Terms and Conditions
Power3X.com LLC operates an online financial advisor at https://power3x.com (the “Site”). You understand and agree that by providing content or other information to Power3X.com LLC via the agreement (defined below), you are granting Power3X.com LLC all necessary rights to use that content and information on all instances of the agreement, described in more detail in Section 7(d)(i) below.
In accessing Power3X.com LLC, you agree that (1) Power3X.com LLC may publish to other users of Power3X.com LLC any content you agree to disclose on Power3X.com LLC, (2) you will not use Power3X.com LLC in any way to violate insider trading laws or other federal or state securities laws and regulations of the United States, any state or any other country, as applicable, relating to securities disclosure, securities trading, or investment advisory or brokerage services, (3) without limiting the general scope of the foregoing, you will not attempt to trade in a security in advance of posting information concerning that security, publish defamatory or misleading information concerning any security or issuer (or officer or employee thereof), manipulate the price or market for any security, or post information that you are obligated to keep confidential, and (4) you will not post any advertisement, solicitation or information that otherwise violates any applicable local, state, national or foreign law or regulation.
You understand that Power3X.com LLC and content thereon involve matters with respect to finance and investing, such as investment strategies, asset allocation, stock quotes and in particular the performance of certain exchange traded funds (and their underlying holdings), exchange traded options (and their underlying reference assets), zero-coupon treasury bonds, indices, stocks, stock portfolios, and investors. The agreement merely gathers, processes, and makes information available to you, including the recommendation of possible investment strategies. You acknowledge that: (1) Power3X.com LLC provides you with risk tolerance and investment plan recommendations based solely on profile data you provide, and unless you agree to subscribe to Pay Services (as defined below) and become a client of Power3X.com LLC, the agreement are provided for informational purposes only and Power3X.com LLC does not review the information posted on the agreement for reasonableness, strategic usefulness, or your individual investment management purposes, and Power3X.com LLC does not act in any type of financial advisory capacity for you; (2) the agreement may include information it obtains from sources such as option exchanges, stock exchanges, other financial data providers and news sources, and Power3X.com LLC does not review, endorse or analyze all such third-party information; (3) Power3X.com LLC does not guarantee the accuracy, completeness, or timeliness of any information on the agreement; (4) unless you agree to additional terms provided by Power3X.com LLC through the agreement that provide otherwise, none of the information on the agreement constitutes a solicitation or offer to buy or sell any security, or to provide financial advisory services or other advice regarding the future profitability or the suitability of any security or investment; and (5) the information provided on the agreement is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation, and no information from the agreement may be copied in any form, by any means, or redistributed, published, circulated or commercially exploited in any manner without Power3X.com LLC’s prior written consent except as provided below. Accordingly, the agreement and Power3X.com LLC’s owners, sponsors, directors, officers, employees, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person or entity for any: (a) inaccuracies or errors in or omissions from the agreement or content thereon including, but not limited to, any information or analysis posted by any other user, prices of securities and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the agreement or content thereon; or (c) loss or damage arising from your use of the agreement or content thereon or by any reason of nonperformance.
The agreement is intended solely for persons who are 18 or older. Any access to or use of the agreement by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the agreement, you represent and warrant that you are 18 or older.
4. Account Registration
5. Termination Cancellation
6. Third-Party Links
The agreement or content thereon may provide links to third- party websites or resources. You acknowledge and agree that Power3X.com LLC is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Power3X.com LLC does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Access, Intellectual Property Rights and Ownership
c) Ownership and Restrictions Power3X.com LLC and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the agreement, Content, and the trademarks, service marks, and logos contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the agreement, Content, User Information or related products or services.
