This TERMS OF SERVICE was LAST UPDATED on January 10, 2012.
ARBITRAGE PORTFOLIO reserves the right to change this Agreement from time to time, for any reason, which changes ARBITRAGE PORTFOLIO may provide to you by any reasonable means, including without limitation by posting the new version of this Agreement on the Service. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into this Agreement.
1. Restrictions on Use
General the Service is a computer online service. It is accessible to you through a personal computer, or other access device at the domain arbitrageportfolio.net using a communications connection (e.g., internet service provider). As part of the Service, you will be provided with services that may include, without limitation, data, information, editorial content, links to other web sites and other computer services that ARBITRAGE PORTFOLIO may decide to offer, subject to the terms hereof. ARBITRAGE PORTFOLIO may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User’s right to use all or part of the Service, at any time in ARBITRAGE PORTFOLIO’S sole discretion and without prior notice or liability. You are responsible for all charges (e.g. internet service provider) associated with connecting to the Service. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by ARBITRAGE PORTFOLIO and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by ARBITRAGE PORTFOLIO and/or its suppliers and licensors. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software (“Material”). In the event that you download Material from the Service, such Material is licensed to you by ARBITRAGE PORTFOLIO and ARBITRAGE PORTFOLIO does not transfer title to any such Material to you.
2. Rules for Use of the Service
3. How Our Service Works
ARBITRAGE PORTFOLIO provides users with access to a rich collection of resources related to financial and business topics, financial tools for analysis (the “Content”). Some of our Content requires users to be registered and other Content requires users to pay a fee which could be billed either in regular increments (e.g. monthly or yearly) or on a pay-per-use basis. You understand and agree that the Service may include certain communications from ARBITRAGE PORTFOLIO, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided “AS-IS” and that ARBITRAGE PORTFOLIO assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. Account Access; Identity Protection
5. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. Customer Support
All customer support for the Service will be conducted solely online and/or via email at [email protected]
ARBITRAGE PORTFOLIO is pleased to hear from users and welcomes your comments regarding ARBITRAGE PORTFOLIO’s programs and services. ARBITRAGE PORTFOLIO’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by ARBITRAGE PORTFOLIO ‘s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), they shall be deemed, and shall remain, the property of ARBITRAGE PORTFOLIO, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to ARBITRAGE PORTFOLIO. Disclosure, submission, or offer of any Comments shall constitute an assignment to ARBITRAGE PORTFOLIO of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. ARBITRAGE PORTFOLIO may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to ARBITRAGE PORTFOLIO and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. ARBITRAGE PORTFOLIO is and shall be under no obligation to: (1) maintain any of your or any user’s Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user’s Comments.
8. Disclaimer of Warranties
ARBITRAGE PORTFOLIO HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. ARBITRAGE PORTFOLIO, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS DO NOT OPERATE,OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARBITRAGE PORTFOLIO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ARBITRAGE PORTFOLIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED,OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARBITRAGE PORTFOLIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOURUSE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. DATA PROVIDED ON THE SERVICE MAY BE DELAYED AS SPECIFIED BY FINANCIAL EXCHANGES INFORMATION PROVIDERS. ARBITRAGE PORTFOLIO FURNISHES THE INFORMATION AVAILABLE ON THE SERVICE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION. ARBITRAGE PORTFOLIO AND ITS VENDORS BELIEVE THEIR DATA ANDTEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
9. Limitation of Liability
IN NO EVENT SHALL ARBITRAGE PORTFOLIO, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, ARBITRAGE PORTFOLIO’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARBITRAGE PORTFOLIO, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ARBITRAGE PORTFOLIO,ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify and hold harmless ARBITRAGE PORTFOLIO, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
ARBITRAGE PORTFOLIO, the ARBITRAGE PORTFOLIO images, phrase, names, designs and logo, are property of IRP Investment Corporation, Inc. All other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of ARBITRAGE PORTFOLIO or the owner of such trademark, service mark or trade name.
ARBITRAGE PORTFOLIO is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians who wish to allow their children access to the Site should assist them in selecting appropriate Content and supervise their access to the Site. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as your child’s legal guardian, it is your responsibility, not the responsibility of ARBITRAGE PORTFOLIO, to determine whether any portion of the Site, or any site linked from the Site, is appropriate for your child. Child Online Protection Act Notification Pursuant to 47 U.S.C. Section 230(d) as amended, ARBITRAGE PORTFOLIO hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
13. ARBITRAGE PORTFOLIO’s Proprietary Rights
You acknowledge and agree that the Service, the Materials, the Content and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ARBITRAGE PORTFOLIO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ARBITRAGE PORTFOLIO grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ARBITRAGE PORTFOLIO for use in accessing the Service.
