TERMS & CONDITIONS OF USE
Last updated: June 28, 2018
Please read the FredDunlap.com Terms & Conditions of Use (“Terms”, “Terms of Use”) carefully before using the FredDunlap.com website (the “Website”, “Service” ”) operated by XLH Publishing LLC (“us”, “we”, “our”, or “Company”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Age Specifications
You must be 18 years of age or older and warrant that you are of legal age to form a binding contract with the Company to use this website. By using this Website, you represent and warrant that you are 18 years of age or older and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Communications
When you subscribe to FredDunlap.com, you agree that the information you provide to us, usually your name and email address, will be processed to receive emails from FredDunlap.com related to FredDunlap.com’s content, updates, changes and opportunities. If you are located outside of the 32 countries affected by the GDPR (the EU EEA and Switzerland), when you subscribe, or if you opt in to receive any free resources, register for a webinar, seminar, a live event, or purchase products sold by us, we will automatically enroll you to receive our updates by email about upcoming events, news, time-sensitive opportunities and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you are located within the GDPR-affected countries, we will only enroll you to receive our updates by email about upcoming events, news, time-sensitive offers and other correspondence if you affirmatively consent to it. Should you change your mind and do not wish to receive our emails, you can opt out of receiving any, or all, of these communications from us by clicking the unsubscribe link at the bottom of every email or by following the instructions provided in any email we send.
Privacy
Your use of this Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy which also governs this Website. It informs you about what personal data we collect and store, how we ensure the security of that data both when it’s stored or transmitted to third parties we have a contractual relationship with to provide the requested products, services and functionalities of our Website to you. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Should there be errors or omissions on this Website, the Company, nor any of its owners or employees shall be held liable or held responsible for them or for any damage you may suffer.
Personal Responsibility
By using this Website, you accept personal responsibility for the results of your actions. You agree to use judgment and conduct due diligence before you take any actions or create or implement a plan of action suggested or recommended on this Website or through our email communication with you. You agree to take full responsibility for any harm or damage you may suffer as a result of the use or non-use of the information on this Website or the resources available for download from this Website.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@freddunlap.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at dmca@freddunlap.com.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of XLH Publishing LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of XLH Publishing LLC.
No Unlawful or Prohibited Use of Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website for your personal use in accordance with these Terms of Use.
As a condition of using the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms.
You will use the protected content on this Website for your individual use only.
The Company content on this Website, and any resources available for download, are not for resale.
Materials may not be reproduced in ANY edited form. Any other reproduction, transmission, performance, display or editing of these materials by any means, mechanical or electronic, without the express written permission of XLH Publishing LLC is strictly prohibited. Users wishing to obtain permission to reprint or reproduce any materials appearing on XLH Publishing may contact us at support@freddunlap.com. All contents of XLH Publishing and related sites are copyrighted by XLH Publishing LLC or other affiliates as may be indicated in the copyright notice.
You will not delete any or modify any attribution notices in any content. Nor are you entitled to make any unauthorized use of any protected content.
You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in such content.
For Educational and Informational Purposes Only
The information contained on this website and the resources available for download from this Website are for educational and informational purposes only. They are not intended as, or should not be construed as, legal, financial, tax, medical, health, or any other professional advice.
Links To Other Web Sites and Third Party Services
Our Service and FredDunlap.com may contain links to third-party websites or services, including those of advertisers, that are not owned or controlled by XLH. XLHealth Publishing LLC is not responsible for the claims or representations made by advertisers or sponsors. While these co-sponsored activities, banner ads and links originate on XLH Publishing, we do not operate them. For example, if you click on a link or banner advertisement, that click takes you out of XLH Publishing to either the service or ad provider’s site. These other sites may use cookies, collect data, or solicit personal information from you. Since we do not have control over the privacy practices or the content of these sites, we recommend that you check their privacy policies before giving out any personal information. XLH Publishing LLC and FredDunlap.com do not own, control, have access to or maintain any information collected by our co-sponsors or advertisers.
You acknowledge and agree that XLH Publishing LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
The Company is providing these links as a convenience to you. The inclusion of any link does not imply endorsement by the Company, the Website or the Company operators.
