August 22, 2015
Welcome to ReiznersWay.com. This service offers information and the opportunity to purchase the book or the print book, A Way to Wealth—The Art of Investing in Common Stocks, to read the articles and blogs, to submit comments, which if accepted, may be posted on the blogs, and to use any other features, content, or applications offered from time to time by ReiznersWay.com in connection with the ReiznersWay Website (hereinafter collectively referred to as “ReiznersWay services”). The ReiznersWay services are hosted in the U.S.
ReiznersWay.com may modify this Agreement from time to time and such modification(s) shall be effective upon posting by ReiznersWay.com on the ReiznersWay Website. You agree to be bound to any changes to this Agreement when you use the ReiznersWay services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
The use of the ReiznersWay services is void where prohibited. By using the ReiznersWay services, you represent and warrant that:
(a) you are 18 years of age or older;
(b) you reside in the United States; and
(c) your use of the ReiznersWay services does not violate any applicable law or regulation.
This Agreement shall remain in full force and effect while you use the ReiznersWay services. Even after your use is discontinued, this Agreement will remain in effect.
The ReiznersWay services are for your personal use only and may not be used in connection with any commercial, business, political, or promotional endeavors or any other such purpose nor may you share it with any third party for any such reason, unless you have been specifically endorsed or approved to do so in a writing beforehand by ReiznersWay.com. Unauthorized framing or mirroring of or linking to the ReiznersWay website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the ReiznersWay services.
It is illegal and prohibited to use the ReiznersWay services in a manner inconsistent with any and all applicable laws and regulations.
If you decide to purchase the book or read the articles or blogs or other information provided on the ReiznersWay website (hereinafter collectively referred to as the “Works”), you acknowledge that you have read beforehand and agree to the following:
LIMIT OF LIABILITY AND DISCLAIMER OF WARRANTY: THESE WORKS CONTAIN THE OPINIONS AND IDEAS OF ITS AUTHOR AND ARE DESIGNED TO PROVIDE USEFUL INFORMATION TO THE READER ON THE SUBJECT MATTER COVERED. THE AUTHOR MAY OR MAY NOT HAVE CURRENT POSITIONS IN THE INVESTMENTS MENTIONED IN THESE WORKS, AND THE AUTHOR MAY FROM TIME TO TIME MAKE INVESTMENTS IN A MANNER THAT IS NOT DESCRIBED IN ANY OF THE WORKS. THE OPINIONS AND IDEAS IN ONE WORK MAYBE DIFFERENT OR CONTRADICT THOSE IN ANOTHER WORK. PAST PERFORMANCE IS NO GUARANTEE OR PREDICTION OF FUTURE RESULTS AND ANY INVESTMENTS MADE BASED ON THE OPINIONS AND IDEAS CONTAINED IN ANY OF THESE WORKS MAY OR MAY NOT BE SUCCESSFUL. AN INVESTMENT IN ANY SECURITY IS SUBJECT TO A NUMBER OF RISKS AND THAT DISCUSSIONS OF ANY SECURITY IN THESE WORKS WILL NOT CONTAIN A LIST OR DESCRIPTION OF ANY OR ALL RELEVANT RISK FACTORS. BECAUSE FINANCIAL MARKETS ARE IN CONTINUAL STATE OF FLUX, THE INFORMATION IN THESE WORKS MAY NOT BE CURRENT. THE PUBLISHER AND THE AUTHOR MAKE NO REPRESENTATIONS, GUARANTEES, PREDICTIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OR TIMELINESS OF THE CONTENTS OF THESE WORKS AND SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY MAY BE CREATED OR EXTENDED BY SALES OR PROMOTIONAL MATERIALS. THE ADVICE AND STRATEGIES CONTAINED IN THESE WORKS MAY NOT BE SUITABLE FOR EVERY SITUATION. THESE WORKS ARE SOLD AND/OR PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE PUBLISHER NOR THE AUTHOR IS ENGAGED IN RENDERING LEGAL, ACCOUNTING, INVESTMENT ADVISORY OR OTHER PROFESSIONAL SERVICES. IF PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT AND APPROPRIATE PROFESSIONAL SHOULD BE SOUGHT. NEITHER THE PUBLISHER NOR THE AUTHOR SHALL BE LIABLE FOR DAMAGES, LOSSES OR RISK THAT MAY BE CLAIMED OR INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE AND/OR APPLICATION OF THE CONTENTS OF THESE WORKS. THE FACT THAT AN ORGANIZATION OR WEBSITE IS REFERRED TO IN THESE WORKS AS A CITATION AND/OR A POTENTIAL SOURCE OF FURTHER INFORMATION DOES NOT MEAN THAT THE AUTHOR OR THE PUBLISHER ENDORSES THE INFORMATION THE ORGANIZATION OR WEBSITE MAY PROVIDE OR RECOMMENDATIONS IT MAY MAKE. FURTHER, READERS SHOULD BE AWARE THAT INTERNET WEBSITES LISTED IN ANY OF THESE WORKS MAY HAVE CHANGED OR DISAPPEARED BETWEEN WHEN THESE WORKS WERE WRITTEN AND WHEN THEY ARE READ.