14. Modification to the Terms of Service
ARBITRAGE PORTFOLIO reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service without notice. The Service may provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Please review this Agreement from time to time so that you will be apprised of any changes. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
15. Third Party Applications, Websites and Advertisers
Your access to or use of the Service may require your use of a media player or other application that is not provided by ARBITRAGE PORTFOLIO. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. PLEASE NOTE THAT ARBITRAGE PORTFOLIO IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF SUCH THIRD PARTY APPLICATIONS.
16. Rules for Forums, Comments, Blogs, Social Media & Other User-Supplied Material
Portions of the Service may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Service or others (“Post” or “Postings”). Postings do not reflect the views of ARBITRAGE PORTFOLIO, its parent or subsidiary companies, its affiliates or their respective officers, directors, employees or agents, and ARBITRAGE PORTFOLIO does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in this Agreement, ARBITRAGE PORTFOLIO should not be seen as endorsing any Post in any way. ARBITRAGE PORTFOLIO, its parent company, and their respective officers, directors, employees, subsidiaries and/or affiliates shall not be liable for any Posting that is in violation of this Agreement.
You acknowledge that anything you submit to the Service by way of any Posting is routed through ARBITRAGE PORTFOLIO ‘s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on the Service are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards, forums, chat rooms or comments (collectively, “Forums”), that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. As set forth in this Agreement, users of Forums must follow acceptable standards of behavior when posting messages online. Users under the age of 18 may not submit Postings to any Forums.
If a Posting originates from you or your account, you hereby agree not to post any materials that (1) interfere with anyone else’s use of the Service; (2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright, trademark or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on the Service or any subsite within the Service.
The Forums provided on the Service are for the purpose of exchanging views and information about television programming. ARBITRAGE PORTFOLIO reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials for any reason whatsoever, in its sole discretion. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although ARBITRAGE PORTFOLIO may from time to time monitor or review Forums, bulletin boards, discussions, postings, transmissions, and the like on the Service, ARBITRAGE PORTFOLIO is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. ARBITRAGE PORTFOLIO may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate ARBITRAGE PORTFOLIO’s policies in any way. Further, ARBITRAGE PORTFOLIO reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. ARBITRAGE PORTFOLIO will fully cooperate with any law enforcement authorities or court order requesting or directing ARBITRAGE PORTFOLIO to disclose the identity of anyone posting such materials. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you submit a posting to the Forums on the Service, you hereby agree to the following: By submitting a Posting, you grant ARBITRAGEPORTFOLIO.net a non-exclusive perpetual worldwide license to such Posting, and that ARBITRAGE PORTFOLIO shall have the right to use all or any portion of such Posting in all media now known or hereafter devised, worldwide, in perpetuity, as determined by ARBITRAGE PORTFOLIO in its sole discretion. You represent and warrant that you are at least 18 years old. You agree at all times to abide by the Forums’ Rules, and acknowledge that failure to do so may lead to the suspension of your ability to post to the Forums.
17. NO INVESTMENT ADVICE OR PROFESSIONAL ADVICE
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND AND HEREBY AGREE THAT THE SERVICE AND ARBITRAGE PORTFOLIO DO NOT RECOMMEND ANY SECURITY, FINANCIAL PRODUCT OR INSTRUMENT, NOR DOES ANY MENTION OF A PARTICULAR SECURITY ON THE SERVICE CONSTITUTE A RECOMMENDATION TO BUY, SELL, OR HOLD THAT OR ANY OTHER SECURITY, FINANCIAL PRODUCT OR INVESTMENT DISCUSSED HEREIN. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT NEITHER THE SERVICE NOR ARBITRAGE PORTFOLIO PROVIDE TAX, LEGAL OR INVESTMENT ADVICE. YOU FURTHER UNDERSTAND AND HEREBY AGREE THAT THE SERVICE AND ARBITRAGE PORTFOLIO DO NOT OFFER OR PROVIDE ANY INVESTMENT ADVICE OR OPINION REGARDING THE NATURE, POTENTIAL, VALUE, SUITABILITY OR PROFITABILITY OF ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. YOU HEREBY AGREE THAT ANY INVESTMENT DECISIONS YOU MAKE WILL BE BASED SOLELY ON YOUR EVALUATION OF YOUR FINANCIAL CIRCUMSTANCES, INVESTMENT OBJECTIVES, RISK TOLERANCE, FINANCIAL CONDITION, AND LIQUIDITY NEEDS. ARBITRAGE PORTFOLIO SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED VIA THE SERVICE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION. ANY INFORMATION PROVIDED ON THE SERVICE MAY HAVE BEEN PREVIOUSLY DISSEMINATED AND DOES NOT REFLECT THE OPINIONS OF ARBITRAGE PORTFOLIO, IRP INVESTMENT CORPORATION PARENT COMPANY OR AFFILIATES. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE THE SITE IS NOT INTENDED TO PROVIDE TAX, LEGAL, INSURANCE OR INVESTMENT ADVICE, AND NOTHING ON THE SITE SHOULD BE CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION FOR ANY SECURITY BY SEEKING ALPHA OR ANY THIRD PARTY. YOU ALONE ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, SECURITY OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE, IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. YOU SHOULD CONSULT AN ATTORNEY OR TAX PROFESSIONAL REGARDING YOUR SPECIFIC LEGAL OR TAX SITUATION.
