I Prefer Income, LLC (“IPI!” “we,” or “us”) provides its web site, I Prefer Income!, located at https://www.ipreferincome.com/ (together with all other services 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.
2. Changes to the TOU
We reserve the right at any time to: change the terms and conditions of the TOU; change the Site, including eliminating or discontinuing any content or feature of the Site; or Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
3. Monthly Membership Fee
Current monthly membership subscriptions are free. If and when membership fees are charged, the membership plan will be as follows:
A. When user joins, the plan will be free from date of membership to the last day of the month. On the first day of the next month, the member will be charged the monthly fee for the month’s use.
B. When the member cancels their membership in a plan, the plan will continue until the last day of the month. On the last day of the month, the plan will close.
C. If a user signs up for more than 1 plan, all charges will be grouped together and charged in one transaction.
D. No refunds will be paid under normal conditions.
(Please note that current members will not be charged until the user receives a notice of charge and until the user fills out and submits charging information.)
Once a user becomes a member, monthly subscriptions renew automatically each month. Member can cancel their monthly subscription at any time by logging into the database and going to My Account / Profile and canceling the plan(s). Member can also send an email message that specifically requests cancellation to email@example.com.
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 Subscriber’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. User Conduct
Members may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission.
In addition, in connection with your use of the Site and its services (including by sending private messages to other registered users of the Site via your Seeking Alpha direct messaging account), you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site:
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Disable, damage or alter the functioning or appearance of the Site, including the presentation of advertising;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Site;
- Transmit any Content which contains software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
We reserve the right to close, suspend, or limit access to your Subscription, account and/or the Site in the event your use violates such obligations or if, after reasonable inquiry, we are unable to obtain information about you which is required to verify your identity. We may require you to provide additional information or documents to verify your identity, including your date of birth, physical address, taxpayer or other identification number, your physical address, government issued identification document or other information that will allow us to reasonably identify you.
7. 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 Service, 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 SERVICE.
8. 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 SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH IPI!. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE 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 SITE 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 Site, 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 Site; (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 Site.
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 Site. 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.
11. Additional Terms that Apply to IPI! Subscriptions
By subscribing to IPI! subscription products (the “Subscription”), you agree to pay the applicable Subscription fees set forth on the Site. IPI! reserves the right to revise Subscription 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 Subscriptions.
Unless stated otherwise in writing, Subscription fees are nonrefundable.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site 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 Site 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.