This Terms & Conditions of Use and Subscriber Agreement (“Agreement”) is the agreement between you (“Subscriber”) and Mossberg’s Investor Digest (“Publisher”), a Texas sole proprietor, whose mailing address is P.O. Box 92698, Southlake, TX 76092.
The terms & conditions in this Agreement apply to your subscription to the Mossberg’s Investor Digest and to your use of the website at http://www.mossbergid.com (“website”).
The subscription to the Newsletter shall begin only upon (1) your acceptance of this Agreement and (2) the receipt by the Publisher of good and sufficient funds in payment for the Subscription Fee. Notwithstanding this, you are bound by the Agreement immediately upon your use of the website.
The term “Mossberg’s Investor Digest” includes Mossberg’s Investor Digest, the owner of the website, and any parents, subsidiaries, affiliates, officers, members, directors, managers, employees, agents, attorneys, and/or suppliers of Mossberg’s Investor Digest.
The term “access to the website” or “access” means access to the Subscribers Only section of the website in addition to the sections of the website that are accessible to the general public.
“Effective Date” means the date that this Agreement shall be effective. The effective date shall be the date confirmed by Publisher upon Publisher’s receipt, in good and sufficient funds, of your subscription payment. The date of such confirmation will be the date of the e-mail from Publisher to you with the User Name and Password.
The term “newsletter” means the Mossberg’s Investor Digest published by the Publisher and delivered to you by e-mail or via access to the website. The term “Publisher” means Mossberg’s Investor Digest.
“Renewal Date” means the last day of your Subscription Term as shown on the records of Publisher.
“Subscription Price” means the price shown on the Subscription Price Schedule for the term you selected on the Subscription Application.
“Subscription Term” means the chronological term of the subscription you selected on the Subscription Application.
“Subscription Price Schedule” means the schedule of prices for the various terms posted from time to time on the website by the Publisher.
The term “trademark” means both trademark and service mark as applicable. “User Name” and “Password” mean your user name and password provided to you for accessing the website.
The term “website” means the website whose URL includes www.mossbergid.com. The website is owned and operated by the Publisher.
All references to “you” and “your” refer to the Subscriber.
2. Your Representations and Warranties
To induce the Publisher to accept your subscription and grant you access to the website, you represent and warrant to the Publisher that:(a) You are over the age of eighteen (18) years and have the power and authority to enter into and perform your obligations under this Agreement; (b) You will comply with all the terms & conditions of this Agreement, including, without limitation, the terms incorporated by reference herein, if any;(c) You will not permit anyone else to use your User Name or Password, provide to anyone else your User Name or Password, or permit anyone else to access the website or the newsletter using your subscription access;(d) You have provided accurate and complete registration and subscription information, including, without limitation, your legal name, e-mail address, and postal address;(e) You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, material or services obtained from any part of Mossberg’s Investor Digest Information. All forms of sub-licensing, reselling, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any Mossberg’s Investor Digest Information are strictly prohibited;(f) Your subscription to the newsletter and the access granted to the website and any e-mails received from the Publisher, its agents or assigns, shall be for your use only;(g) You have read and understand the Disclosures posted on the website;(h) You will only use the access granted under this Agreement for lawful purposes.(i) You understand that this Agreement is a legally binding agreement; you have had the opportunity to consult with an attorney of your choice concerning your legal rights and obligations under this Agreement; and, you enter into this Agreement freely and voluntarily with full knowledge of your legal rights and obligations under this Agreement.(j) You will comply with all applicable laws, including those regarding the export of data and all laws, rules and regulations that may be applicable to your use of Mossberg’s Investor Digest Information.(k) You will not interfere with or attempt to interfere with the operation of the website by the Publisher or the use of or access to the website by any other person or entity.
Periodically, Mossberg’s Investor Digest publishes Best Idea Profiles, which are one-page profiles highlighting the investment merits and risks of publicly traded companies. Near the end of each month, Best Idea Profiles are compiled into a single newsletter. Subscribers receive Mossberg’s Investor Digest Information either via e-mail or by visiting www.mossbergid.com
Mossberg’s Investor Digest is available via two types of subscription, Annual and Immediate Access Annual Subscriptions.
