Terms of Use & Disclaimer
SHEEKSFREAKS OR SHEEKSFREAKS LLC DOES NOT CONSTITUTE FINANCIAL OR OTHER ADVICE – READ DISCLAIMER AND TERMS OF USE.
GENERAL DISCLAIMER
This site is not intended to provide any investment, financial, legal, accounting, tax or similar advice, and nothing on this site should be construed as a recommendation by Dan Sheeks, SheeksFreaks, LLC, or their employees, agents, or affiliates to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction.
TERMS OF USE
By accessing this website and any materials presented herein (the “Site”), you accept in their entirety and without modification the following terms and conditions (“Terms of Use”) pertaining to the use of the Site. SheeksFreaks, LLC reserves the right to change the terms, conditions and notices under which the Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use. If you do not agree with the Terms of Use, you are not granted permission to access or otherwise use the Site.
BY USING THIS SITE, YOU OR YOUR PARENT/GUARDIAN AGREE THAT YOU ARE THIRTEEN (13) YEARS OF AGE MINIMUM or older and, if you are under eighteen (18) years of age, you have permission of a parent or guardian to use this site.
No Advice; No Reliance; No Warranty
THE SITE AND THE INFORMATION INCLUDED HEREIN IS FOR EDUCATIONAL AND INFORMATION PURPOSES ONLY. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
SheeksFreaks LLC is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of information provided on the Site. Any reliance you place on such information is therefore strictly at your own risk.
The Site (including all of its content) is provided to you “as is.” SheeksFreaks LLC makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Past performance of any investment strategy presented on the Site is not necessarily indicative of future results. There is the possibility of loss and all investment involves risk including the loss of principal. SheeksFreaks LLC has no obligation to update, modify or amend this Site or to otherwise notify a user thereof in the event that any matter stated herein, or any opinion, projection, forecast or estimate set forth herein, changes or subsequently becomes inaccurate.
Limitation of Liability; Indemnity
IN NO EVENT, AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SHEEKSFREAKS LLC OR ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR DAMAGES RESULTING FROM LOST PROFITs) ARISING OUT OF THE USE, OR INABILITY TO USE, OF THIS SITE, ANY WEBSITE LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS OR ANY SUCH WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the SheeksFreaks LLC and its managers, members, employees, agents, affiliates, successors and assigns from and against any and all damages, losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use or misuse of the Site and/or information contained in the SIte; (b) your breach of these Terms of Use; or (c) a violation by you of any applicable law or regulation, or agreement or obligation to a third party.
Ownership
SheeksFreaks LLC owns and maintains the Site. Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the “SheeksFreaks” service mark. No act of downloading or otherwise copying from the Site will transfer title to any software or material to any user hereof. SheeksFreaks reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.
Third Party Websites
SheeksFreaks LLC is responsible only for the content of this Site and it has no control over other websites that may be accessible from this Site, the contents therein or the products/services offered thereby. Hyperlinks to or from this Site do not constitute third party endorsement of, sponsorship by or affiliation with SheeksFreaks LLC.
Automatic Renewal
Your paid subscription will renew automatically unless you cancel your subscription (see Cancellation on how to cancel). You must cancel your subscription before your renewal date to avoid being charged subscription fees for another year.
Cancellation
You may cancel your subscription(s) at any time by logging into your SheeksFreaks account, going to your membership preferences and clicking on the “Cancel” link. If you cancel your paid subscription, you will still have access to your account until your paid membership expires (at the end of your paid-up year). If you cancel within your year-long membership plan, you will NOT be refunded any of your membership payments. Additionally, we may terminate your subscription for a violation of the Terms of Use.
General
These Terms of Use are governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflicts of law principles, and the laws of the United States of America.
Any dispute related to these Terms of Use shall be resolved by binding arbitration under the auspices of the American Arbitration Association and the rules promulgated by that body and before a single arbitrator chosen by SheeksFreaks LLC. The arbitration shall be conducted in Denver, Colorado, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. SheeksFreaks may seek any interim or preliminary relief from a court of competent jurisdiction in Colorado, necessary to protect its rights pending the completion of arbitration. You consent to the exclusive personal jurisdiction of such Colorado arbitrator and/or courts for the purposes of any dispute relating to the Terms of Use.
If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to your access to the Site, and supersedes any prior agreement or understanding.