These Terms and Conditions (the “Terms”) apply specifically to Weekend Windfalls (WWF). Due to the unique nature of options selling, they may differ from those that apply to other Weiss Ratings products and services.
Potential results: The ability to (a) earn approximately $1,000 in extra income per week or much more, (b) earn approximately $50,000 per year or multiples thereof, (c) achieve annual average returns that are nearly 100 times better than bank CDs, and (d) do so with a 99.7% success rate, is based on over three years of testing from 1/15/2016 to 7/19/2019 using the Weiss Stock Ratings model, as well as the Weiss Options Model to analyze thousands of stocks and hundreds of thousands of options, assuming a hypothetical investors uses two times minimum required margin (or only half of maximum leverage). If less or no leverage were used, the income achieved would be marginally or significantly smaller. Unexpected sharp declines in financial markets, such as occurred during the Covid-19 crisis of March and April of 2020, can also adversely affect performance.
Although past experience or testing is no guarantee of future performance, we believe these results provide an accurate representation of what is possible. Trading tactics that can further enhance the income and capital preservation of the strategy were not included in the test period but will be included in the Weekend Windfall Service.
Estimated funding requirements: Without a margin account, we estimate that the required cash deposit per contract would be an average of approximately $6,000 for one position and $30,000 for all positions held simultaneously at any given time.
With a margin account using double the required margin (half the maximum leverage), we estimate the cash needed per contract would be less than $2,000 per trade and under $10,000 for all positions held at any given time. As with any investment strategy, the more one invests, the more one can make. For example, in order to collect an average of $500 in premium per trade, we estimate investors would probably need to fund their account with approximately $69,000. In order to collect an average of $1,000 per trade, they would probably need to fund their account with an estimated $138,000. And with larger investments, they could earn proportionately more.
Although past experience or testing is no guarantee of future performance, we believe these results provide an accurate representation of what is possible. Trading tactics that can further enhance the income and capital preservation of the strategy were not included in the test period but will be included in the Weekend Windfall Service. See further description below under “Testing Methodology.”
Refund policy: Each month’s fee is non-refundable. But you can cancel at any time for any reason whatsoever and that’s it. If it’s working for you, great. If not, just let us know and you’ll never have to pay a penny more.
Our promise to you: If recommendations provided in Weekend Windfalls do not give you the opportunity to increase your income by $50,000 after your first 12 months, let us know and you can receive an additional 12 months at no cost.
If you subscribe for one year, the same $50,000 promise applies, Plus, if you’re a yearly member, you also have additional options: If you are dissatisfied with WWF for any reason, let us know and we will give you a credit for the unused balance of your subscription fee. We will then apply that credit to the subscription of another Weiss Ratings service that may better suit your needs.
Automatic renewal: Each month, we will notify you ahead of time, we will give you the opportunity to respond, and unless you tell us not to, we will renew your subscription automatically for an additional month. This way you lock in your deep discount for as long as you remain a member.
If you upgrade to a yearly subscription, the same automatic renewal policy applies on annual basis. Plus, as an annual member, if you wish to remove the benefit of automatic renewal, please notify our Customer Service Department by telephone at (877) 934-7778 Monday through Friday between the hours of 8:30 AM and 5:30 PM EST or directly at [email protected].
If your payment details change, your credit card provider may provide updated card information through a third-party service, and we may use this new information for your future subscription payments ("Account Updater").
Testing Methodology: The ability to achieve the results described are based on three-plus years of modeling and testing as follows: Weiss Ratings database of over 17,000 stocks listed in the U.S. and Canada; elimination of stocks not traded on the NYSE, Nasdaq, Amex, or OTC markets; elimination of stocks with less than 50,000 shares in average daily trading volume or with market capitalizations of less than $50 million; elimination of stocks with Weiss Ratings of “D+” or lower; exclusion of stocks whose trailing 12-month dividend yields are not equal or better than the dividend yield of the S&P 500 for the same period; exclusion of stocks that do not have open interest in their front-month options of at least 2,500 contracts; and other factors; double the required minimum margin.
Other variations of the model were also tested, varying the level of margin and frequency of trading. However, we did not select the model with the highest return. Rather, we chose the one that we felt is easiest for average investors to follow, while providing the best balance of profit potential and reduced risk.