Annual Subscribers receive 12 Monthly compilation issues. At the end of each month, Mossberg’s Investor Digest compiles all Best Idea profiles generated that month into a single compilation issue. In addition, Annual Subscribers receive a password and login to access the past compilation issues. Immediate Access Annual Subscribers receive everything the annual subscribers receive plus Best Idea Profiles as soon as they are published. The publisher shall work hard and make every commercially reasonable attempt to publish the documents during the periods indicated but the periods of publication are goals; Publisher does not represent that the documents will be published or available during the periods stated. Publisher reserves the right to change the publication periods without notice at the sole discretion of the Publisher.
The newsletter provides commentary and information including third-party information on financial markets in general, professional investors, mutual funds, stocks, bonds, options, and other securities. Specifically, certain securities are discussed and analyzed as investment vehicles. Publisher does not represent, endorse, or warrant the timeliness, sequence, accuracy, or reliability of Mossberg’s Investor Digest Information including third-party information.
Mossberg’s Investor Digest Information is intended for the citizens and residents of the United States of America. The information provided by the Publisher may not be appropriate for citizens of other countries or persons living in other geographical locations or other jurisdictions. The products mentioned in Mossberg’s Investor Digest Information may not be eligible for sale in some states or countries. Publisher reserves the right to limit availability of Mossberg’s Investor Digest Information to any person, geographic area or jurisdiction. You agree that the publication periods of the parts of the newsletter are not legally binding. You acknowledge and understand that the commentary and information concerning products and services of any third party are not approved or endorsed by Publisher.
By applying for a Subscription, you represent that you reside in or are a citizen of the United States of America and that the information provided to you on the website and in the newsletter are appropriate for you, regardless of the address you give to the Publisher. You also agree that you will comply with any local laws or regulations, including without limitation, securities or blue sky laws or any laws requiring registration or filings with local authorities, and the payment of any taxes, that may apply to your use of the website and the information contained thereon and contained in the newsletter or e-mails from the Publisher. You agree that any correspondence to you, including e-mails, have been requested by you and the Publisher is authorized to send them to you.
This Agreement is void where prohibited by law, and the right to access is considered revoked in such jurisdictions.
To subscribe to the newsletter and get access to the website, you agree to provide complete and accurate registration information, including, without limitation, your legal name, e-mail address, telephone number and postal address. You agree to maintain and update this information as necessary to keep it accurate, complete, and current. The Publisher reserves the right to terminate your subscription or limit access to service if any portion of the information you provide to the Publisher is false, incomplete, or inaccurate.
5. Term of the Subscription
The term of the Subscription begins on the Effective Date and ends at the completion of the Subscription Term. When the Subscription is renewed, such renewal operates as the consent of Subscriber to the provisions of the Terms & Conditions of Use and Subscriber Agreement in effect on the Renewal Date and any modifications or amendments which the Publisher may make to the Agreement thereafter.
6. Subscription Price
The Subscription Price you agree to pay is the price shown on the price schedule on the website. The Subscription Price will not change for you during your Subscription Term. The Subscription price for any renewal will be the price in effect as of the Effective Date of the renewal.
7. Payment & Renewal
Payment for a subscription is due in advance and is payable and fully earned on the Effective Date. If a credit card is used for payment, the Subscription Price will be charged to your credit card prior to the Subscription Term. The Publisher reserves the right to change, at any time, the name under which the charge is made.
If you pay by credit card, you authorize the Publisher to submit on that credit card for payment, without additional authorization or approval by you, any other amount that you may owe the Publisher under this Agreement.
You agree subscription renewals shall be subject to the price shown on the price schedule on the website in effect at the time of renewal and the provisions of the Terms & Conditions of Use and Subscriber Agreement in effect on the Renewal Date shall apply. You will be provided with an opportunity to review the Agreement in effect on the Renewal Date and accept the agreement when you renew your subscription. The subscription renewal will take effect at the end of the existing Subscription Term.
