby agree to adhere to the same.


Privacy Policy:

You hereby agree that you have read and are in agreement with our Privacy Policy.


Content Contribution or Feedback from users:

Except as otherwise expressly stated in the Privacy Policy of the website, any material you provide and submit to the website, including but not limited to suggestion of content, feedback, is, and will be treated as, non-confidential and non-proprietary. You hereby agree that for any such material that you submit, you willingly and automatically grant Cautionista.com the right to freely use, publish, edit, modify, create copies, translate, distribute, create derived content, or profit from that material.




FTC Disclaimer



The Federal Trade Commission (FTC) has issued new rules that go into effect from December 1, 2009. These rules state that product reviewers on websites such as Cautionista.com must disclose whether they received samples of the review products for free or whether they received cash or in-kind payment for such reviews.


Disclosure of Compensation 


We have provided this Disclosure of Compensation for your protection, as well as to completely disclose any relationship between any product or service recommendations of this website and the owners or providers of those product or services. Regardless of this disclosure, it is always recommended that before you purchase or subscribe to any product or service on the internet, you must conduct your own detailed research and practise due diligence.


This website is required by the FTC to make you aware that a relationship exists between this website and some of the products or services it endorses, reviews, recommends, promotes or simply links to.


A. Material Affiliation.


Unless we state otherwise, it's advisable for the reader to assume that any mention of a product or service on this website is made because there exists a material connection between the makers of product or providers of the service and this website. Some of the material connections maybe direct and some maybe indirect via a third party. It should be understood by the reader that any recommendation or endorsement made by this website for any product or service has been done so in good faith. These recommendations are based on the fact we have either tried the product or service ourselves or that we have conducted extensive research about them and hence in a position to provide the reader with an honest opinion about the usefulness or advantages of the said product or service. In general, when you come across any website making a recommendation of a product or service, it's advisable to assume the possibility of a material connection with the makers of those products or providers of those services.


B. Product or Service Partiality.


In the previous paragraph, we talked about a material connection between this website and the makers of the products or providers of services recommended here, due to which it must be understood that a bias for those very same products or services might exist. This bias, although based on facts, is possible to have developed due to compensation for such endorsements from the owners of those products or services, although every effort has been made by us to provide accurate and legitimate opinions of such products or services.


In spite of the fact that this website has, or will receive compensation from makers of the products or providers of the services, it should be understood that a relationship does exist between the two, hence there does exist, whether explicit or not, the potential for a material connection between the product or service owner and this website. Before entering into any binding agreement or purchasing any product or service recommended by this website, it is advisable to understand the possibility of partiality of this website due to possible compensation from the makers of products or providers of services that are recommended on this website. We strongly recommend that you must perform your own extensive research and exercise due diligence before purchasing products or services from this or any other website.


C. Forms of Compensation.


This website may receive compensation for recommendations made for the products or services over here. This may be in the form of cash, services, complimentary products or any other form, and could occur without any form of action from you, the website visitor. Should you purchase a product or service that was recommended by this website, it is understood that some form of compensation might be provided to us. As an example, if you click on an affiliate link anywhere on this website and then make a purchase of the recommended product or service, we may receive compensation.


This Compensation disclosure statement has been provided to inform you of the possibility that a material connection could exist between a product or service mentioned, reviewed or recommended by this website and the product or service owner, and that compensation to the website owner may be credited should you purchase such product or service. This website has made every effort to provide true and accurate statements with respect to to any and all products or services mentioned, reviewed or recommended by this website. Should you have any questions, comments or concerns and would like to clarify or ask a question prior to purchasing any product or service mentioned on this website you should contact the website owner directly using the Contact Us link on the website.


The main purpose of this FTC disclaimer is to make you, our beloved reader, aware of general compensation practises used by websites, and specifically how it applies to Cautionista.com website.


Violations:

Please feel free to report any violations of the ToU using the Contact Us link on the website.


Important Note regarding updates to the ToU:

Cautionista.com reserves the right to make changes to these ToU at any time without any notification to you, the user. It is upto you to check for any and every updates in the ToU and make the appropriate decision whether to continue the use of the website. As mentioned above, you agree to accept and be bound by our ToU and our Privacy Policy, when you browse to, or access, or use the website at any time.


Please feel free to let us know of any errors, omissions or expired or broken links in the website, via the Contact Us link, with as detailed description of the problem as you feel appropriate.


You agree to accept and be bound by our ToU and our Privacy Policywhen you browse to, or access, or use the website. At any time, if you feel you do not wish to be bound by our ToU, or our Privacy Policy, please discontinue browsing to, or access, or use of the website.