Investors should also recognize that backtesting based on historical data has limitations. For example, it does not include transaction fees. It does not account for the fact that investors don’t always get the prices they expect. Nor is it our intention to follow the model blindly. We will make needed adjustments to adapt to market conditions.
Our backtesting was designed to be rigorous and fair. We feel it provides a good indication of the potential to greatly enhance investment income. However, it is not possible to completely eliminate the benefit of hindsight.
Risk: Any kind of trading can be considered speculative and involves risk of loss. Although our services make every effort to protect your principal, you can lose money. Therefore, they are not for all of your funds. If your goal is exclusively capital preservation, we believe you should invest those funds in conservative investments such as short-term US Treasury securities or equivalent. For more information on prudent investing, see also the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.FINRA.org. Any money you allocate to speculative investments should be strictly the money you can afford to risk without jeopardizing your daily life, and without negatively impacting your plans for education, retirement, or long-term care.
Weiss Ratings is a publisher. Weiss Ratings, LLC (“Weiss Ratings”) is strictly a financial ratings and research publishing firm (a publisher) and does not provide individual investment advice to its subscribers. Weiss Ratings is not an investment adviser, money manager or a registered securities broker/dealer.
Weiss Stock Ratings represent our opinion: The information we publish is based on our ratings, statistical and financial data, plus independent research. Our ratings are the result of data collection and analysis with what we believe to be a sophisticated and rigorous computer model. However, the manner in which we construct that model is based on our view of the world. As such, a stock rating is, ultimately, the expression of our opinion. If we give a particular stock a high ranking, it doesn’t mean that it represents an absolute truth. It means that, in our opinion, the stock has a achieved an excellent balance among the factors we deem to be important, including the relevant risk and reward.
Not personal: Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendations to buy, hold, or sell investments, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person. Such recommendations may only be made by a personal adviser or broker you select.
Our editors and staff will gladly answer your generic questions regarding our service and our recommendations in a factual manner. However, none of the WWF creators, editors, providers, contributors 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. Accordingly, do not attempt to contact them seeking personalized investment advice which they cannot provide.
The views expressed in WWF are the authors’ own opinions. It may contain opinions from time to time with regard to securities or investments in other services, and those opinions may be different from the ones provided in WWF.
Our data sources: Most of the information we publish is derived from primary sources, including the publicly traded companies we cover and government sources. We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure that the information is always accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or recommendations.
Performance Tracking. To help give investors a model to refer to, we will paper trade the same recommendations as made in WWF and periodically report the results. However, the results each subscriber achieves may differ depending on the actual prices paid or received and the commissions paid.
Profit illustrations: Examples of potential performance returns which we cite may sometimes be based on simulated — not actual — trades, assuming entry and exit prices that could have been obtained during regular market conditions. These entry and exit prices calculated do not reflect or include costs of spreads, market delays, or fees and commissions. Similar returns may or may not be actually achieved by subscribers.
While every effort is made to evaluate the actual experience of subscribers, performance figures must be considered hypothetical, and past results are no guarantee of future performance. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. No representation is being made that any account will probably achieve profits or losses similar to those shown.
References to examples of past performance are not intended to provide a total picture of portfolio results. Your results may vary considerably depending on a series of factors, including: (a) when you begin or cease investing, (b) which recommendations you choose to act on, (c) how much money you choose to invest in each recommendation, (d) the specific prices you get, (e) the commissions you pay, (f) the interest income you earn on uninvested funds, and (g) the number and magnitude of losing or winning trades you experience. Past results are not necessarily indicative of future performance.
Privacy Protection and Opt-In Policy: We do not contact customers or viewers unless requested to do so by those individuals requiring or requesting further information from us. For many services, both paid and free, Weiss Ratings requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials sent from Weiss Ratings. And the only people who will receive offers from organizations outside of Weiss Ratings are those who specifically "opt-in" to receive that information. Note that they can choose to "opt-out" of the list at any time.
Registrants are "opted out" of receiving future mailings regarding product updates and promotions by default in the registration process.
Registration and Privacy: In order to gain access to portions of WWF and other Weiss Ratings publications (individually, a “Service” and collectively, 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 WWF registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
As a member, you also have certain other obligations relating to Your account:
Important Disclaimer Regarding the Information We Provide: Weiss Ratings, LLC is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, digital currency, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators of our Services or their affiliates, outside contributors or independent contractors 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. 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.
