ON-LINE USER TERMS AND CONDITIONS MARKET HOTLINE SERVICES
(a service of FrontDesk, Inc.).
THIS DOCUMENT CONSTITUTES AN AGREEMENT BETWEEN YOU (THE USER) AND THE INFORMATION PROVIDER SELECTED.
YOUR CREDIT CARD WILL BE BILLED BY AMAZON
By using the services offered through the Information Provider’s Services, I (the user) am indicating that I agree to be bound by all of the terms of this Agreement. I confirm that I have selected the information provider and selected the service authorizing the merchant indicated on the “create an account” procedure to bill my credit card for the amount selected.
THIS IS A LEGAL AND BINDING AGREEMENT (“AGREEMENT”), WHICH GOVERNS YOUR USE OF THE SERVICE TO INFORMATION PROVIDER SERVICES. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE.
This agreement was last updated on November 11, 2019. This agreement may be amended this from time to time by FrontDesk, Inc.’s Market Hotline (provider of Wolanchuk Report Hotline and the Ord Oracle Hotline) or in conjunction with the information provider. I agree to review the agreement periodically to be aware of such modifications. My continued use of the service constitutes my acceptance of the changes. If the terms change in some way that I find unacceptable, I will discontinue my use of services. I understand I must read and agree to this agreement before using the services.
FrontDesk, Inc. is a provider of enhanced services through technology and electronic capabilities to information providers. FrontDesk, Inc. assists in the distribution of information provided by the Information Providers.
BILLING AGREEMENT AND REFUND POLICY:
By using the service and agreeing to buy information, I authorize FrontDesk, Inc. using Amazon In-Skill Purchasing to bill my credit card for the specified amount. This amount will be charged immediately to my credit card. I understand my credit card bill will indicate a charge by Amazon. I understand THIS AMOUNT IS NON-REFUNDABLE other than special circumstances determined by the information provider or Amazon.
SUBCRIPTION SERVICE USAGE:
I assume total responsibility for my use of the Internet. The Information Provider, Amazon, or FrontDesk, Inc. (technology provider,) does not guarantee that the service or the Internet will be uninterrupted or error free. FrontDesk, Inc., the Information Provider, and its affiliates do not warrant the accuracy, completeness, or timeliness of the information available through the service. I acknowledge my reliance upon the information available through the Internet, the Information Provider or FrontDesk, Inc. shall be at my own risk.
PRIVACY STATEMENT AND USER INFORMATION:
FrontDesk, Inc. may store the information provided to FrontDesk by Amazon and provide statistical information to the Information Providers providing the service for which I have subscribed. FrontDesk, Inc. will not use the information provided for any purpose other than providing the services and for authorized billing purposes. FrontDesk, Inc., the Information Provider or Advisor, will not store my name, address, phone number, e-mail address, or other specific personal information without my consent.
FrontDesk, Inc. does not itself endorse the opinions and recommendations of the Information Provider, individuals or companies. Information distributed by contributors and information providers utilizing FrontDesk, Inc.’s technological and electronic capacities, while not guaranteed as to accuracy or completeness, has been obtained or derived from sources believed to be reliable.
I agree I will make my own independent investigation the basis for any investment judgments and decisions. I understand that I should consult appropriate financial and investment advisors, brokers, tax consultants, and/or attorneys before making any investment decision. The materials and information available through my service is for informational purposes only. Neither FrontDesk, Inc. nor any Information Providers or contributors shall be liable for any errors or delays in the content, or for any action taken in reliance thereon. FrontDesk, Inc. offers no opinion regarding the sale or purchase of any security that is either intended or implied, and nothing contained herein is to be construed or interpreted as a recommendation to buy or sell any security by FrontDesk, Inc. Furthermore, FrontDesk, Inc. does not endorse or recommend either the Information Provider or the contents of their material available through commentary. It is possible that at this date or some subsequent date, the officers, directors, and/or shareholders of FrontDesk, Inc. and its affiliates own securities, or buy and sell securities mentioned by our Information Providers or those not so mentioned. It is understood that FrontDesk, Inc., its officers, directors, and/or shareholders are not acting as licensed investment advisors or financial advisors.
LIMITATION ON LIABILITY
Under no circumstances will FrontDesk, Inc. and/or its affiliates be liable to you or anyone else for any decision made or action taken by you based on the information presented through any service provided by FrontDesk, Inc. or the Information Provider.
FRONTDESK, INC. AND ITS AFFILIATES SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FROM ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF FRONTDESK, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FRONTDESK, INC. LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ALL FEES PAID BY YOU TO FRONTDESK, INC. THE SERVICE AND ALL ASSOCIATED INFORMATION ARE DISTRIBUTED “AS-IS” WITH NO WARRANTIES EXPRESSED OR IMPLIED WITH REGARD TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Since you are responsible for your access to the Internet, the service, and the consequences of your own actions, you agree to indemnify and hold FrontDesk, Inc., its parents, Information Providers, affiliates, officers, employees, and stockholders harmless from and against any claim demand, including reasonable attorney’s fees made by any third party resulting from or arising from your use of the service, including persons using your device, or your violation of the Agreement.
Either party’s delay in, or failure of, performance under this Agreement, shall be excused where such delay or failure is caused by an act of God, fire or other catastrophe, electrical, computer or mechanical failure, work stoppage, delays or failure to act of any carrier or agent (including Billing Entities) or any other cause beyond a party’s direct control, including regulatory restrictions.
You agree that this Agreement and any dispute relating to it or the Service will be governed by and construed in accordance with the laws of the United States and the State of Colorado, as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflicts of laws or principles. You hereby submit to the exclusive jurisdiction of the federal and state courts of the State of Colorado, in and for Larimer County.
COPYRIGHTS AND LICENSES
The entire contents of services distributed by the Information Provider, Merchant or through FrontDesk, Inc. technology are copyrighted under the United States copyright laws. The owner of the copyright is the designated Information Provider or FrontDesk, Inc. I am permitted to print or record the information I have purchased solely for my non-commercial use. Any other copying, redistribution, retransmission, or publication of any downloaded materials is strictly prohibited without the express written consent of FrontDesk, Inc. or the appropriate Information Provider.
I understand that information provided through my service is subject to export control laws and regulations. I am not to download or otherwise export or re-export any of the underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, none of the underlying information or technology may be downloaded or otherwise exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s table of denial orders. By my use of the Service, I am agreeing to the foregoing and I am representing and warranting that I am not located in, under control of, or a national or resident of any such country or on any such list.
This Agreement supersedes all other agreements and understandings regarding this subject matter and is governed by Colorado and United States law without regard to conflict of laws or provisions thereof.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS.