Thank you for visiting the Invested Alpha™ website located at investedalpha.com (the “Site”). The Site is owned and operated by Economic Media LLC, doing business as Invested Alpha (“Company,” “we,” “our” or “us”). These Invested Alpha Terms and Conditions (“Terms”) include the Invested Alpha Privacy Policy (“Privacy Policy”) and any other operating rules or supplemental terms that we publish and expressly incorporate by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement in its entirety when the User: (a) accesses or uses the Site; (b) accesses or views: (i) links to third-party resources and other information concerning investment opportunities, financial data, analysis or other content (“Third-Party Links”); and/or (ii) text, video or other information concerning investment opportunities, financial data, analysis or other content made available on the Site (“Informational Content,” and together with the Third-Party Links, “Content”); (c) registers to receive the email newsletter (“Email Newsletter”) and/or optional SMS text-based newsletter (“SMS Newsletter,” and together with the Email Newsletter, the “Invested Alpha™ Newsletter”), which may feature third-party products or services, including investment opportunities, securities and other financial products or services (“Third-Party Financial Products”) offered by third-party providers (“Third-Party Service Providers”); and/or (d) uses contact forms or contact information made available on the Site or in the Invested Alpha™ Newsletter to contact or request contact from Invested Alpha™ (“Contact Services,” and together with the Site, Content and Invested Alpha™ Newsletter, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Disclaimer
Company is not registered as a broker-dealer or investment adviser with the U.S. Securities and Exchange Commission or any state securities authority. None of our trading or investing information, including the Content and Invested Alpha™ Newsletter (collectively, “Information”), provides individualized trading, investment, legal or tax advice and it should not be construed as such.
We publish Information regarding certain stocks, options, futures, bonds, derivatives, commodities, currencies and/or other securities (collectively, “Securities”) that we believe may interest our Users. The Information is provided for information purposes only, and Company is not engaged in rendering investment advice or providing investment-related recommendations, nor does Company solicit the purchase or sale of, or offer any, Securities featured by and/or through the Site Offerings and nothing we do and no element of the Site Offerings should be construed as such. Without limiting the foregoing, the Information is not intended to be construed as a recommendation to buy, hold or sell any specific Securities, or otherwise invest in any specific Securities. Trading in Securities involves risk and volatility. Past results are not necessarily indicative of future performance.
The Information represents an expression of our opinions, which we have based upon generally available information. Due to the fact that opinions and market conditions change over time, opinions made available by and through the Site Offerings may differ from time-to-time, and varying opinions may also be included in the Site Offerings simultaneously. To the best of our ability and belief, all Information is accurate and reliable, and has been obtained from public sources that we believe to be accurate and reliable, and who are not insiders or connected persons of the applicable Securities covered or who may otherwise owe any fiduciary duty or duty of confidentiality to the issuer. However, such Information is presented on an “as is,” “as available” basis, without warranty of any kind, whether express or implied. Company makes no representation, express or implied, as to the accuracy, timeliness or completeness of any such Information or with regard to the results to be obtained from its use. All expressions of opinion are subject to change without notice, and Company does not undertake to update or supplement any Information.
The Information may include, or may be based upon, forward-looking statements of the type described in the Private Securities Litigation Reform Act of 1995. Forward-looking statements may convey expectations or forecasts of future events and may use terms such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” “may,” “will” or “should,” or similar expressions. Risks and uncertainties may cause actual results to differ materially from forward-looking statements. We undertake no obligation to update any forward-looking statement as a result of new information, future events or otherwise; each statement is current only as of the date it is made.
You acknowledge and agree that use of the Information is at your own risk. In no event will Company or any affiliated party be liable for any direct or indirect trading losses caused by any Information featured by and/or through the Site Offerings. You agree to do your own research and due diligence before making any investment decision with respect to Securities featured by and/or through the Site Offerings. You represent to Company that you have sufficient investment sophistication to critically assess the Information. The Information made available by and through the Site Offerings is not a substitute for professional financial advice. You should always check with your professional financial, legal and tax advisors to be sure that any Securities, investments, advice, products and/or services featured by and through the Site Offerings, as well as any associated risks, are appropriate for you.
You further agree that you will not distribute, share or otherwise communicate any Information to any third-party unless that party has agreed to be bound by the terms and conditions set forth in the Agreement including, without limitation, all disclaimers associated therewith. If you obtain Information as an agent for any third-party, you agree that you are binding that third-party to the terms and conditions set forth in the Agreement.
Company is a digital media and advertising company. We have advertising and affiliate relationships with certain Third-Party Service Providers featured on the Site and in the Invested Alpha™ Newsletter, and we may receive compensation based on advertising placements, clicks, leads, subscriptions, purchases or other actions. This compensation may affect which Third-Party Financial Products are featured and their placement. Company does not itself offer the products or services featured through the Site Offerings, and the applicable Third-Party Service Provider determines the terms of its products and services. We do not provide advertisers with subscriber names, email addresses or telephone numbers merely because they advertise with us. If you visit a Third-Party Service Provider’s website or submit information there, that provider collects the information directly under its own terms and privacy policy.