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by ARBITRAGE PORTFOLIO to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of ARBITRAGE PORTFOLIO. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If you believe that any content on the Service (including, without limitation, Postings) violates any of the terms of this Agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. You acknowledges that the provisions of this Agreement are intended to inure to the benefit of entities affiliated with ARBITRAGE PORTFOLIO or licensors of ARBITRAGE PORTFOLIO or any of its affiliated entities as third party beneficiaries of this Agreement, and ARBITRAGE PORTFOLIO, its affiliated companies or its or their licensors will be entitled to enforce such provisions against you.
19. Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the Territory of Puerto Rico in the United States without giving effect to any principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You hereby agree that any disputes arising under or in connection with this Agreement and/or the Service shall be submitted for resolution to federal and state courts in Mayaguez town in the Territory of Puerto Rico, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in the Mayaguez in the Territory of Puerto Rico. The arbitrator’s decision shall be based upon the laws of the Territory of Puerto Rico as set forth in Section 26 above, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in Mayaguez town in the Territory of Puerto Rico shall have such jurisdiction. The foregoing shall not preclude ARBITRAGE PORTFOLIO from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).
21. Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to [email protected]
22. AFFILIATE DISCLAIMER
ALWAYS ASSUME THAT ANY LINKS LEADING YOU TO PRODUCTS OR SERVICES ARE AFFILIATE LINKS. ON WHICH ARBITRAGEPORTFOLIO.NET – IRP INVESTMENT CORPORATION WILL RECEIVE FINANCIAL COMPENSATION.
23. EARNINGS DISCLAIMER AND FORWARD LOOKING STATEMENT
Site reports do not offer GUARANTEE or WARRANTY that employing of the same techniques, ideas, strategies, products or services that are detailed on arbitrageportfolio.net will produce the same results for you. THE LEVEL OF SUCCESS YOU REACH EMPLOYING THESE TECHNIQUES AND IDEAS IS ENTIRELY DEPENDENT UPON YOUR SKILLS, FINANCIAL RESOURCES, MARKETING KNOWLEDGE AND TIME YOU DEVOTE TO BECOMING AN ONLINE SUCCESS. BECAUSE OF THIS, WE CANNOT GUARANTEE YOUR EARNINGS LEVEL NOR DO WE IN ANY WAY WHETHER DIRECTLY OR INDIRECTLY DO SO. All site content is for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
FORWARD LOOKING STATEMENTS:
MATERIALS IN THIS SITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT”, “PROJECT”, “INTEND”, “PLAN”, “BELIEVE”, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR PROMOTIONAL MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. ANY SUCH STATEMENTS ARE CONSIDERED ACURATE AT THE TIME THEY WERE WRITTEN, BUT MAY NO LONGER BE AT THE CURRENT TIME OR IN THE FUTURE AND ARBITRAGEPORTFOLIO.NET DISDAINS ANY DUTY TO UPDATE SAID STATEMENTS.
24. CFTC RULE 4.41
CFTC RULE 4.41HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE OCCURANCE, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
25. Large Potential Risk
You must be aware of the risks and be willing to accept them in order to invest in the financial markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell Financial Instruments. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
All information on this website or any product or software from this website is for informational purposes only and is not intended to provide financial advice. Any statements about profits or income, expressed or implied, does not represent a guarantee. Your actual trading may result in losses as no trading system is guaranteed. You accept full responsibilities for your actions, trades, profit or loss, and agree to hold the Website Owners and any authorized distributors of this information harmless in any and all ways. By using this website and using our product, you fully accept our terms & conditions. All income or results are considered as backtested results, and non-typical. Not all users can achieve this result. Your results will be varied All rights reserved. The use of this system constitutes acceptance of our user agreement. Investing “arbitrage, etc.” involves significant risk of loss and is not suitable for all investors.
Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general market commentary, and do not constitute investment advice. arbitrageportfolio.net is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. Leveraged nature, the possibility exists that you could sustain a total loss of initial margin funds and be required to deposit additional funds to maintain your position. If you fail to meet any margin requirement, your position may be liquidated and you will be responsible for any resulting losses. , you should carefully consider your investment objectives, level of experience and risk (leverage, creditworthiness volatility, etc.) appetite. Most importantly, do not invest money you cannot afford to lose.
26. Contacting arbitrage portfolio regarding TERMS OF SERVICE
If you have any questions about this Site TERMS OF SERVICE, Products or Other Services please contact us at [email protected], or at the address listed below.
IRP Investment Corporation
Hc 04 Box12543
San Germán, Puerto Rico 00683