8. Refunds, Cancellation, and Termination
All amounts received for subscriptions for the newsletter are non-refundable. You may cancel your subscription to the newsletter and your access to the website at any time. To cancel your subscription, you must give notice to the Publisher in writing either via e-mail or postal mail. The Subscription Price you paid will not be refunded or prorated if you cancel your subscription. In the event that the Publisher determines that you breached this Agreement or any term or condition or provision of the Agreement, including non-payment, the Publisher has the right, but not the obligation, to immediately cancel your subscription and to terminate your access to the website or other services or products being provided to you by Mossberg’s Investor Digest without a refund. Publisher reserves the right, in its sole discretion, to cancel your subscription or terminate your access to the website at any time without cause and make a refund to you for any remaining whole months of your subscription. The obligations of the Publisher to you under this Agreement including providing access to the website are terminated as of the cancellation of your subscription without further notice to you. Cancellation does not terminate this Agreement with respect to your obligations under this Agreement. In any event, your obligations under this Agreement and the disclaimers and limitations of liabilities in this Agreement shall survive until the expiration of the applicable statute of limitations.
9. Access and Accessibility
You agree that you have received the Publisher’s services and/or products when the Publisher sends you the User Name and Password to the Subscriber Login section of the website. You may continue to receive Mossberg’s Investor Digest Information until the end of your Subscription Term or such earlier date as may be provided elsewhere in this Agreement. Information presented in the e-mail version of the newsletter is available on the website for Subscribers in good standing.
Publisher shall work hard to provide accessibility to the website 24 hours a day, 7 days a week. However, Publisher uses or may use from time to time third-party servers and makes no guarantee whatsoever that the website shall be accessible. You agree that from time to time the newsletter may not be delivered or the website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs the Publisher or any third party may undertake from time to time; or (iii) causes beyond the commercially reasonable control of the Publisher or which are not reasonably foreseeable by the Publisher.
Publisher may, without notice to you or approval by you, change, suspend, or discontinue the newsletter or the website at any time, including the availability of any feature, database, or content. Publisher may, without notice or liability to you, also impose limits on certain features and services or restrict your access to parts of the website or to the services of the Publisher.
You agree that it is your responsibility to keep the Publisher informed of your e-mail address changes and any developments that might prevent your address from receiving the newsletters during your Subscription Term. Publisher is not responsible for non-delivery of your e-mail due to changes in the address, service outages from your Internet service provider, or delays in any form.
10. User Name and Password
Publisher will assign a User Name and Password for you to access the Subscriber Login section of the website. You agree that you have no right to transfer or assign your User Name or Password or allow others to use your User Name and Password. You agree that you have the sole responsibility for, and the Publisher has no responsibility or liability for, keeping your User Name and Password private and confidential. You agree that if you share your User Name or Password with anyone else or if your User Name or Password is used by anyone else, Publisher may, in its sole discretion, terminate your Subscription and access to the website. Publisher reserves the right to charge you for the cost of an additional subscription for each person to whom you provided your User Name or Password. Publisher also reserves the right to seek recovery of any damages, costs and expenses, including attorney’s fees, by any legal means.
You agree that you are aware that the Internet and any information sent via the Internet may be subject to hacking, malware, spyware, malicious code, worms, time bombs, viruses, and other risks (collectively, “Internet Risks”) which could damage, destroy or alter your computer and the software and/or data thereon. You agree that it is your responsibility, and not the Publisher’s, to protect your computer and the information stored thereon from all Internet Risks. Although the Publisher will take commercially reasonable steps the purpose of which is to prevent such from occurring, you agree that the Publisher shall not be responsible for, and shall have no liability for, any damage to you or your computer or your information as the result of Internet Risks or any other cause or effect resulting from your use of the Internet.
This website may contains links to websites operated by other persons or entities. The Publisher does not control these other sites and is not responsible for their content. Publisher does not necessarily endorse the linked sites or have any association with the owners or operators of those sites. Publisher is not liable for any direct or indirect technical or system issues or consequences or Internet Risks arising out of your access to or use of third-party technologies or programs available through this website.
You agree not to transmit any Internet Risks to the Publisher. You agree to notify the Publisher promptly if your computer is harmed by Internet Risks that you know or reasonably suspect resulted from communication related to the Publisher.
You agree not to, nor allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this website or any content herein. You agree not to, nor allow others to, directly, or indirectly, collect or attempt to collect any information about others including email addresses, names, and other information.
You agree not to use the website in any way that is unlawful, or harms the Publisher, its affiliates, Subscribers, service providers and/or suppliers (each, a “Publisher Party” and collectively, the “Publisher Parties”) or any customer of a Publisher Party, as determined in Publisher’s sole discretion.
