Legal Policy - Updated 2/11/2016
By using our site or subsequent sites owned by RealTalk Financial Associates, Inc ("Site"), you are agreeing to comply with and be bound by the following terms and conditions. You need to agree to all of the following terms and conditions, to use this Site. The terms "RealTalk Financial", "us", "we" or "our" refer to RealTalk Financial Associates, Inc. The term "Service" includes, but is not limited to, the text, emails, content (both electronic and “hard copy”), graphics produced by RealTalk Financial Associates, Inc and appearing on this Site. The terms "you" and "your" refer to the user of the Service or viewer of this Site.
Acceptance of Agreement
By using this Site, you represent to us that you have read and agree to the terms and conditions set forth in this document, which constitutes a legal and binding agreement between you and us (the "Agreement"). This Agreement constitutes the only and entire agreement between you and us, and supersedes all prior agreements, representations, warranties and understandings with respect to your use of the Site and the Service. This Agreement may be amended at any time by us, and from time to time, without any notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using or viewing this Site or the Service. You also agree to comply with U.S. law regarding the transmission of any information or data obtained from the Site or the Service in accordance with this Agreement. You also agree to not disrupt or interfere with the Site or the Service or use the Site or the Service for illegal purposes.
Copyrights and Trademarks
The works of authorship contained in the Service, including but not limited to all data, design, text, images, charts, audio, video or other data compilations or collective works, and all trademarks, trade names, service marks and other intellectual property, are owned, except as otherwise expressly stated, by RealTalk Financial or one of our data providers, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of RealTalk Financial in each instance. You agree to abide by all copyright notices or restrictions contained in the Site or the Service.
Disclaimer and Limitations of Liability
All information, data and analysis contained in the Site or the Service are provided "AS IS" and without warranty of any kind, either expressed or implied. All information, data and analysis provided by the Site or the Service is for informational and educational purposes only and is not a recommendation to buy or sell a security or basket of securities, including but not limited to equities, options and other derivative products, fixed income products, and ETFs. RealTalk Financial believes all information, data and analysis contained in the Service to be accurate, but does not guarantee its accuracy. Under no circumstances, including, but not limited to, negligence and gross negligence, shall RealTalk Financial, any of RealTalk Financial's affiliates, employees, or other third party data providers be liable to you for direct, indirect, consequential, incidental, special, punitive or exemplary damages even if an authorized RealTalk Financial representative has been advised specifically of the possibility of such damages, arising from the use of or inability to use the Site or the Service, such as, but not limited to, losses, loss of revenue, anticipated profits or lost business. In no event shall RealTalk Financial's total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site or using the Service. All opinions expressed on this Site are subject to change without notice, and you should always obtain current information and perform appropriate due diligence before making trades or investment decisions. RealTalk Financial, any of RealTalk Financial's affiliates, employees, may have long or short positions in the securities discussed in the Service and may purchase or sell such securities without notice. RealTalk Financial uses various methods to evaluate investments which may, at times, produce contradictory recommendations with respect to the same securities. The performance of RealTalk Financial's past recommendations or investments is not a guarantee of future results and there is no guarantee that the results achieved in the past will be achieved in the future. As with all investment decisions (sales, purchases and short sales) you should perform your own independent research to determine if a given asset, stock, bond, ETF, option, future, commodity is suitable to your own unique risk tolerance. FURTHER, ALL INVESTMENTS CAN LOSE MONEY.
The securities mentioned in this Site or in the Service may not be suitable for all types of investors; their value and income they produce may fluctuate and/or be adversely affected by a multitude of factors that RealTalk Financial has not researched nor tends to research.
Intellectual Property Complaints
If you believe that content on any of the RealTalk services has violated your copyright or other intellectual property right, please write to our Designated Agent providing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right alleged to be infringed
- a description of the copyrighted work or other intellectual property that you claim to have been infringed;
identification of the material that you claim to be infringing including information regarding its location that would enable it to be located and if possible the URL of such infringing material;
- information that would enable us to contact you, such as your address, telephone number, and email address (if available);
- a statement by you to the effect that you believe in good faith that the use of the infringing material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, under penalty of perjury, that the above information contained in your communication is accurate and that you are authorized to act on behalf of the owner of copyright or other intellectual property right;
Your notice with the above information to be effective should be sent to our Designated Agent for notice of claims of infringement of copyright and intellectual property rights at the following address:
Gilbert Parris, Esq.
