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USER
AGREEMENT
THE
FOLLOWING DESCRIBES THE TERMS UNDER WHICH INVESTMENTCARE CONSULTING GROUP
OFFERS YOU ACCESS TO OUR INFORMATION AND SERVICES.
- Acceptance
of Terms. This Agreement describes the
terms and conditions applicable to your use
of our information and services (the "Services")
at InvestmentCare Consulting Group, operated by InvestmentCare Consulting Group,
Inc. ("InvestmentCare Consulting Group"), 16400
Ventura Blvd. Suite #305, Encino, CA, 91436.
BY ACCESSING ANY AREA OF THE INVESTMENTCARE CONSULTING GROUP WEBSITE,
YOU AGREE TO BE LEGALLY BOUND BY AND TO ABIDE
BY THE TERMS AND CONDITIONS CONTAINED IN THIS
USER AGREEMENT. If you do not agree to these
terms and conditions, you may not use the
Investmentcare Consulting Group web site and must destroy
all materials copied from InvestmentCare Consulting Group,
along with all copies of such materials. All
rules and guidelines listed anywhere on InvestmentCare Consulting Group,
including all policies, are incorporated into
the terms of this Agreement. Our Services
are available only to individuals who can
form legally binding contracts under applicable
law. Without limiting the foregoing, our Services
are not available to minors. If you are a
minor (under the age of 18), you are not eligible
to use InvestmentCare Consulting Group. If you do not qualify,
please do not use our Services or send us
any communications.
Investmentcare Consulting Group
reserves the right to, and may at any time,
revise, modify, alter or otherwise update
this Agreement. Any such revisions shall be
binding upon you, and Investmentcare Consulting Group recommends
that you revisit this web page from time to
time to review the current terms and conditions.
Description
of Services. Investmentcare Consulting Group provides
securities consulting, compliance research,
and investor education services to the broker/dealer
and individual investor. Any new services
or features that augment or enhance the Services
or are otherwise provided on Investmentcare Consulting Group
shall be subject to the terms of this Agreement.
No
Legal Advice. The materials on this website
have been prepared by Investmentcare Consulting Group for
informational purposes only and are not legal
advice. Internet subscribers and online users
should not act upon any information or advice
obtained through Investmentcare Consulting Group without
seeking the advice of professional counsel.
Investmentcare Consulting Group has used reasonable efforts
in collecting, preparing and providing quality
information and material, but does not warrant
or guarantee the accuracy, completeness, adequacy
or currency of the information contained in
or linked to this web site or any other Investmentcare Consulting Group
web site. Users of information from this web
site or any other Investmentcare Consulting Group web site
or links do so at their own risk.
Member
Services. Investmentcare Consulting Group provides
additional Services to users who register
to become members of InvestmentCare Consulting Group. Registration
is free and remains active until termination
by either Investmentcare Consulting Group or you. Use of
Member Services will have associated fees
as set forth in our Fee Schedule.
Copyright.
All content included on InvestmentCare Consulting Group,
such as text, graphics, logos, icons, images,
audio, video, HTML and software (collectively,
"Content") is the property of Investmentcare Consulting Group
or its content suppliers and is protected
by copyrights or other proprietary rights.
All Content is copyrighted by InvestmentCare Consulting Group
under the U.S. and international copyright
laws, conventions, and treaties. You may not
modify, publish, transmit, sell, display or
in any way commercially exploit any of the
Content, in whole or in part, without the
prior written consent of InvestmentCare Consulting Group.
If no specific restrictions are displayed,
you may make copies of select portions of
the Content if (i) the copies are made only
for your personal, noncommercial use; (ii)
you do not modify the materials in any way;
and (iii) you do not delete or change any
notices contained in the Content, such as
copyright, trademark or other proprietary
rights notices. Except for such personal copies,
you may not copy, download, list or distribute
Content protected by copyright or other proprietary
rights without obtaining the prior written
permission of the owner of the copyright or
other proprietary right.
Trademarks.
"InvestmentCare Consulting Group" and the Investmentcare Consulting Group
logos and other related marks which may appear
on InvestmentCare Consulting Group, are the trademarks,
trade names, or service marks of Investmentcare Consulting Group
(collectively, "Trademarks"). The
Trademarks may not be used, copied, modified
or distributed in any way. Nothing contained
on Investmentcare Consulting Group should be viewed as
giving you any license or right to use any
Trademark without InvestmentCare Consulting Group's express
written permission.
Third
Party Content. Investmentcare Consulting Group is a
distributor and not a publisher of Content
supplied to Investmentcare Consulting Group by third parties.
Any opinions, advice, statements, services,
offers, or other information that is part
of the Content on Investmentcare Consulting Group that
is expressed or made available by third parties
are those of the respective authors or distributors
and not of InvestmentCare Consulting Group. INVESTMENTCARE Consulting Group
ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS,
WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS
OR APPROVALS WITH REGARD TO SUCH THIRD PARTY
INFORMATION. It is your responsibility to
evaluate the information, opinions, advice
or other Content available through InvestmentCare Consulting Group,
whether listed or provided by third parties
or by InvestmentCare Consulting Group. Investmentcare Consulting Group
may conduct, but is not responsible for, screening,
policing, or monitoring such third party Content.
