I Prefer Income!
I Prefer Income, LLC (“IPI!” “we,” or “us”) provides its website, I Prefer Income!, located at https://www.ipreferincome.com/, (together with its Database Program(s), operated by or on behalf of I Prefer Income, LLC), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
IPI provides 1 or more Database Programs that users can access to obtain information on specific asset classes and securities within those asset classes. Current and future Programs include; but are not limited to: Preferred Stocks & ETD Securities, REITs, MLP/Midstream and High Yield.
2. Changes to the TOU
We reserve the right at any time to: change the terms and conditions of the TOU; change the Database Program(s), including eliminating or discontinuing any content or feature of the Database Program(s); or impose fees, charges or other conditions for use of the Database Program(s) or parts thereof (with reasonable notice).
3. Current Monthly Membership is Free
Current monthly membership subscriptions are free and will commence on the date that you register and continue until the same day of the following month. Monthly memberships renew automatically each month. Monthly subscribers can cancel their monthly membership(s) at any time by sending an email message that specifically requests cancelation to firstname.lastname@example.org. (Please note that members who cancel by email must receive an email verification from IPI before cancelation takes place). Members can also cancel by logging into the Database Program and your Profile and inactivate program(s) of choice. Monthly membership fees are non-refundable.
If and When Charges Begin
If and when IPI! begins to charge for a membership, here is how the membership works. When a person registers for a membership in a Program, the membership is free until the end of the month. On the first day of the next month (if still active) the member’s credit card will be charged. That pays for access to the Program for the new month. Example, if you register on 8/3, you have free access to the program until 8/31. On 9/1, member’s credit card will be charged. That pays for the month of 9 (September).
Membership and charges will continue that way every month. If member should decide to cancel at some point in the future, go into My Account / Profile / Subscription and inactivate the program of choice. If the member has subscribed to more than 1 Program, they can cancel a specific Program while leaving the other Programs open. The Program(s) that are cancelled will remain open until the last day of the month and will then close without further charge. If you belong to more than 1 program, the other Program(s) will remain active. Please note that there are no refunds as the initial membership period was free.
You can join 1 or all 4 Programs. The process is the same each time you join. If you join one Program on 8/3, it is free until last day of the month and then the charge takes place the first day of the next month. If you then join a 2nd Program on 10/8, it is free until the last day of the month. On 11/1, you will be charged for 2 Programs. It is that simple.
Please note that if a member unsubscribes during the month and then subscribes again within the next 6 months, the member will be charged immediately for the current month. Regular charges will begin on the first day of the next month.
4. Single-User License
This Agreement entitles you (the subscriber) to a single-user license to the service, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and Washington governing contracts wholly entered into and wholly performed within Washington.
5. Copyright and Limitations on use
The information available through the service is the property of I Prefer Income, LLC or its information providers and is protected by copyright and other intellectual property laws. The information provided is for the Member’s use only. You agree not to reproduce, redistribute, retransmit, broadcast or circulate the information received through the service, except where specifically permitted within the website or spreadsheet, without the express prior written consent of I Prefer Income, LLC.
6. Disclaimer of Warranties and Liability
Neither I Prefer Income, LLC nor any of its providers of information make any warranties, express or implied, as to the accuracy of the information or to the results to be obtained from use of the service and make no express or implied warranties as to merchantability, fitness or any other matter for a particular purpose or use. I Prefer Income, LLC shall have no liability to you or to a third party for errors, omissions or malfunctions in the services, other than the obligation to endeavor, upon receipt of notice from you, to correct a malfunction error, or omission in any services.
You accept responsibility for and acknowledge that you exercise your own independent judgment in your selection of the Database Program(s), your selection of the use or intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable law for the protection of investors.
You shall indemnify I Prefer Income, LLC and its suppliers against and hold harmless from any and all losses, damages, liability, costs, including attorney’s fees, resulting directly or indirectly from any claim or demand against I Prefer Income, LLC or its suppliers by a third party arising out of or related to the accuracy or completeness of any Service received by you, or any data, information service, report, analysis or publication derived therefrom. Neither I Prefer Income, LLC nor its suppliers shall be liable from any claim or demand against you by a third party.
IN NO EVENT SHALL I PREFER INCOME, LLC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES. YOU AGREE THAT THE LIABILITY OF I PREFER INCOME, LLC ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR INFORMATION IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO I PREFER INCOME, LLC FOR THE USE OF THE DATABASE PROGRAM(S).
7. Limitation of Liability
NEITHER IPI NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE DATABASE PROGRAM(S) AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH IPI!. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DATABASE PROGRAM(S) IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO IPI! FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE DATABASE PROGRAM OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Database Program(s), you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives 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 violation of the TOU; (b) your use of the Database Program(s); (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Database Program(s).
You understand and agree that I Prefer Income, LLC may, under certain circumstances and without prior notice to you, terminate your access to and use of the Database Program(s). Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
10. Additional Terms that Apply to IPI! Paid Memberships
• By subscribing to IPI! Membership products (the “Membership”), you agree to pay the applicable Membership fees set forth on the IPI Website and Database Program(s). IPI! reserves the right to revise Membership fees upon reasonable notice.
• We remind you that all the rules applicable to setting up an account under Section 6 above (entitled, “User Conduct”) apply to your Subscriptions.
• Unless we notify you in writing otherwise, you are not permitted to share Content available through your Membership.
• Unless stated otherwise in writing, Membership fees are nonrefundable.
The Database Program(s) is directed solely to individuals residing in jurisdictions in which provision of the Database Program(s) content is legal. We make no representation that materials provided on the Database Program(s) are appropriate or available for use in other locations. Those who choose to access the Database Program(s) 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 Database Program(s) 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 or product that we provide.