Certain products, services and functionalities on this Website are delivered by third-party websites and organizations. By using this Website and the services and functionalities provided on this Website, you acknowledge and consent that the Company may share share some of the personal data collected from you with the third party services we have a contractual relationship with to provide the requested product, service or functionality to our Website users and customers. Your personal data and the security of your information being transferred is outlined in our Privacy Policy. Once your information is transferred to the third party, the security and processing of your information is no longer controlled by the Company. It is subject to the third party’s privacy policy. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
International Users
The Company and this Service is controlled, operated and administered from our offices with the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through this Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service and/or unsubscribe to any email you receive. All provisions of the Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless XLH Publishing LLC and its licensee and licensors, and their affiliates, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall XLH Publishing LLC, nor its directors, employees, partners, contractors, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
IMPORTANT DISCLOSURE & DISCLAIMER INFORMATION
FredDunlap.com, DunlapRules.com and the Dunlap Investment Newsletter, a publication (the“Newsletter”), are owned and published by XLH Publishing LLC (the “Publisher”). The Publisher is not registered as an investment advisor, and relies upon the “publisher’s exclusion” from the definition of “investment advisor” as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws.
The Newsletter is a bona fide publication of general and regular circulation offering impersonalized investment-related advice and/or information to subscribers and/or prospective subscribers (e.g., not tailored to the specific investment portfolio or needs of current and/or prospective subscribers). The Newsletter’s commentary, analysis, opinions, advice and recommendations represent the personal and subjective view of the Publisher and are subject to change at any time without notice.
The information provided in the Newsletter is obtained from sources, which the Publisher believes to be reliable, however, the Publisher has not independently verified or otherwise investigated all such information. Neither the Publisher nor any of their respective affiliates guarantees the accuracy or completeness of any such information.
The publication of the Newsletter should not be construed by any subscriber and/or prospective subscriber as Publisher’s (i) solicitation to effect, or attempt to effect transactions insecurities over the Internet, or (ii) provision of any investment related advice or services tailored to any particular individual’s financial situation or investment objective(s). Subscribers do not receive investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of the subscriber’s individual investment portfolio or individual particular needs. Therefore, no subscriber should assume that his/her/its subscription serves as a substitute for individual personalized advice from an investment professional of the subscriber’s choosing.
The subscriber maintains absolute discretion as to whether or not to follow any portion of the Newsletter content. Publisher does not offer or provide investment or implementation services, nor does it offer or provide initial or ongoing individual personalized advice (neither in person nor via the Internet). It remains the subscriber’s exclusive responsibility to review and evaluate the content and to determine whether to accept or reject any recommendation and to correspondingly determine whether any such recommendation is appropriate for a subscriber’s investment portfolio or strategy (of which Publisher has and expresses no knowledge or opinion). Publisher expresses no opinion as to whether any of recommendations contained in the Newsletter is appropriate for a subscriber’s investment portfolio, strategy, financial situation, or investment objective(s).
The subscriber acknowledges that any past performance referred to in the Newsletter may not be indicative of future results and understands that any opinions contained on the Newsletter reflect the Publisher’s judgment exclusively as of that particular date. Therefore, no current or prospective subscriber should assume that the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended on the Site or in the Newsletter) will be suitable or profitable for a subscriber’s portfolio, or equal historical or anticipated performance level(s).
Each subscriber or prospective subscriber acknowledges and accepts the limitations of the Newsletter and agrees, as a condition precedent to his/her/its subscription to release and hold harmless Publisher, its officers, directors, owners, employees, advisors, affiliates, and agents from any and all adverse consequences resulting from his/her/its subscription. Neither the Publisher, nor any of its respective affiliates is responsible for any errors or omissions in any Newsletter.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them, and they apply to all use of, and access to, the Website thereafter. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. If you have any questions about these Terms, please contact us.
Contact Us
XLH Publishing LLC welcomes your questions or comments regarding the Terms:
XLH Publishing LLC
2220 Galloway Blvd.
Trophy Club, TX 76262
Email Address: support@freddunlap.com
Last Updated: June 28, 2018