If notified of allegedly infringing, defamatory,
damaging, illegal or offensive conduct, Investmentcare Consulting Group
may investigate the allegation and determine,
in its sole discretion, whether to remove
or request the removal of such Content from
InvestmentCare Consulting Group.
No
Warranty. We do not guarantee continuous,
uninterrupted or secure access to our Services,
and operation of our site may be interfered
with by numerous factors outside of our control.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND
SERVICES ON AN "AS IS" "AS
AVAILABLE" BASIS. INVESTMENTCARE Consulting Group
MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OR RELIABILITY
OF THE SITE, THE ACCURACY OR COMPLETENESS
OF ANY INFORMATION ON THE SITE, OR THE AVAILABILITY,
QUALITY, OR SAFETY OF ANY IDEAS ON THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, INVESTMENTCARE Consulting Group DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FURTHER, INVESTMENTCARE Consulting Group DOES NOT WARRANT
THAT THIS SITE OR ITS CONTENT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. Some states do
not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal
rights and you may also have other legal rights
which vary from state to state.
Liability
Limit. IN NO EVENT SHALL INVESTMENTCARE Consulting Group
OR ITS SUPPLIERS BE LIABLE FOR ANY LOSSES,
COSTS, OR EXPENSES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES, EVEN IF INVESTMENTCARE Consulting Group HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, INVESTMENTCARE Consulting Group's LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, COSTS OR EXPENSES
OF ANY KIND SHALL BE LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN
THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE
TO LIABILITY; OR (B) $100. Applicable law
may not allow the limitation or exclusion
of liability for incidental or consequential
damages, so the above limitation or exclusion
may not apply to you.
Indemnity.
You agree to indemnify and hold us and our
subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from any claim
or demand, including reasonable attorneys'
fees, made by any third party due to or arising
out of your breach of this Agreement or the
documents it incorporates by reference, or
your violation of any law or the rights of
a third party.
Termination.
These terms and conditions, along with the
other notices, disclaimers, terms and conditions
on Investmentcare Consulting Group form an enforceable
Agreement between Investmentcare Consulting Group and you.
This Agreement is effective until terminated
by Investmentcare Consulting Group or you. You may terminate
this Agreement at any time by destroying all
Content obtained from Investmentcare Consulting Group and
all copies of such Content, whether made under
the terms of this Agreement or otherwise.
Without
limiting other remedies, we may immediately
issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse
to provide our Services to you: (a) if, in
InvestmentCare Consulting Group's sole discretion, you
breach this Agreement or the documents it
incorporates by reference; (b) if we are unable
to verify or authenticate any information
you provide to us; or (c) if, in InvestmentCare Consulting Group's
sole discretion, we believe that your actions
may cause legal liability for you, our Members
or us.
Privacy.
Our current Privacy
Policy is herein
incorporated by reference. We may change our
Privacy Policy from time to time and our changes
are effective after we provide you with at
least thirty (30) days' notice of the changes
by posting the changes on our homepage or
sending email to Members who select such notification.
No
Agency. You and Investmentcare Consulting Group are
independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this
Agreement.
Local
Laws. The Investmentcare Consulting Group website is
controlled and operated by Investmentcare Consulting Group
in the State of California U.S.A. As such,
the laws of the State of California will govern
these terms and conditions, without giving
effect to any principles of conflicts of laws.
Investmentcare Consulting Group makes no representation
that this website or the Content is appropriate,
legal, or available for use in other locations.
You are in the best position to know whether
your use of this website is prohibited or
restricted by local laws. Accordingly, if
you choose to access Investmentcare Consulting Group or
use any of its Services, you do so on your
own initiative and are responsible for compliance
with all local laws.
Choice
of Law; Consent to Jurisdiction; General.
This Agreement shall be governed in all respects
by the laws of the State of California as
such laws are applied to agreements entered
into and to be performed entirely within California
between California residents. For purposes
of any arbitral or judicial proceedings or
the enforcement of any award or order issued
by any judicial or arbitral tribunal pursuant
to this Agreement, each party agrees to nonexclusive
personal jurisdiction and venue in the United
States District Court for the Central District
of California (and any California state court
within that District). If any provision of
this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining
provisions shall be enforced. Headings are
for reference purposes only and in no way
define, limit, construe or describe the scope
or extent of such section. Our failure to
act with respect to a breach by you or others
does not waive our right to act with respect
to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement
between us with respect to the subject matter
hereof.
Contact Information
InvestmentCare Consulting Group is owned and operated by:
InvestmentCare Consulting Group, Inc.
