TERMS & CONDITIONS
Weiss Ratings, LLC (Weiss Ratings) is strictly a financial ratings and research publishing firm (a publisher) and does not provide individual investment advice to its subscribers. Weiss Ratings is not a registered investment adviser or a registered securities broker/dealer.
For purposes of these Terms and Conditions of Service, the term “Weiss Ratings” (also “we,” “us”) includes Weiss Group, LLC (Weiss Group) and its related companies, subsidiaries, divisions and brands.
The information we publish is based on our ratings plus our statistical and financial data and independent research. Our ratings are the result of data collection and analysis by what we believe to be a sophisticated and rigorous computer model. However, how we construct that model is based on our view of the world. As such, a rating is, ultimately, the expression of our opinion. If we give a particular investment or cryptocurrency an “A” (“excellent”) it doesn’t mean that grade represents an absolute truth. It means that, in our opinion, the cryptocurrency has a achieved an excellent balance among the factors we deem to be important with regards to the relevant risk, reward, technology, and adoption. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendations to buy, hold, or sell investments, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person. Such recommendations may only be made by a personal adviser or broker you select.
Cryptocurrencies carry a high degree of risk. The SEC, CFTC and other regulators have expressed concerns with the volatility of the market and the actions of sponsors of specific cryptocurrencies. So be sure to review their official consumer alerts, especially the SEC’s “Statement on Cryptocurrencies and Initial Coin Offerings” as well as the CFTC’s “Customer Advisory: Beware Virtual Currency Pump-and-Dump Schemes.” In addition, trading in securities (including, without limitation, stocks, options, warrants, ETFs, mutual funds, precious metals, commodities, and bonds) is considered speculative and involves risk of loss and volatility. Although the Services make every effort to protect your principal, you can lose money. Therefore, they are not intended for all of your funds. If your goal for a certain portion of your funds is strictly capital preservation, we believe you should invest those funds in conservative investments such as short-term US Treasury securities or equivalent. For more information on prudent investing, also see the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.FINRA.org. Any money you allocate to speculative investments should be strictly the money you can afford to risk without jeopardizing your daily life, and without negatively impacting your plans for education, retirement, or long-term care.
Unlike the data available on issuers of stocks and bonds, data in the cryptocurrency world is not scrutinized by auditors, regulators and exchanges. Although we make every effort to verify and “clean” the data we receive or collect, you should be aware that it can sometimes be less reliable than data we use to create our ratings on other investments, such as stocks, ETFs and mutual funds. When evaluating blockchain technology, there is no hard and fast rule for which particular feature is important and which one is not. One analyst’s opinion could be different from another’s. Thus, to build an objective model and help control for bias, we have developed what we call a “query tree” – a hierarchical series of questions about each major feature, and then, each critical aspect of that feature. With these, each cryptocurrency earns or loses points, which then are compiled into our Technology Index. Bear in mind, however, that the Technology Index is just one out four indexes in our Weiss Cryptocurrency Ratings model.
REQUIRED RISK DISCLOSURE STATEMENT
Notice: Examples of potential performance returns which we cite may sometimes be based on simulated — not actual — trades, assuming entry and exit prices that could have been obtained during regular market conditions. These entry and exit prices calculated do not reflect or include costs of spreads, market delays, or fees and commissions. Similar returns may or may not be actually achieved by subscribers. While every effort is made to evaluate the actual experience of subscribers, performance figures must be considered hypothetical, and past results are no guarantee of future performance. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. References to examples of past performance are not intended to provide a total picture of portfolio results. Your results may vary considerably depending on a series of factors, including: (a) when you begin or cease investing, (b) which recommendations you choose to act on, (c) how much money you choose to invest in each recommendation, (d) the specific prices you get, (e) the broker commissions you pay, (f) the interest income you earn on uninvested funds, and (g) the number and magnitude of losing or winning trades you experience.
Privacy Protection and Opt-In Policy: We do not contact customers or viewers unless requested to do so by those individuals requiring or requesting further information from us. For many of our services, both paid and free, Weiss Ratings requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials sent from Weiss Ratings. The only customers who will receive offers from organizations outside of Weiss Ratings are those who specifically "opt-in" to receive that information. Note that they can choose to "opt-out" of those distribution lists at any time.
Registrants are "opted out" of receiving future mailings regarding product updates and promotions by default in the registration process.
