THIS AGREEMENT WAS LAST UPDATED ON September 12th, 2009.
PLEASE SCROLL DOWN AND READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES OR BECOME A MEMBER OF PeakProsperity.com.
2. Legal Disclaimer. CMAL, LLC is a content provider and publisher and is not a registered broker-dealer or licensed financial advisor. By using the PeakProsperity.com products and services, including without limitation any and all content available on or through the Service, you understand and agree that the material provided in PeakProsperity.com products and services is for informational, educational or entertainment purposes only, and that no mention of a particular security in any PeakProsperity.com product or service constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand and agree that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any PeakProsperity.com product or service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand and agree that any PeakProsperity.com product or service may contain opinions from time to time with regard to securities mentioned in other PeakProsperity.com products or services, and that those opinions may be different from those contained in another PeakProsperity.com product or service. You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made as of the time of publication.
You understand and agree that performance data is supplied by sources believed to be reliable, that the calculations in any PeakProsperity.com publication or service are made using such data, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be accurate or complete.
When U.S. exchanges are open, stock and fund quotes are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the most recent day of trading.
BEFORE SELLING OR BUYING ANY STOCK OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
3. Registration. In order to access certain features of the Service, you will have to become a citizen of PeakProsperity.com by subscribing and creating a PeakProsperity.com account. When you create your account, you must provide accurate and complete information, and keep that information up to date. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. Further, you are responsible for any fees or charges incurred to your account by accessing PeakProsperity.com through an Internet access provider or other third party service. You may never use another user's account without permission.
By providing PeakProsperity.com your email address you consent to our using the email address to send you Service-related notices, including any notice required by law, in lieu of written communication by postal mail. You may unsubscribe to certain email communications at any time by contacting us using our online Contact form, available from a link at the top of every page. We may also use your email address to send you other messages, including changes to PeakProsperity.com features and special offers.
5. Fees and Payments. If (and only if) you choose to go beyond the Free Registration option and subscribe for one of our products or services that require payment, you agree to pay the subscription fees and any other charges incurred in connection with your user name and password for PeakProsperity.com (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Annual fees and charges, and monthly fees once billed, are nonrefundable (subject to applicable law).We 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 PeakProsperity.com using your user name and password without your authorization, you must immediately notify us via email. You can contact us via the "Contact" link located at the top of every page.
PeakProsperity.com will automatically bill you according to your subscription choice upon completion of the subscription form.
We may offer a free trial subscription from time to time. If you don't cancel your subscription within the free trial offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site.
6. Renewal and Cancellation. Your subscription will renew automatically, unless you choose to opt out of the renewal process. You can cancel your renewal subscription at any time by clicking the "My Account" link near the top of any page, scrolling down, and selecting the "opt out" link in the "Membership Autorenewal" section. You will continue to have your subscription until the end of the current period for which the subscription was purchased. As previously stated, fees cannot be refunded or prorated.
7. Code of Conduct. While using any PeakProsperity.com product or service, you agree not to:
8. Limitations on Use. a. Access to the subscriber areas of PeakProsperity.com is solely limited to the registered subscriber and is non-transferable to any third party. Only one individual may access PeakProsperity.com at the same time using the same user name or password, unless otherwise expressly permitted in writing by PeakProsperity.com.
b. The content available through PeakProsperity.com , including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content"), and all intellectual property rights related thereto, is our property or the property of CMAL, LLC or 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 use the Service. PeakProsperity.com reserves all rights in the Service and it’s Content not expressly granted herein. PeakProsperity.com may terminate this license at any time for any reason or no reason. The right to publish written content on the website is not a part of paid subscription benefits, and publication of material created by users is always at the sole discretion of CMAL, LLC.
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 fellow employees, friends or family, with the following two exceptions:
(i) You may occasionally distribute a copy of an article or a portion of an article from PeakProsperity.com 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 PeakProsperity.com, original source attribution, and the phrase "Used with permission from PeakProsperity.com.com" or "Used with permission from CMAL, LLC." Please contact us if you need to distribute content from PeakProsperity.com to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement. You can contact us via the "Contact" link of PeakProsperity.com, located at the bottom of every page.
(ii) You may use our "E-mail To A Friend" service, as it is available, to e-mail an article from PeakProsperity.com to a few individuals, without charge.
c. You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. Without limiting the generality of this Section 8, you agree not to post any Content from PeakProsperity.com to newsgroups, mail lists or electronic bulletin boards, without our written consent.
d. You agree not to use PeakProsperity.com for any unlawful purpose. We reserve the right to terminate or restrict your access to PeakProsperity.com at any time and without notice if, in our opinion, your use of PeakProsperity.com may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we 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.
10. Disclaimers of Warranties and Limitations on Liability. You agree that your access to and use of PeakProsperity.com and the content available through PeakProsperity.com is on an "as-is", "as available" basis. CMAL, LLC and its subsidiaries, affiliates, shareholders, directors, officers, employees, agents, information providers and contributors and licensors (the “PeakProsperity.com parties") 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 PeakProsperity.com parties do 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 PeakProsperity.com products or services, the materials on our web site and any materials provided through our web site are entirely at your own risk. you acknowledge that the PeakProsperity.com parties will not be liable (jointly or severally) to you or any other person as a result of your access or use of PeakProsperity.com for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the PeakProsperity.com parties have 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 the PeakProsperity.com parties for all damages, losses, and causes of action under this agreement shall be the total amount paid by you, if any, for access to any PeakProsperity.com products or services. 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. PeakProsperity.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. General. This Agreement contains the final and entire agreement between you and CMAL, LLC regarding your use of PeakProsperity.com and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of PeakProsperity.com. CMAL, LLC may discontinue or change PeakProsperity.com, 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 Commonwealth of Massachusetts, United States of America applicable to contracts made entirely within Massachusetts and wholly performed in Massachusetts, 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 Massachusetts. 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 our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
12. Indemnification. You agree to indemnify, defend and hold the PeakProsperity.com Parties 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 (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any PeakProsperity.com products or services.