1. Scope and Modification of Agreement
The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements Termination and Necessary Equipment
The Site Offerings are available only to individuals who: (a) are at least eighteen (18) years old, or the applicable age of majority if greater; (b) can enter into legally binding contracts under applicable law; and (c) are located in the United States (collectively, “Usage Requirements”). The Site Offerings are not directed to, and may not be used by, residents of the United Kingdom or any Member State of the European Union. If you do not satisfy all Usage Requirements, you do not have permission to access or use the Site Offerings.
To the extent permitted by applicable law, Company may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.
You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Invested Alpha Newsletter
Users who register for the Invested Alpha™ Newsletter will receive it by email and, only where separately selected, by SMS text message. Newsletter Content remains subject to the disclaimers in these Terms and elsewhere in the Agreement. Users may unsubscribe by following the instructions in the applicable email or SMS message or by using the methods stated below and in the Privacy Policy. Registration information may include the User’s first name, email address and optional mobile telephone number (collectively, “Contact Data”).
Company may use Contact Data to deliver requested communications, maintain consent and suppression records, respond to inquiries, measure performance and otherwise operate the Site Offerings. Company may disclose Contact Data to service providers and contractors that process it on Company’s behalf. We do not automatically send subscriber Contact Data to advertisers or Third-Party Service Providers whose products are promoted. If you follow a link to a third-party website and submit information there, the third party collects that information directly under its own terms and privacy policy.
Company’s collection, use and disclosure of Contact Data are governed by the Privacy Policy.
Company does not itself offer the Third-Party Financial Products or other products and services featured on the Site. The applicable Third-Party Service Provider determines the availability, eligibility requirements, terms and conditions of its products and services. To the fullest extent permitted by law, Company is not liable to any User or third party for products or services offered by a Third-Party Service Provider.
You understand and agree that Company shall not be liable to you or any third-party for any claim in connection with your use of, or inability to use, the Invested Alpha™ Newsletter.
4. SMS Newsletter
If you separately select “Yes” to receive the SMS Newsletter and provide prior express written consent within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations, you consent to receive recurring promotional and informational SMS or MMS messages from Company at the mobile number you provide. Messages may be delivered using automated technology and/or generative-AI-assisted technology and may be sent from (888) 676-4563 or another number designated by Company. SMS consent is optional, is not a condition of purchase or access to the Email Newsletter, and may be withheld by selecting the email-only option.
Message frequency varies. Company may increase or decrease message frequency and may change the number from which messages are sent.
Message and data rates may apply to SMS or MMS messages.
You may revoke consent at any time by replying “STOP,” “END,” “CANCEL,” “REVOKE,” “OPT OUT,” “UNSUBSCRIBE” or “QUIT” to any message, or by using any other reasonable method that clearly communicates your request, including emailing info@investedalpha.com. Reply “HELP” for assistance. We will honor reasonable revocation requests and maintain suppression records so that marketing messages do not resume without appropriate consent.
Not all mobile devices or wireless networks are supported, and messages may not be deliverable in all areas. Company, its messaging providers and participating wireless carriers are not liable for delayed or undelivered messages.
Participating Carriers
The SMS Newsletter may be supported by major U.S. wireless carriers and participating regional carriers. Carrier participation and availability may change without notice. Contact your wireless carrier with questions about coverage, compatibility, message or data charges, or other carrier terms.
5. Non-Endorsement and Passive Conduit
(a) Company does not sponsor, recommend or endorse any Third-Party Service Provider or Third-Party Financial Product merely because it is featured through the Invested Alpha™ Newsletter or other Site Offerings. Advertisers and Third-Party Service Providers may pay Company for advertising placements, traffic, leads or other performance-based results. They do not receive access to subscriber Contact Data merely because they advertise with us. Company does not guarantee that Users will find any product or service suitable through the Site Offerings.
(b) Please use caution and common sense when using the Site Offerings. Company in no way endorses the content or legality of any responses, statements or promises made by any Third-Party Service Providers and/or any other parties featured on the Site or otherwise through the Site Offerings.
(c) The determination of the desire to purchase Third-Party Financial Products and the choice of related Third-Party Service Providers are extremely important decisions and should not be based solely on claims of expertise by any Third-Party Service Provider. Company does not review the standing of any Third-Party Service Provider with any regulatory authority and/or governmental agency. Therefore, Company makes no representation regarding the status, standing or ability of any Third-Party Service Providers and/or related Third-Party Financial Products. When considering purchasing the Third-Party Financial Products offered by a Third-Party Service Provider, Users should conduct due diligence with respect to that Third-Party Service Provider and its offered Third-Party Financial Products.
(d) Company does not involve itself in the agreements between Users and Third-Party Service Providers, or any relationships created thereby. Therefore, Company does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of its Users and/or Third-Party Service Providers, as applicable. Each User, and not Company, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third-Party Service Providers that the User comes into contact with via the Site Offerings.