You may not use the website in any way that breaches any code of conduct, policy or other notice applicable to the website. Without limiting the generality of this section, you may not use the website in any manner that could damage, disable, overburden, or impair the website (or the network(s) connected to the website) or interfere with any other party’s use and enjoyment of the website. Without limiting the generality of the foregoing, you agree not to use the website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Publisher may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the website includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the website.
12. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT MOSSBERG’S INVESTOR DIGSET INFORMATION, INCLUDING ANY THIRD-PARTY INFORMATION, IS PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OF THE INFORMATION OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN MOSSBERG’S INVESTOR DIGEST INFORMATION , OR THE RESULTS OBTAINED FROM ACCESSING AND USING MOSSBERG’S INVESTOR DIGEST INFORMATION AND YOU AGREE THAT MOSSBERG’S INVESTOR DIGEST SHALL NOT BE RESPONSIBLE THEREFOR. OPINIONS EXPRESSED IN MOSSBERG’S INVESTOR DIGEST INFORMATION REFLECT THE THOUGHT OF PUBLISHER AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
ALL MATERIALS AND SERVICES FROM A THIRD PARTY THAT ARE PROVIDED BY ANY THIRD PARTY, OR THIRD-PARTY SITES TO WHICH IT LINKS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
PUBLISHER DOES NOT WARRANT THAT MOSSBERG’S INVESTOR DIGEST INFORMATION OR OTHER SERVICES AND PRODUCTS OF MOSSBERG’S INVESTOR DIGEST WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY E-MAIL FROM MOSSBERG’S INVESTOR DIGEST, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PUBLISHER MAY AT ANY TIME, WITHOUT YOUR CONSENT OR APPROVAL, AND WITHOUT NOTICE TO YOU, MAKE IMPROVEMENTS, MODIFICATIONS, AND/OR CHANGES TO MOSSBERG’S INVESTOR DIGEST INFORMATION (INCLUDING THE WEBSITE, REPORTS, AND E-MAILS) INCLUDING CHANGES TO THESE TERMS AND CONDITIONS AS PROVIDED FOR IN THIS AGREEMENT.
THIS DISCLAIMER BY PUBLISHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL REPRESENTATIONS TO THE FULLEST EXTENT ALLOWED BY LAW. IF ANY PORTION OF THESE DISCLAIMERS IS NOT APPLICABLE TO YOU AS A RESULT OF THE APPLICATION OF YOUR STATE LAW TO THIS AGREEMENT OR THESE DISCLAIMERS, YOU AGREE THAT THE DISCLAIMERS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY YOUR STATE LAW AND SHALL BE MODIFIED TO PROVIDE THE MAXIMUM DISCLAIMER POSSIBLE UNDER SUCH LAW. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT. MOSSBERG’S INVESTOR DIGEST SHALL NOT HAVE ANY LIABILITY WHATSOEVER EITHER FOR ANY COVER OR SETOFF OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY TO YOU, IF ANY, OF MOSSBERG’S INVESTOR DIGEST, SHALL BE LIMITED TO THE AMOUNT OF MONEY ACTUALLY RECEIVED FROM YOU.
13. Disclaimer of Securities Information
Investing and trading in stocks and other securities are risky. Investments in mutual funds, stocks and other securities mentioned in Mossberg’s Investor Digest Information carry an inherent element of risk, including the potential for loss of principal. The publisher cannot guarantee and you should not assume past performance of securities mentioned in Mossberg’s Investor Digest, is either an indication of or a guarantee for future results. Publisher cannot and does not give any assurance that the trades placed based on Mossberg’s Investor Digest Information will be profitable.
Mossberg’s Investor Digest Information may contain opinions and statements concerning or related to securities and investments. Mossberg’s Investor Digest does not represent, endorse, or warrant the timeliness, sequence, accuracy, or reliability of any such information. Neither Mossberg’s investor Digest nor any provider of information or content in Mossberg’s Investor Digest shall have any liability for investment decisions based upon, or the results obtained from Mossberg’s Investor Digest Information. See Disclaimer of Warranties, above. Mossberg’s Investor Digest is not soliciting you to execute any trade. Nothing contained in Mossberg’s Investor Digest Information is intended to be, nor shall it be construed as an offer to buy or sell securities or to give individual investment advice.