Independent Contracted Editors: Weiss Ratings, LLC is strictly a publisher of financial information. Neither Weiss Ratings nor any of its affiliated companies are registered investment advisers or broker/dealers. However, at times Weiss Ratings may have agreements with independent editors who are or have acted in their own capacity as an investment adviser or broker outside the scope of their editorial responsibilities with Weiss Ratings. Any business relationship you may enter with an independent editor is not associated, condoned, affiliated or endorsed by Weiss Ratings. Any independent editor acting in the capacity as a registered adviser or broker is OUTSIDE the scope of their agreement and contracted responsibilities with Weiss Ratings.
User Conduct: 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 any other 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 Service, you agree not to:
You also agree that at all times you will:
Intellectual Property: This Service, including but not limited to text, content, photographs, video, audio, and graphics is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Service. You may not use the Service for any illegal purpose or in any manner inconsistent with these Terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Weiss Ratings. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Weiss Ratings and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Weiss Ratings and such others. You agree to protect the proprietary rights of Weiss Ratings and all others having rights in the Service during and after the term of this Agreement and to comply with all reasonable written requests made by Weiss Ratings or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Weiss Ratings in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
Restrictions on use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Service, except that you may download or make one print copy of this Service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included on Weissratings.com may not be recirculated, redistributed or published without prior written consent from Weiss Ratings. Modification of the Service's content is a violation of Weiss Ratings copyright. No part of this Service may be offered for sale or distributed.
Use of testimonials: The performance experienced by a subscriber as described in user comments and/or testimonials in any of our promotional advertising or on our website is not necessarily reflective of what you should expect to experience. Although Weiss Ratings accepts the testimonials in good faith, it has not independently examined the business records of any of the users and therefore has not verified any specific figures or results quoted therein. These results may not be typical, and your performance, if any, will vary depending upon many factors which include, but are not limited to, how closely you follow the recommendations, the price you paid/received, and commissions paid. There is also risk you will not make any money at all or could even lose money. In the event that a customer does not provide us with a usable picture or video/audio of themselves, the testimony presented are Actual Testimonials from our Customers but may be a represented by a stock photo or recorded by a third party. Testimonials may be edited for clarity or brevity. No one has been paid to share their stories.
Links to other websites: Your use of certain services made available to you by Weiss Ratings 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 service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for Your use. In the event that any service or tool is provided by a third party, such service 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 services and tools is solely at Your own risk.
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, 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.
Third-party content: Certain areas of Weiss Ratings publications and/or websites may feature “Outside Content,” which is content identified as or attributed to a party other than us, including without limitation articles licensed to us and third-party advertisements. You understand that Outside Content (information, advertisements, articles, data, text, images, hyperlinks to non-Weiss Ratings sites or other materials) displayed on Weiss Ratings publications and/or websites are the sole responsibility of the person or entity who created such content. You acknowledge that Weiss Ratings is not the creator of Outside Content and, as such, Weiss Ratings does not guarantee the accuracy, integrity or quality of such content.
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with these Terms. Should you choose to download content from the Service, you must do so in accordance with the Terms. Such download is licensed to you by Weiss Ratings only for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.
Rights reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Weiss Ratings, at all times be and remain the sole and exclusive property of Weiss Ratings. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Weiss Ratings for its exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Weiss Ratings or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Weiss Ratings prior written approval.
Copyright/Trademarks: The entire contents of Weissratings.com and related website (the “Sites”), including the Materials, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Weiss Ratings owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks on the Sites are the service and trademarks of Weiss Ratings or affiliated companies. Without Weiss Ratings prior written permission, you shall not display, reproduce, or use, in any manner any such marks; nevertheless, all goodwill associated with any use by you thereof will inure exclusively to Weiss Ratings or their respective owners. The Materials may not be copied, reproduced, or distributed in any way, in whole or in part, without the express prior written permission of Weiss Ratings, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
PERSONAL USE LICENSE:
“Personal Use” shall mean Use of the Material for your customary personal purposes. "Personal Use" shall not mean any distribution for commercial purposes whatsoever of the Material or any component or Derivative Work thereof. “Personal Use” shall not include any Use of the Materials Products by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use of the Digital Downloadable Products.
This License is subject to Weiss Ratings Terms of Service. There is no warranty, express or implied, with the purchase of the Materials, including with respect to fitness for a particular purpose. Weiss Ratings will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the Materials.