6. Content
The Site contains Content which is compiled, distributed and displayed by Company, as well as Third-Party Service Providers. Company does not control the Content provided by Third-Party Service Providers that is made available by and through the Site Offerings. Such Third-Party Service Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. Company does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Service Providers. You agree that Company shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
7. Representations and Warranties
Each User hereby represents and warrants to Company as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User, which is fully enforceable against such User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to User; and/or (iii) any agreement or other instrument applicable to User.
8. Indemnification
Each User agrees to indemnify, defend and hold Company, its officers, directors, members, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any Third-Party Service Provider(s) and/or other third party(ies); (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 8 are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against Users on its own behalf.
9. License Grant
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 9. Company reserves any rights not explicitly granted in the Agreement.
10. Proprietary Rights
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Invested Alpha” name and logo, and all associated graphics, icons and service names, are trademarks of Economic Media LLC. The names, likeness and logos associated with the Third-Party Products and/or Securities featured by and through the various Site Offerings are the protected trademarks and intellectual property of the respective Third-Party Service Providers. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
11. Legal Warning
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
12. Disclaimer of Warranties
THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY POSITIVE INVESTMENT OUTCOME, ECONOMIC BENEFIT, FINANCIAL OUTCOME OR GAIN; OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ONE USER AND ANY OTHER USERS, THIRD-PARTY SERVICE PROVIDERS AND/OR THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTACT DATA AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE OR OTHER SITE OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS AND DOWNLOADS; (E) THE FAILURE TO OBTAIN ANY POSITIVE INVESTMENT OUTCOME, ECONOMIC BENEFIT, FINANCIAL OUTCOME OR GAIN; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Third-Party Websites
The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third-Party Links. Company does not control the information, products or services made available by and/or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
15. Editing Deleting and Modification
Company reserves the right, in its sole discretion, to edit and/or delete any documents, information, offers and/or Content appearing on the Site.
16. Use of Contact Data
All information submitted by Users through or in association with the Site Offerings, including Contact Data, is subject to the Privacy Policy.
17. Dispute Resolution
17.1 Governing Law
The Agreement is governed by the laws of the State of Connecticut, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
17.2 Informal Dispute Notice
Before starting arbitration, the person or entity asserting a dispute must send the other party an individualized written notice describing the claimant’s name and contact information, the email address associated with the claimant’s use of the Site Offerings, the factual and legal basis of the claim, and the relief requested (an “Initial Dispute Notice”). A User must send an Initial Dispute Notice either by email to info@investedalpha.com or by U.S. Mail to Economic Media LLC, 1053 Farmington Avenue, Farmington, CT 06032. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of a complete Initial Dispute Notice.
17.3 Binding Arbitration
If the dispute is not resolved informally, the parties and Covered Parties agree to submit all claims arising out of or relating to the Site Offerings or Agreement to binding arbitration administered by JAMS under the applicable JAMS rules and the JAMS Consumer Arbitration Minimum Standards. Arbitration will occur in the User’s county of residence or through a remote hearing where permitted by the applicable rules. A claimant may submit a Demand for Arbitration through JAMS. For claims of $10,000 or less, the User may choose whether the arbitration proceeds in person, by telephone, by video conference or on written submissions, to the extent permitted by the applicable JAMS rules. Any award will be final and binding, and judgment may be entered in any court of competent jurisdiction. Company will not seek attorneys’ fees from a User unless the arbitrator determines that the claim was frivolous or brought for an improper purpose.
17.4 Mass Arbitration
Where seventy-five (75) or more similar arbitration demands are asserted against Company or related parties and are coordinated by the same or cooperating counsel, Company may require that the claims be administered under the JAMS Mass Arbitration Procedures and Guidelines, to the extent those procedures apply.
17.5 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. Unless all affected parties agree otherwise, an arbitrator may not consolidate more than one person’s claims except as permitted under applicable mass-arbitration procedures. This waiver does not prevent either party from pursuing an individual claim in binding arbitration or in small claims court where the claim qualifies.
17.6 Arbitration Opt-Out
You may opt out of Sections 17.2 through 17.5 by sending written notice within thirty (30) days after you first accept the Agreement. The notice must state that you opt out of the arbitration provisions, identify your full name and the email address associated with your use of the Site Offerings, and be sent by email to info@investedalpha.com or by U.S. Mail to Economic Media LLC, 1053 Farmington Avenue, Farmington, CT 06032. Opting out of arbitration will not affect the remaining provisions of the Agreement.
18. California Consumer Notice
California residents may file grievances and complaints with the California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834, or call (800) 952-5210. Additional information is available from the California Department of Consumer Affairs.
19. Miscellaneous
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20. Contact Us
If you have questions about the Agreement, Site Offerings or Company’s practices, email info@investedalpha.com, call (800) 611-0463, or write to Economic Media LLC, 1053 Farmington Avenue, Farmington, CT 06032.