Mossberg’s Investor Digest does not offer individual investment advice and does not seek to know your specific investment objectives, financial situation, or particular needs. Mossberg’s investor Digest does not collect your financial information except as required for the receipt of your subscription. You agree that you have not provided the Publisher with your specific investment objectives, financial situation, or particular needs. You agree to use Mossberg’s Investor Digest Information for informational purposes only. You agree that the Publisher does not and has not provided you with any investment advice. The products mentioned in Mossberg’s Investor Digest Information may not be eligible for sale in some states or countries, and they may not be suitable for you. Before buying or selling any mutual fund, stock, security, or investment, read the prospectus carefully.
You agree that your use of Mossberg’s Investor Digest Information is at your own risk. You agree that any trades you execute following Mossberg’s Investor Digest Information are taken at your own risk for your own account.Publisher is neither a registered broker-dealer nor a registered investment advisor under the laws of the United States or any State or any other jurisdiction.
14. Third-Party Content
15. Liability and Indemnification
All Mossberg’s Investor Digest Information contains statements and data that have been obtained from sources believed to be reliable but their accuracy, completeness, timeliness, uninterrupted delivery, or usefulness is not guaranteed.
Your use of Mossberg’s Investor Digest Information is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all Mossberg’s Investor Digest Information. Under no circumstances, including but not limited to, negligence, shall Mossberg’s Investor Digest be liable for any direct, indirect, incidental, punitive, special, consequential, or other types of damages that result in any way from or are otherwise connected in any way to (a) the use, reliance, or downloading of any materials supplied by Mossberg’s Investor Digest, or (b) delays, errors, interruptions, mistakes, or omissions in any materials supplied by Mossberg’s Investor Digest, or (c) the inability to use Mossberg’s Investor Digest Information. You specifically acknowledge and agree that Mossberg’s Investor Digest is not liable for any conduct of any third-party user or provider.
You agree to indemnify and hold harmless Mossberg’s Investor Digest from and against any and all claims, causes of action, liabilities, expenses (including attorneys’ fees) and damages arising out of claims related to or arising out of or connected with or resulting from (1) your use or misuse of any products or services of Mossberg’s Investor Digest or information obtained from Mossberg’s Investor Digest or materials uploaded or downloaded or transmitted by Mossberg’s Investor Digest, including the website and the newsletter; and/or (2) any claims alleging facts that if true would constitute a breach by you of any of these terms and conditions or the terms and conditions referenced herein or on the website; and/or (3) claims made by any third party due to or arising out of your access to the website, receipt of the newsletter or use of your User Name or Password; and/or (4) the infringement by you, or any third party using your User Name and/or Password, of any intellectual property or other right of any person or entity.
You agree that your sole and exclusive remedy against Mossberg’s Investor Digest is to discontinue using Mossberg’s Investor Digest Information, accessing the website, and subscribing to the newsletter. Under no circumstances will Mossberg’s Investor Digest be liable to any newsletter subscriber or website visitor for any damage.
16. Intellectual Property
All contents of Mossberg’s Investor Digest Information are copyrighted by Mossberg’s Invesotor Digest or third-party content providers and are protected by United States and international copyright laws including protection as a collective work and/or compilation. Mossberg’s Investor Digest shall at all times be and remain the sole and exclusive owner of Mossberg’s Investor Digest Information (except for third-party information and links therein). Mossberg’s Investor Digest is the sole and exclusive owner of all the rights, titles, and interests in Mossberg’s Investor Digest Information including Mossber’s Investor Digest trademarks, copyright, trade names and other intellectual property rights. All materials displayed or provided to you in Mossberg’s Investor Digest Information (including but not limited to, text, graphics, logos, articles, photographs, images, illustrations, audio clips and video clips, all or any of which are referred to herein as ‘Content’) are protected by copyright, and owned or controlled by Mossberg’s Investor Digest or third parties. All rights are reserved. Mossberg’s Investor Digest, and other names of Mossberg’s Investor Digest products and services referenced herein or in Mossberg’s Investor Digest Information are trademarks of Mossberg’s Investor Digest. are the property of Mossberg’s Investor Digest. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any Mossberg’s Investor Digest trade name or mark or service name or mark that is similar or confusingly similar to the Mossberg’s Investor Digest trademarks.
