Disclaimer and Terms of Service

• | Print |
•  Email

Details

Last Updated on Monday, 18 February 2013 19:07

These Subscriber Terms and Conditions (these “Terms”) govern the use by subscribers (“you” or “your”) to either or both of our Services, as defined below, which are published by Bluemound Asset Management, LLC (“we”, “our” or “us”) and made available on www.BluemoundAM.com, www.BluemoundAssetManagement.com, www.AmericanResourceBoom.com, www.Investorideals.com and any of our other websites that link to these Terms (the “Sites”).

1. Acceptance of Terms; Modification of Terms

By using any of our Services, you agree to comply with these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO OUR SERVICES. If you do not agree to these Terms, please do not use our Services. Our Services include information delivered via free or subscription content made available on or through any of our websites, emails or other distribution methods, i.e. Twitter, Facebook, Youtube, etc...

We may revise these Terms from time to time. If we change these Terms, a link to the revised version will be posted on the Sites and the effective date will be noted at the bottom of the Terms. You should review the Terms periodically for changes.

Your use of the Services after such changes to the Terms signifies your acceptance of the revised Terms.

2. Right to Use Services

Parts of the Sites, including parts relating to the Paid Service, may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER(S) ONLY. YOU AGREE FURTHER THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON. “Named User” means the identity of the person that is provided to us as the subscriber to any of the Sites.

3. Important Disclaimers Related to our Services

a. Accuracy of Information Cannot be Guaranteed

Our Services include investment and market information made available through various publications and sources. Although this material is based upon information that we consider reliable and current, we have not verified this information and do not represent that this material is accurate, current or complete, and it should not be relied upon as such. The opinions expressed in such publications are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it.

b. Compensation For Endorsing Products or Services in Publications, “Affiliate” Relationships

We regularly review or endorse products or services sold by other companies. In most cases, we have established a financial relationship with those companies and are given a fee, commission or reimbursement on sales we generate. Company policies are in effect that attempt to avoid changes to the price or quality of goods and services provided as a result of these relationships. While we value our subscribers' trust and endeavor to only endorse products and services we believe in, you are responsible for performing your own due diligence and evaluating whether such products or services are right for you.

c. Ownership of Securities Described in Our Publications

Kirk Spano, Bluemound Asset Management, LLC and other entities in which Mr. Spano has an interest, employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the securities or commodities described in the material published as part of our Services. Corporate policies are in effect that attempt to avoid potential conflicts of interest, and we endeavor to resolve conflicts of interest that do arise in a timely fashion.

d. Content Not to be Construed as Personal Investment Advice

The material published as part of the Services has been prepared for informational purposes only without regard to your individual investment objectives, financial situation or means. Information published as part of the Services is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. The material is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation or trading strategy would be illegal.

e. No Determination of Suitability Made; Not All Risks Disclosed; Private Advisors Recommended

The fact that we have made information available to you through various Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment described in the Services is suitable or appropriate for you. Many of the investments described by our Services involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.

4. Our Proprietary Rights & Privacy 

The Services and the content distributed through the Services, as well as all copyright, trademark and other rights therein, is the property of Bluemound Asset Management, LLC. You acknowledge and agree that you do not acquire any ownership rights by using the Services. You agree that you will not copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via email or any other medium any content made available through the Services without first receiving permission from us. Nothing contained herein shall be construed as conferring any license or right under any of our copyrights, trademarks or other rights. 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. You may forward, retweet, post, discuss or dance about singing of items that we have posted on Twitter, Facebook, Youtube, LinkedIn or on a fee public commercial news website, i.e. MarketWatch.com or Motley Fool.

We agree not to share your personal information unless you expressly grant us permission to do so.

5. Termination of Your Subscription

We hope that you will be fully satisfied with our Services. The following terms apply in the event that you would like to terminate your subscription to our Services:

You may terminate receipt of any of our Service publications at any time by sending us a request to remove yourself from the relevant distribution list or simply using the Unsubscribe links located on our websites. Simply respond "remove" in order to remove yourself from the distribution list. If you feel you have been signed up incorrectly and do not wish to have access to the Free Service publications, you can remove yourself from the list by sending an email request to  This email address is being protected from spambots. You need JavaScript enabled to view it.  using your email account you wish to be unsubscribed.

Our Paid Service publications come with an unsubscribe option on our website.  Services are paid for the term agreed upon and there are no options for a money back guarantees or that allow you to recover a portion of your purchase price.  This is our policy because we believe it takes an extended period of time to fully evaluate us and because we do not want short-term subscribers collecting our content and shirking the fee.  We suggest subscribing for a month if you are not certain you would like to subscribe annually.  

 We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion. If we do so, we will promptly refund to you a pro-rated refund of the amount of the subscription payments you previously paid which relate to the remaining subscription period. Termination of your subscription to any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.

6. Additional Terms Applicable to User Contributed Content

Our Services may include comments, articles and other content which have been contributed by you or other third parties (“User Contributed Content”). You agree to be personally responsible for any User Contributed Content you submit to us and you agree to comply with the following additional terms applicable to User Contributed Content.

a. Acceptance

Your submission of User Contributed Content constitutes your acceptance, without modification, of these Terms. If you do not agree with these Terms, you should not submit User Contributed Content.

b. License

By posting or submitting content to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, use, copy, display and distribute such User Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such User Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your User Contributed Content.

You may contact us electronically by emailing us at webmaster@americanresourceboom.com or in writing to:

Bluemound Asset Management, LLC c/o ARB

13500 Watertown Plank Road, Suite 202

Elm Grove, WI 53122

7. International Use

Information published in connection with our Services may contain references to information and materials that are not appropriate or available in countries or regions outside of the United States. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.

8. Disclaimer of Warranties

The Services and any content distributed through the Services is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Services or otherwise shall create any warranty.

Neither us nor our officers, managers, members, employees, affiliates and agents will have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure to maintain your access to the Services, or for any interruption or disruption of such access. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the Services.

Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties or any other cause beyond our control.

9. Limitation of Liability

In no event will WE or any of our officers, managers, members, employees, affiliates, consultants, contractors or third-party content providers be liable for any special, indirect, incidental, consequential, EXEMPLARY OR PUNITIVE damages, LOST PROFITS OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT AND SEEK A REFUND PER THE TERMS DESCRIBED IN SECTION 4. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

10. Indemnification

You agree to indemnify, defend and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Services; (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using the Services in any manner not authorized by us; or (d) any User Contributed Content submitted by you.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin and the United States of America, without giving effect to any principles of conflicts of law. You agree that any conflicts will be resolved internally or via an arbitrator selected by us subject to applicable law.  You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

12. Miscellaneous

These Terms represent the entire agreement between you and us relating to your use of the Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.

13. Contacting us:

You may contact us electronically by emailing us at Kirk@americanresourceboom.com or in writing to:

Bluemound Asset Management, LLC

13500 Watertown Plank Road, Suite 202

Elm Grove, WI 53122