User Submissions: You may submit editorial requests, creative suggestions, ideas, notes, concepts, information, feedback, testimonials or other materials (collectively, “User Submissions”) to Weiss Ratings through a variety of media, including without limitation through e-mail or online submissions. You grant us, including any of our assignees, a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual and 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 User Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. By providing a User Submission, you also acknowledge that the User Submission may be posted online or otherwise reproduced by Weiss Ratings, and waive any privacy or publicity rights you may have relating to the User Submission or use of your name or identity in conjunction therewith.
Weiss Ratings may, at its sole discretion, remove or prevent access to, in whole or in part, any online User Submission, for any reason or no reason, including any material it deems in violation of its standards. The disclaimers applicable to Outside Content (see above Third-party Content Paragraph) apply to User Submissions.
By submitting your name, you allow Weiss Ratings to publish your comment/testimonial and you also state that:
You shall not alter or make any changes or additions to any material obtained from Weiss Ratings.
You shall not provide third parties with direct access to Weiss Ratings Services or Materials so that the third parties may use the Services or Materials directly.
You shall not co-brand or alter any trademarks or copyrights.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or by Weiss Ratings without the prior written consent of Weiss Ratings.
For the purpose of this Agreement, "derivative work" shall mean any change to the Documentation or any new document that contains any portion of the Documentation.
Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Weiss Ratings makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Weiss Ratings does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Weiss Ratings, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Weiss Ratings, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Weiss Ratings by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
The content of other Web sites, services, resources, goods or advertisements (including those for which Weiss Ratings may receive compensation) that may be linked to the Service is not maintained or controlled by Weiss Ratings. Weiss Ratings is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Weiss Ratings does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. Weiss Ratings is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Weiss Ratings and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms. You acknowledge that the Service is provided for information purposes only and is not intended for trading purposes. Weiss Ratings does not guarantee the sequence, accuracy, completeness or timeliness of the Service and the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Weiss Ratings is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Weiss Ratings, its officers and employees, partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WEISS RATINGS, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A WEISS RATINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Weiss Ratings total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing the Services.
Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless Weiss Ratings, and its employees, representatives, suppliers, and agents, against any claim, suit, action, or other proceeding brought against Weiss Ratings, its employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Weiss Ratings, its employees, representatives, suppliers, and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer's use of the Service; a violation of the terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Termination of Terms: Either you or Weiss Ratings may terminate the Terms at will, at any time and effective immediately. You may terminate the Terms by discontinuing use of the Service and destroying all materials obtained from the Service. These Terms will terminate immediately without notice from Weiss Ratings if you, in Weiss Ratings sole discretion, fail to comply with any provision of these Terms. Upon termination by you or upon notice of termination by Weiss Ratings, you must destroy promptly all materials obtained from the Service and any copies thereof.
Governing law: This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Palm Beach County in the State of Florida with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms of service.
Accessing Weiss Ratings Outside the United States: Weiss Ratings does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.
Miscellaneous: 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 accept that Weiss Ratings has the right to change the content or functionality of any aspect of the Service at any time at Weiss Ratings’ sole discretion. You further accept that such changes may result in your being unable to access some or all Services.
Severability of Terms: If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Changes to the Terms and Conditions and Use of Our Services: We reserve the right at any time to:
Any changes we make to the use of our Service will be effective immediately after we post the modified Use of Service on our Sites. In the event that you have the Use of Service cached on your browser, the Use Of Service that applies to you is the most recent version of the Use of Service that appears on a non-cached browser. In addition, if a Service is added or removed, or the terms of their engagement have changed, the Use of Service may be modified with respect to such Service. You should check the Use of Our Service frequently.
Agreement in entirety: These Terms are the entire agreement between you and Weiss Ratings.
ACKNOWLEDGEMENT AND AGREEMENT
Notwithstanding any other agreement or other communications between Weiss Ratings and you to the contrary, receipt or use of any material provided by Weiss Ratings, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.
Acceptance of Terms and Conditions of Service: You represent that you have read and agree to be bound by the terms and conditions of service of Weiss Ratings. You further agree to comply with U.S. law regarding the transmission of any data obtained from the Services (as defined herein) in accordance with the terms, not to use the Services for illegal purposes, and not to interfere or disrupt networks connected to the Services.