All other trademarks, service marks, brands, and names are the property of their respective owners.
You agree that you will abide by all copyright notices, information, and restrictions contained in any Content you receive or access. You agree that you will not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, translate, reverse engineer, decompile, disassemble, license, upload, assign, retransmit, redistribute or post any part of Mossberg’s Investor Digest Information or in any way exploit, any of the Content, in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by the Publisher for download, for your use only, provided that you do not violate the copyright notices of third parties and provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. All forms of sub licensing, reselling, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any Mossberg’s Investor Digest Information are strictly prohibited.
You may use Mossberg’s Investor Digest Information for your own internal or personal use. Any other use of this information is strictly prohibited unless prior written permission has been obtained from the Publisher. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Mossberg’s Investor Relations or from the copyright holder thereof. The right to use any Content is not transferable to any other person or entity. You agree that you will not take any information out of context or use it in an unfair, misleading or discriminatory manner.You agree that you are fully and solely responsible for all use under your User Name and/or your Password and for ensuring that all use through you complies fully with the provisions of this Agreement.
You agree that you will make no claim on or use any of the intellectual property of Mossberg’s Investor Digest or any third party.
17. Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court in Tarrant County, Texas having jurisdiction thereof. The parties agree that a single arbitrator shall be agreed to by the parties. If the parties do not agree to a single arbitrator within 30 days of the initial request for arbitration, the parties authorize the American Arbitration Association to appoint a single arbitrator. The place of arbitration shall be Tarrant County, Texas. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration, provided, however, where this Agreement provides for the recovery of attorney’s fees, the arbitrator shall award such attorney’s fees. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.Mossberg’s Investor Digest shall have the right to pursue relief, including self-help and injunctive relief, without participating in arbitration, in claims involving the unauthorized use or disclosure or violations of the confidentiality of Mossberg’s Investor Digest Information.
18. Modification and Amendment
Publisher shall have the right, at its sole discretion, to change, modify, add, or remove terms of this Agreement at any time without notice and without your consent or approval. Except as provided for herein, changes shall be effective immediately. No changes will be applied retroactively. You agree to review periodically this Agreement and the other notices including Disclosures of Mossberg’s Investor Relations as posted on the website since subsequent use by you of this website shall constitute your acceptance of any changes, and any changes not otherwise effective immediately will be effective on the Renewal Date. Publisher shall have the right at any time to change or discontinue any aspect of the website, including, but not limited to, content, hours of availability and access. Such changes, modifications, additions, or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions.
Notwithstanding any other language in this Agreement to the contrary, you agree that Mossberg’s Investor Digest may, without notice to you, change its Disclosures and those changes will be incorporated into this Agreement.
(a) This Agreement shall be governed by the laws of the State of Texas and the United States of America without reference to conflicts of laws. Conflict of laws provisions shall be construed as to make the laws of the State of Texas applicable hereto and Tarrant County, Texas, as the venue of any dispute. Any action to enforce this agreement shall be brought in the federal or state courts located in Tarrant County, Texas.(b) The failure or delay in exercising or enforcing any right or remedy hereunder by the Publisher shall not constitute a waiver of any right or remedy, or future exercise thereof. (c) If any provision of this Agreement is determined to be unlawful, invalid or unenforceable under any applicable statute or rule of law, it is, to the extent of such provision, to be deemed omitted and shall not affect the validity and enforceability of the remaining provisions and the balance of the Agreement shall remain enforceable. (d) Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. (e) The respective rights and obligations of the parties under the Disclaimer, Indemnity, Intellectual Property, and Arbitration provisions, and other specific survival provisions of this Agreement shall survive the termination or expiration of this Agreement. (f) The parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. (g) Publisher reserves the right to make any and all changes to Mossberg’s Investor Digest Information at its sole discretion without notice to or consent or approval of the Subscriber. Publisher reserves the right to deny access to Mossberg’s Investor Digest Information to anyone at any time. (h) This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in Mossberg’s Investor Digest Information; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. (i) Neither party shall be in default or otherwise liable for any delay in or failure of performance under this Agreement if such delay or failure arises by any reason beyond its commercially reasonable control, including Acts of God, acts of an enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in communication or transportation, or any act or failure to act by the other party provided, however, lack of funds and/or non-payment by a party shall be deemed to be beyond that party’s control.