Registration and Privacy: In order to gain access to portions of our Services, you must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of your use of our Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to maintain and promptly update your registration data to keep it true, accurate, current and complete.
As a member, you also have certain other obligations relating to your account:
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Important Disclaimer Regarding the Information We Provide
Independent Contracted Editors: Weiss Ratings is strictly a publisher of financial information. Neither Weiss Ratings nor any of its affiliated companies are registered investment advisers or broker/dealers. However, at times Weiss Ratings has agreements with independent editors who are or have acted in their own capacity as an investment advisor or broker outside the scope of their editorial responsibilities with Weiss Ratings. Any business relationship you may enter with an independent editor is not associated, condoned, affiliated or endorsed by Weiss Ratings. Any independent editor acting in their capacity as a registered adviser or broker is OUTSIDE the scope of their agreement and contracted responsibilities with Weiss Ratings. Subscribers should not view any of our publications as offering personalized legal or investment counseling.
User Conduct: You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, blog sites, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Services, you agree not to:
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- se the Services for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
- "Frame" or "mirror" any content available through the Services or any of our websites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
- Harvest or collect information about users of the Services without their express consent.
You also agree that at all times you will:
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Intellectual Property: Weiss Ratings’ publications and websites, including but not limited to text, content, photographs, video, audio, and graphics (the "Service or Services"), are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Services are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Services.
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Links to Other Websites: Your use of certain services made available to you by Weiss Ratings may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any Service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of these services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at Your own risk.
Third-Party Content and Advertisers: Certain areas of Weiss Ratings publications and/or websites may include “External Sponsorship” advertisements, which are provided by outside entities or persons unaffiliated with Weiss Ratings. All the information, data, images or other content contained in those ads, or in the websites and publications to which they are hyperlinked, are the sole responsibility of the entity or person who provided them and are based on their own opinions, forecasts or philosophy, which may differ from those of Weiss Ratings. You acknowledge that Weiss Ratings is not the provider of external sponsorships and, as such, does not guarantee their accuracy, integrity or quality.
Weiss Ratings also sells paid advertising in an online medium known as co-registration, where advertisers’ offers are presented to users. You acknowledge that any business dealings you may have with advertisers found on or through Weiss Ratings, including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser. You agree that Weiss Ratings shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Services. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial adviser or a licensed broker before buying or selling any security or investment recommended by an outside advertiser.
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Copyright/Trademarks: The entire contents of the Weiss Ratings websites (the “Sites”), including all materials contained on such Sites (the “Materials”) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Weiss Ratings owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks on the Sites are the service and trademarks of Weiss Ratings. Without Weiss Ratings prior written permission, you shall not display, reproduce, or use, in any manner, any such marks; nevertheless, all goodwill associated with any use by you thereof will inure exclusively to Weiss Ratings or their respective owners. The Materials may not be copied, reproduced, or distributed in any way, in whole or in part, without the express prior written permission of Weiss Ratings, unless and except as is expressly provided in these Terms and Conditions. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
Automatic Renewal: Your Weiss Ratings subscription will renew automatically at the end of the Initial Term for successive Renewal Terms, each equal to the Initial Term, unless you notify us of your decision to cancel or not to renew your subscription, as outlined below in our Cancellation/Termination Policy. As described in the initial subscription information provided, as part of our Automatic Renewal program the then-applicable subscription renewal fee will be billed to the credit card you designated during the initial subscription process (or that you subsequently changed). As a convenience to its users, Weiss Ratings subscribes to a third party service wherein if your credit card details change your card provider may provide Weiss Ratings with that updated card information (“Account Updater”). We may use this new information for your future subscription payments.
Cancellation/Termination: You may remove the benefit of automatic renewal by notifying our Customer Service Department by telephone at (877) 934-7778 Monday through Friday between the hours of 8:30 a.m. and 5:30 p.m. EST. Your cancellation will take effect once you receive a confirmation email from us. The terms governing any refunds of subscription fees paid for Services are provided in the various offers for each product. It is your responsibility to read and understand the terms of that offer. If you have questions, please call our Customer Service Department at (877) 934-7778 or email them through our Contact Us web page. If you wish to cancel your membership, please call our Customer Service Department at (877) 934-7778, through our Contact Us web page or directly at firstname.lastname@example.org.
