Terms and Conditions
Important Disclaimers, Disclosures, and Legal Information
Wealth Stream Capital Corp. (“Wealth Stream” “we,” or “us”) provides its web site, Investment Diary (“website” “site”), located at http://www.investmentdiary.com, to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
Wealth Stream Capital Corp. – Investment Diary is Copyright © 2013 by Wealth Stream Capital Corp.. All rights are reserved. Under no circumstances does Wealth Stream Capital Corp. allow its content on Investment Diary and its copyrighted material to be posted outside of the website.
2. Changes to the UA
We reserve the right at any time to:
- Change the terms and conditions of the UA;
- Change the Site, including eliminating or discontinuing any content or feature of the Site; or
- Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
Investment Diary may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Your Rights to Use the Services on Investmentdiary.com
Certain parts of Investment Diary, including parts related to any paid Services, may be accessed only with a User ID and Password. By using this site, YOU AGREE THAT ANY ACCESS TO THIS SITE AND ITS 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.
4. Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Investment Diary does not render general or specific investment advice and does not endorse or recommend the business, products, services or securities of any industry or company mentioned on this Site.
To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
From time to time, Wealth Stream Capital Corp. and its directors, officers, employees or members of their families and friends, as well as persons interviewed for articles on the site, may have a long or short position in securities mentioned and may make purchases and/or sales of those securities in the open market or otherwise. While Investment Diary is not compensated by cash to conduct specific research on companies mentioned, its directors may own options, stocks, and warrants in the companies it researches. We will always disclose if we have a position in any of the companies mentioned on this Site, at the time of the writing. However, we are not required to update when we sell, or when we buy more of any of the securities mentioned in a particular article.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
4. No Investment Recommendations or Professional Advice
The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Investment Diary or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation. You should also consult a licensed professional, such as your financial advisor or broker-dealer, when dealing in any securities.
Investment Diary does not guarantee the accuracy or thoroughness of the information reported.
Investment Diary may receive a fee from companies that are featured throughout the site and any posts made by us may be considered advertising. Information, therefore, cannot be construed as unbiased. Participating companies, including our partners and affiliates, provide the logos used in Investment Diary Weekly and on Investment Diary.com. These logos are trademarks and are the property of the individual companies.
Please follow the rules and feel free to spread the word. Information is knowledge and knowledge should never be restricted.
5. Paid Service Subscriptions
Paid service subscriptions generally come with either a limited-time money back guarantee or allow you to recover a portion of your purchase price. The term of the guarantee varies with each offer, and it is your responsibility to understand and comply with the offer terms prior to subscribing. If for any reason during your subscription period that you are not satisfied with a paid service subscription, you may cancel your subscription by contacting us within the period and you will either receive a partial refund of your purchase price depending on the terms of the offer. You may cancel your subscription and receive a pro-rated refund for your paid subscription only for the month in which you cancel. For annual subscriptions, no refunds are available after the end of the 5th month, and maximum refund for annual subscriptions is equal to 50% of the cost of the annual subscription.
6. Our Right to Terminate your Subscription.
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.
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.
8. 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 Canada. 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.
9. 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.
10. 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.
11. Governing Law and Forum
The Agreement shall be construed and enforced in accordance with the laws of the Province of British Columbia, Canada (without regard to its conflict of laws rules) and the applicable federal laws of Canada. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and agree to: (i) submit themselves to the exclusive jurisdiction and venue of the courts of the Province of British Columbia, Canada; and (ii) irrevocably waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
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. Legal Notices.
General Notice and Disclaimer
This notice and disclaimer applies to Investment Diary.com operated by Wealth Stream Capital Corp., a company continued under the laws of the British Columbia, Canada and its subsidiaries, affiliates, assigns, successors and related entities (“Investment Diary”).
Investment Diary.com is an on-line portal focusing on financial information. Investment Diary does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on Investment Diary.com (the “Service”), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. In particular, none of the Materials is provided on Investment Diary.com with a view to inviting, inducing or encouraging any person to make any kind of investment decision. Securities or other investments referred to in the Materials may not be suitable for you and you should not make any kind of investment decision in relation to them without first obtaining independent investment advice from a person authorised to give it.
Investment Diary reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. Materials may be delayed as specified by Stock Exchanges and other sources. Investment Diary specifically represents that it does not give investment advice or advocate the purchase or sale of any security or investment. None of the information contained in the Materials constitutes an offer to sell or the solicitation of an offer to buy any security or other investment or an offer to provide investment services of any kind. Investment Diary and our affiliates, officers, directors, and employees, including persons involved in the preparation of proprietary content on Investment Diary.com and affiliated websites, may from time to time, have long or short positions in, and buy and sell the securities or derivatives (including options) of companies mentioned in proprietary content on Investment Diary.com and affiliated websites.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY INVESTMENT DIARY AND OTHER INFORMATION PROVIDERS ON AN “AS IS” BASIS, AND INVESTMENT DIARY AND OTHER INFORMATION PROVIDERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL INVESTMENT DIARY AND OTHER INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS
Important Information About Investment Diary
The companies featured by Investment Diary.com are typically development-stage companies that pose a much higher risk to investors. When investing in speculative stocks of this nature, it is possible to lose your entire investment over time.
In some cases, we may talk about companies that are advertisers of other sites owned and operated by Wealth Stream’s directors. The specifics as to the compensation that we receive on behalf of any company that we cover are detailed in our Investment Diary Conflict and Disclosure Policy (at the bottom of this page). However, we believe that it is in the best interest of our members to note that when making an investment opinion. Questions or comments regarding the companies featured on our website should be directed to the companies listed within.
In addition, many of our third party content providers may offer us compensation from subscriptions or services generated or directed from our website. Each agreement with our third party providers varies. Specific compensation may be obtained by emailing us at info@Investment Diary.com with the subject line “compensation disclosure” To the degrees enumerated herein, this website and Investment Diary’s newsletter should not be regarded as an independent publication.