Please take note that if you knowingly misrepresent that any material or activity is infringing, you may be subject to liability under Section 512(f) of the Copyright Act.
Termination of Service
Either you or RealTalk Financial may terminate this Agreement with or without cause at any time and effective immediately. You may terminate the Agreement by discontinuing use of the Service and destroying all materials obtained from the Site or the Service. This Agreement will terminate immediately without notice from RealTalk Financial if you, in RealTalk Financial's sole discretion, fail to comply with any provision of this Agreement. Upon termination by you or upon notice of termination by RealTalk Financial, you must promptly destroy all materials obtained from the Site or the Service and any copies. The Copyrights and Trademarks and Disclaimer and Limitations of Liability provisions of this Agreement shall survive any termination of this Agreement.
If the service is canceled by you, for any reasons within 30 (thirty) days of your initial sign-up a minimum charge of 30 (thirty) days of service will be due and charged, the remaining balance, if any, will be promptly refunded. If you cancel after 30 (thirty) days of sign-up a pro-rated refund will be given.
Automatic Renewal and Pricing
By accepting this agreement you authorize RealTalk Financial to automatically renew your service at the then prevailing rate in effect at the time of your renewal. You understand that your credit card will be kept on file with RealTalk Financial. It will be automatically charged for another term of the service and will continue to be charged at each anniversary, or month (dependent on your subscription term), until you cancel such service. RealTalk Financial will, 30 days before your credit card is automatically charged, send to your email that is on file, notification that your account is set to automatically renew and that your credit card will be charged. RealTalk Financial reserves the right to change the pricing of the Services at its soul discretion and without notification. RealTalk Financial has no obligation to ensure that your email that you have provided to the Site for notifications is accurate, up-to-date or that notifications are received to that email. Not receiving an email from the Site regarding the auto-renew feature of the website does not relieve you of your agreement for auto renewal.
This Agreement and the relationship of the Parties in connection with the subject matter of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Virginia, applicable to contracts entered into and performed within the state. The Parties hereby submit to the non-exclusive jurisdiction of the Federal or state courts located in Richmond City, Virginia. The parties unconditionally waive their respective rights to a jury trial for any claim or cause of action arising out of or relating to, directly or indirectly, this Agreement, any of the related documents, or any dealings between them arising out of or relating to the subject matter of this transaction or any related transactions.
The Site or the Service may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions, such as acts of god, war or terrorism. Although RealTalk Financial makes every reasonable effort to minimize such downtime, RealTalk Financial does not guarantee full availability of the Site or the Service.
If any provision of this Agreement is found invalid or unenforceable, the following section on Limited Remedies & Liability provision will be enforced to the maximum extent permissible, and the other provisions of the Agreement will remain in force.
LIMITED REMEDIES & LIABILITY
IN NO EVENT SHALL RealTalk Financial BE LIABLE FOR ANY OF THE FOLLOWING: LOST PROFITS, LOST REVENUE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WITH RESPECT TO THE DATA COMPONENTS OF ANY DATA SERVICE, SUCH COMPONENTS ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER RealTalk Financial NOR ANY OTHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY DATA SERVICE, AND RealTalk Financial EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE
No modifications of this Agreement shall be valid or binding on either party unless acknowledged in writing and signed by a duly authorized officer of RealTalk Financial. All notices or other communications given under this Agreement shall be in writing, sent to the address set forth below as principal place of business or such other addresses as RealTalk Financial may designate pursuant to this Section, by overnight courier or personal delivery. Notice shall be deemed given upon receipt. A copy of any notice or other communication given by you to RealTalk Financial shall be sent to:
PO Box 2483
Chesterfield, VA 23832, U.S.A.
Proprietary features and services on RealTalkFinancial.com may be the subject matter of pending and issued patents assigned to RealTalk Financial, LLC. and/or its subsidiaries and affiliates. Any violation of an issued patent will result in legal action against the violating party from RealTalk Financial, LLC.
RealTalk Financial, RealTalkFinancial.com, RealTalkBudget.com, YourMoneyTrack.com, RealTalkLiving.com and all company logos therein, are registered trademarks and/or registered service marks of RealTalk Financial, LLC., or one of its subsidiaries, in the United States and other countries.
The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes all prior communications and agreements between the parties relating to the subject matter of this Agreement.
If you have any questions, concerns or comments, please email info@RealTalkFinancial.com