Basic refund policy: In the absence of specific refund terms for a Service as discussed in the Cancellation/Termination section above, subscribers to a Service may cancel their subscription and receive a pro-rated refund on the unused balance of their subscription at any time. All cancellations and refund requests must be made by contacting the Weiss Ratings customer service center as noted above. Once received, all such requests for pro-rated refunds will be granted with no additional requirements.
PERSONAL USE LICENSE:
“Personal Use” shall mean use of the Material for your customary personal purposes. "Personal Use" shall not mean any distribution for commercial purposes whatsoever of the Material or any component or derivative work thereof. “Personal Use” shall not include any use of the Materials by persons that are not members of your immediate household. All such household members shall be notified by you as to the Terms and Conditions of this Agreement and shall agree to be bound by it before they can have use of the Materials.
This License is subject to Weiss Ratings Terms of Service. There is no warranty, express or implied, provided with the purchase of the Materials, including with respect to fitness for a particular purpose. Weiss Ratings will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery of or your use of the Materials.
User Submissions: You may submit editorial requests, creative suggestions, ideas, notes, concepts, information, feedback, testimonials or other materials (collectively, “User Submissions”) to Weiss Ratings through a variety of media, including without limitation through e-mail or online submissions. You grant us, including any of our assignees, a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual and irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import User Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. By providing a User Submission, you also acknowledge that the User Submission may be posted online or otherwise reproduced by Weiss Ratings, and waive any privacy or publicity rights you may have relating to the User Submission or use of your name or identity in conjunction therewith.
Weiss Ratings may, at its sole discretion, remove or prevent access to, in whole or in part, any online User Submission, for any reason or no reason, including any material it deems in violation of its standards in its sole discretion. The disclaimers applicable to Third-Party Content and Advertisers, as outlined in that section of these Terms and Conditions, also apply to User Submissions.
By submitting your name, you allow Weiss Ratings to publish your comment/testimonial and you also state that:
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- The information that you include in your comment is accurate and complete.
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You shall not alter, create derivative works or make any changes or additions to any material obtained from Weiss Ratings. For the purpose of this Agreement, "derivative works" shall mean any changes to the documentation underlying the Services or Materials, or creation of any new document that contains any portion of the Services or Materials or any underlying documentation.
You shall not provide third parties with direct access to Weiss Ratings’ Services or Materials so that such third parties may use those Services or Materials directly.
You shall not co-brand or alter any trademarks or copyrights.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine usage); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms and Conditions or Weiss Ratings without the prior written consent of Weiss Ratings.
Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Weiss Ratings makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Weiss Ratings does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Weiss Ratings, its suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Weiss Ratings, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Weiss Ratings by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, resources, goods or advertisements (including those for which Weiss Ratings may receive compensation) that may be linked to the Service is not maintained or controlled by Weiss Ratings. Weiss Ratings is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Weiss Ratings does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. Weiss Ratings is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Weiss Ratings and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms. You acknowledge that the Service is provided for information purposes only and is not intended to be used as customized recommendations to buy, hold, or sell securities, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person. Weiss Ratings does not guarantee the sequence, accuracy, completeness or timeliness of the Service and the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Weiss Ratings is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Weiss Ratings, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
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Termination of Terms: Either you or Weiss Ratings may terminate the Terms at will, at any time and effective immediately. You may terminate the Terms by discontinuing use of the Service and destroying all materials obtained from the Service. The Terms will terminate immediately without notice from Weiss Ratings if you, in Weiss Ratings’ sole discretion, fail to comply with any provision of these Terms. Upon termination by you or upon notice of termination by Weiss Ratings, you must destroy promptly all materials obtained from the Service and any copies thereof.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Palm Beach County in the State of Florida with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms of service.
Accessing Services Outside the United States: Weiss Ratings does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.
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Severability of terms: If any provision of the Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Changes to the Terms of Condition and Use of Our Services: We reserve the right at any time to:
- Change the Terms and Conditions of the use of our Services;
- Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing outside contributors, ceasing to provide access to a Service, and/or providing an alternative Service to You as a replacement); or
- Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to our Use of Service will be effective immediately after we post the modified Use of Service on Weisscryptos.com. In the event that you have our Use of Service cached on your browser, the Use of Service that applies to you is the most recent version of the Use of Service that appears on a non-cached browser. In addition, if a Service is added or removed, or the terms of its engagement has changed, the Use of Service may be modified with respect to such Service. You should check our Use of Service frequently.
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ACKNOWLEDGEMENT AND AGREEMENT
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