ReiznersWay.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user’s communication.
ReiznersWay.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or downloads due to technical problems or traffic congestion on the Internet or on any of the ReiznersWay services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from use of (including but not limited to downloading) the ReiznersWay services. Under no circumstances shall ReiznersWay.com be responsible for any loss or damage, including personal injury or death, resulting from use of the ReiznersWay services, and are provided “AS-IS” and as available and ReiznersWay.com expressly disclaims any warranty of fitness for a particular purpose or use. ReiznersWay.com cannot guarantee and does not promise any specific results from use of the ReiznersWay services.
ReiznersWay.com believes that the best person to handle your finances is you. By using ReiznersWay services, you agree that you bear responsibility for your own investment research and investment decisions. You further agree that ReiznersWay.com will not be liable for any investment decision made or not made or action taken or not taken by you or others based upon reliance on information, the book, the articles, or the blogs or any other material published or otherwise provided by ReiznersWay.com.
IN NO EVENT SHALL REIZNERSWAY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE REIZNERSWAY SERVICES, EVEN IF REIZNERSWAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REIZNERSWAY.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO REIZNERSWAY.COM FOR THE USE OF THE REIZNERSWAY SERVICES.
If there is any dispute about or involving the ReiznersWay services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City and County of Sacramento.
AGREEMENT TO ARBITRATE
You and ReiznersWay.com each agree that any and all disputes or claims that have arisen or may arise between you and ReiznersWay.com, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, nonrepresentative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
YOU AND REIZNERSWAY.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU AND REIZNERSWAY.COM MUTUALLY AGREE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER REIZNERSWAY.COM USERS.
However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) must follow the terms of this Agreement as a court is required. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this agreement to arbitrate, or the interpretation this agreement to arbitrate regarding prohibition of class and representative actions and non-individualized relief, shall be for a court of competent jurisdiction to decide.
The Arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (if applicable), as modified by this Agreement to arbitrate. The AAA's Rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a full and complete notice of dispute (“Notice”). The notice to ReiznersWay.com must be sent to ReiznersWay.com, Attn: Notice of Dispute, 2701 Del Paso Road, Ste. 130-61, Sacramento, CA 95835. ReiznersWay.com will send any Notice to you to the physical address we have on file for you at ReiznersWay.com; it is your responsibility to provide and keep your physical address up to date. The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought. If you and ReiznersWay.com are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or ReiznersWay.com may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org.
The arbitration shall be held in the County of Sacamento, California, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or ReiznersWay.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and ReiznersWay.com, subject to the discretion of the arbitrator(s) to require an inperson hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or ReiznersWay.com may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or ReiznersWay.com shall not be disclosed to the arbitrator(s).
The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different ReiznersWay.com users, but is/are bound by rulings in prior arbitrations involving the same ReiznersWay.com user to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, ReiznersWay.com will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by ReiznersWay.com should be submitted by mail to the AAA along with your Demand for Arbitration and ReiznersWay.com will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, ReiznersWay.com will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ReiznersWay.com for all fees associated with the arbitration paid by ReiznersWay.com on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions of this Agreement to Arbitrate regarding Prohibition of Class and Representative Actions and Non-Individualized Relief, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions of this Agreement to Arbitrate regarding Prohibition of Class and Representative Actions and Non-Individualized Relief, are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. If you are a new ReiznersWay.com user, you can choose to reject this Agreement to Arbitrate by mailing ReiznersWay.com a written Opt-Out Notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than 30 days after the date you first visit or use the ReiznersWay.com website. You must mail the Opt-Out Notice to ReiznersWay.com, Attn: Opt-Out, 2701 Del Paso Road, Ste. 130-61, Sacramento, CA 95835. Your Opt-Out Notice must include your name, address, phone number, and the email address(es) used to log in to the ReiznersWay.com. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with ReiznersWay.com.
You agree to indemnify and hold ReiznersWay.com, its respective owner(s), agents, partners, contractors and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ReiznersWay services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.