16400 Ventura Blvd.
Suite #305
Encino, CA 91436
www.investmentcare.com
Notices of copyright infringement under the Digital
Millennium Copyright Act must be sent to:
Dante Bartoletti
InvestmentCare Consulting Group
16400 Ventura Blvd.
Suite #305
Encino, CA 91436
contactus@investmentcare.com
PRIVACY POLICY
Welcome
to INVESTMENTCARE CONSUTING GROUP. At INVESTMENTCARE CONSULTING GROUP,
protecting your privacy is very important. We
want to make your experience at INVESTMENTCARE CONSULTING GROUP
as comfortable and rewarding as possible, and
we want you to be able to make use of our web
site's array of information, ideas and services
with complete confidence. We have created this
statement to describe INVESTMENTCARE CONSULTING GROUP's privacy
and security policy.
USE
AND COLLECTION OF USER INFORMATION
InvestmentCare Consulting Group,
Inc. gathers user information
that is needed to administer its business, provide
superior service, complete transactions, and
communicate offers on merchandise and services
that InvestmentCare Consulting Group, Inc. believes will
be of interest to its users. InvestmentCare Consulting Group,
Inc. limits access to user information to those
employees who need it to carry out their business
functions. InvestmentCare Consulting Group, Inc. may provide
user information to third parties that need
access to the information in order to provide
operational and other support services to InvestmentCare Consulting Group,
Inc. Except as provided above or as required
by law, InvestmentCare Consulting Group does not sell, rent,
or otherwise disclose your personal information
to third parties, or use your contact information
for unsolicited marketing without your permission.
COLLECTED
INFORMATION
When
users register to use INVESTMENTCARE CONSULTING GROUP, they
may be required to give us contact information
(like their name, mailing address, telephone
numbers, and email address), financial information
(like their account or credit card numbers),
and demographic information (like their age
group or educational level). INVESTMENTCARE CONSULTING GROUP
may also use order forms and online surveys
for customers to provide their opinions and
to request information, products and services.
These forms and surveys may ask users for contact
information.
We
use contact data to better understand our customer's
needs, to improve our products and services,
and to contact users regarding information that
may be of interest to them. Contact and financial
information that is collected is used to check
the users qualifications for registration and
to bill the user for products and services.
Additionally,
the INVESTMENTCARE CONSULTING GROUP web site may collect
non-contact information from web site visitors,
either automatically or by request, including
demographic information, such as zip codes,
age group, or income and educational levels,
and technical information, such as the user's
operating system, browser, IP address or domain
name. We use this demographic and technical
information to tailor our web site, display
content according to our users interests and
preferences, and provide aggregated profiles
of our user base. This information may be shared
with third parties on an aggregate basis only.
We
may also collect into a file specific to you
any personal correspondence, such as e-mails
or letters that you have sent us, or any correspondence
or feedback about your activities on the site
that other users or third parties may provide
us.
COOKIES
INVESTMENTCARE CONSULTING GROUP
may use a "cookie" to save certain
custom settings and information for you, to
enable us to better personalize the web site
for you. Cookies are tiny data files that are
place on your hard drive by a web site. Most
web browsers allow web users to exercise control
over such files on their computers by erasing
them, blocking them, or notifying the user when
a file is stored. Erasing or blocking cookies
may at times affect your ability to use the
INVESTMENTCARE CONSULTING GROUP web site.
PUBLIC
FORUMS
Please
remember that any information that you disclose
in any INVESTMENTCARE CONSULTING GROUP public area of this
web site or the Internet becomes public information.
You should exercise caution when deciding to
disclose personal information in such areas.
SECURITY
InvestmentCare Consulting Group,
Inc. and its service providers have security
measures in place to protect against the loss,
misuse or alteration of the information under
our control.
CHILDREN
InvestmentCare Consulting Group,
Inc. does not knowingly collect or use contact
or other personally identifiable information
from children under 18 without parental consent.
We ask that minors (under the age of 18) do
not submit any personal information to us. If
we have inadvertently collected your child's
information and you would like to remove your
child's information from our records, please
contact us at the address below.
LEGAL
REQUESTS
You
authorize us to, and we can, disclose any information
about you to law enforcement or other government
officials as we, in our sole discretion, believe
necessary or appropriate, in connection with
an investigation of fraud, intellectual property
infringements, or other activity that is illegal
or may expose us to legal liability.
CHOICE
TO OPT OUT
INVESTMENTCARE CONSULTING GROUP
provides users the opportunity to opt out of
receiving communications from us at the point
where we request information about the user.
CHANGES
AND MODIFICATIONS
INVESTMENTCARE CONSULTING GROUP
gives users options for changing and modifying
information previously provided. To make or
inquire about such changes, contact contactus@investmentcare.com.
CONTACT
INFORMATION
If
you have any questions about this privacy policy
or the data collection and use practices of
INVESTMENTCARE CONSULTING GROUP, you may contact:
Customer Service Dept.
16400 Ventura Blvd.
Suite #305
Encino, CA 91436
Phone: (818) 386-6900
Fax: (818) 386-6903
cs@investmentcare.com
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