d) User Information i. License Grant. Power3X.com LLC does not claim ownership rights in your User Information. However, by uploading, submitting, emailing, posting, publishing, providing, approving, sharing or otherwise making available any User Information to Doctor Investing Group LLC or within the agreement, you hereby grant Power3X.com LLC a nonexclusive, worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to use, store, reproduce, modify, adapt, and prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, and otherwise exploit such User Information in any form, medium, or technology now known or later developed, including without limitation on the Site (including areas of the Site different from the area of the Site to which you provided the User Information), and on third-party websites through which you access the agreement or parts thereof. In addition, you warrant that all moral rights in any User Information have been waived, and you do hereby waive any such moral rights. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Power3X.com LLC. Power3X.com LLC shall own all right, title and interest in and to all derivative works and compilations of User Information that are created by Power3X.com LLC, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Power3X.com LLC to give to Power3X.com LLC the full benefit of the rights granted to Power3X.com LLC by you. ii. Limitations. You acknowledge and agree that Power3X.com LLC may, at its option, establish limits concerning User Information, including without limitation the maximum number of days that User Information will remain on agreement, the maximum size of any files that may be stored on or uploaded to the agreement, and the maximum disk space that will be allotted to you for the storage of User Information. Power3X.com LLC shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Information. iii. Disclaimer. Power3X.com LLC has no ability to control the User Information that is uploaded, posted, transmitted, provided, or otherwise made available using the agreement and does not have any obligation to monitor such User Information for any purpose. Power3X.com LLC does not endorse any User Information or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Power3X.com LLC with respect thereto.
You agree you will not do any of the following while using or accessing the agreement or any content thereon:
a) Circumvent, disable, or otherwise interfere with security-related features of the agreement or features that prevent or restrict use or copying of any Content or User Information;
b) Upload, email, transmit, provide, or otherwise make available (i) any User Information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User Information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Information); or (ii) any User Information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity);
c) Use any meta tags or other hidden text or meta data utilizing a Power3X.com LLC name, trademark, URL or product name;
d) Upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; e) Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the agreement to send altered, deceptive, or false source- identifying information;
f) Upload, email, transmit, provide, or otherwise make available, via the agreement, any User Information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Power3X.com LLC;
g) Upload, email, transmit, provide, or otherwise make available any User Information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to the agreement;
h) Upload, email, transmit, provide, or otherwise make available any User Information that includes code that is hidden or otherwise surreptitiously contained within the User Information;
i) Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the agreement, servers, or networks connected to the agreement, or the technical delivery systems of Power3X.com LLC’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the agreement;
j) Attempt to probe, scan, or test the vulnerability of any Power3X.com LLC system or network or breach or impair or circumvent any security or authentication measures protecting the agreement;
k) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the agreement;
l) Attempt to access, search, or meta-search the agreement or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Power3X.com LLC or other generally available third- party web browsers, including without limitation any software that sends queries to the agreement to determine how a website or web page ranks;
m) Violate the terms of service or any other rule or agreement applicable to you or Power3X.com LLC through the agreement’ inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
n) Collect or store personal data about other users without their express permission;
o) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
p) Solicit any user for any investment or other commercial or promotional transaction;
q) Violate any applicable law, regulation, or ordinance;
r) Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
9. Copyrighted Materials
No Unauthorized Use. If you become aware of misuse of the agreement or content thereon by any person, please contact Power3X.com LLC to report any abuse. Power3X.com LLC has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the Power3X.com LLC Copyright and Intellectual Property Policy for further information.
10. Power3X.com LLC Rules
11. Disclaimer of Warranties
Your use of the agreement, Content and User Information is at your sole discretion and risk. The agreement, Content and User Information, and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Power3X.com LLC. POWER3X.COM LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE AGREEMENT, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. POWER3X.COM LLC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE POWER3X.COM LLC SOLUTION, CONTENT AND/OR USER INFORMATION; OR (II) THAT THE POWER3X.COM LLC SOLUTION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE POWER3X.COM LLC SOLUTION INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED FROM BULLETIN BOARDS, MESSAGE BOARDS, CHAT SERVICES OR OTHER ONLINE CONFERENCING. No advice or information, whether oral or written, obtained by you from Power3X.com LLC, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
12. Limitation of Liability
IN NO EVENT SHALL POWER3X.COM LLC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE POWER3X.COM LLC SOLUTION, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE POWER3X.COM LLC SOLUTION OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT POWER3X.COM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL POWER3X.COM LLC’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.