This Agreement is accepted upon your first visit to and/or use of the ReiznersWay Website or any of the ReiznersWay services and is further affirmed by you upon becoming a Customer. This Agreement constitutes the entire agreement between you and ReiznersWay.com regarding the use of the ReiznersWay services. The failure of ReiznersWay.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. ReiznersWay.com is the "doing business as" name of John R. Reizner and is registered in the City and County of Sacramento, in the State of California, United States as the fictitious business name of John R. Reizner. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The content on the ReiznersWay.com's website is protected by U.S. and international copyright laws and is the property of ReiznersWay.com and/or the providers of the content under license. “Content” means any information, mode of expression, or other materials and services found on ReiznersWay.com including but not limited to software, writings, graphics, the book, the print books, the articles, the blogs and any and all other features found on the site. You can find more information on Copyright Law and the Internet at: http://www.templetons.com/brad/copymyths.html. Any copying, distribution, storing, or transmission of any kind, or any sort of commercial use of the content on the ReiznersWay’s website is prohibited without prior written consent including but not limited to republishing, uploading, posting, transmitting or distributing content from the website to online bulletin boards, message boards, newsgroups, chat rooms. You may not modify the content in any manner without prior written consent.
The ReiznersWay.com’s blogs are discussion forums where bloggers, if their comments are accepted for posting, may voice their opinions about the articles on the website and current events. You agree that no content on the blogs constitute a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further agree that none of the bloggers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content on the blogs 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 further agree that an investment in any security is subject to a number of risks and that discussions of any security in the blogs will not contain a list or description of relevant risk factors. You further agree that at the time of any transaction that you make, one or more bloggers or their affiliates may have a position in the securities written about.
As a blogger, you understand and agree that ReiznersWay.com reserves the right, to be exercised in its sole and unfettered discretion, to post or not to post, to edit, modify, move, delete, and/or remove any comment submitted for posting at any time. Without limiting the foregoing, ReiznerWay.com may reject and/or delete any comment submitted for posting with or without cause and for any reason or no reason whatsoever.
While ReiznerWay.com does pre-screen all comments prior to being posted live to its blogs, its review is limited to only the words set out in the submitted comment and does not go to matters beyond the submittal. The fact that ReiznersWay.com has accepted a comment for posting does not mean that ReiznersWay.com has endorsed or investigated the reliability of the information contained in the comment. ReiznersWay.com does not undertake to do so. The statements in any comment may in fact be at variance with the truth.
As a blogger, you represent and warrant to ReiznersWay.com that: 1) you will not submit any comment that is or is part of a device, scheme or artifice to defraud; and 2) you will not engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person. You further represent and warrant that you will not intentionally or negligently misrepresent the source, accuracy, integrity or completeness of any comment that you submit. You further represent and warrant that any comment that you submit for posting is not unlawful or otherwise harmful or injurious to other persons, and will not contain words that are threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hateful, or derogatory to any actual or perceived race, color, national origin, ancestry sex, gender, gender identity, pregnancy, childbirth or related medical condition, religious creed, physical disability, mental disability, age, medical condition (i.e. cancer), genetic information, including family medical history, marital status, sexual orientation, or any other characteristic protected by federal, state or local law. You further represent and warrant that any comment that you submit: 1) shall not rely or in any way be based upon confidential or proprietary information or trade secrets obtained or derived by you unless you have received specific authorization in writing beforehand to use said information or materials; and 2) does not infringe upon or misappropriate, any copyright, patent right, right of privacy or publicity including but not limited to defamation, trade secret, or other proprietary rights of any third party.
As a blogger, you represent and warrant to ReiznersWay.com that you will disclose in your comment every security in which you, your immediate family, or any entity under your control, have a personal interest, if such security is mentioned in your comment.
As a blogger, you hereby grant, on behalf of yourself or because you have the unrestricted right from the actual owner, ReiznersWay.com a royalty-free, perpetual, non-exclusive and fully transferable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display comments that you submit for posting (in whole or in part) worldwide and/or to incorporate any one of those comments in other works now or in the future.
ReiznersWay.com respects the intellectual property of others. Its policy is to respond to clear notices of alleged copyright infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ReiznersWay.com’s Copyright Agent the following information:
1: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2: a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3: a description of where the material that you claim is infringing is located on the site, including the URL;
4: your address, telephone number, and email address;
5: 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;
6: 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; and
7: your signature.
This written information may be transmitted to the ReiznersWay.com’s Copyright Agent for Notice of claims of copyright infringement as follows:
By postal mail:
Attn: John R. Reizner
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.