Terms of Service
Terms of Service
Updated August 30, 2017 – Effective Date August 31, 2017
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tomaskovics Consulting , acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Tomaskovics Consulting and owner James Tomaskovics is not a stock promoter. Tomaskovics Consulting and owner James Tomaskovics does not receive any-type of compensation whether by securities or cash or by any-other means to publish any financial information of any but not limited to publicly traded companies financial information including dividend releases and/or financial analysis and/or earnings statements, and/or bylaws, and/or board decisions, and/or personnel changes, bonds, mutual funds, hedge funds, commodities and futures FROM ANY OWNER OF SUCH as referred to in Section 17(b) of the Securities Act of 1933.
Tomaskovics Consulting and owner James Tomaskovics is not a broker, dealer or registered investment advisory, Tomaskovics Consulting and owner James Tomaskovics does not attempt or intend to influence the the market through any-means whatsoever. If any individual or entity losses anything or maybe at risk of losing anything such as but not limited to reputation, tangible assets, intangible assets, money, sales, shareholders, stakeholders for reasons of but not limited to typos, math errors or misunderstandings Tomaskovics Consulting and owner James Tomaskovics will not be responsible for any loss or damage whatsoever caused.
None of the creators, providers or sponsors of our services or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
ALL FINANCIAL INFORMATION ON THIS WEBSITE OR ANY-OTHER WEBSITE OPERATED BY TOMASKOVICS CONSULTINGAND OR JAMES TOMASKOVICS IS GATHERED FROM PUBLICLY RELEASED MATERIAL BY PUBLICLY OWNED COMPANIES THAT OFFER SHARES TO THE PUBLIC AND OR WIN GOVERNMENT CONTRACTS THAT ARE UNCLASSIFIED. TOMASKOVICS CONSULTING AND OR JAMES TOMASKOVICS SHALL NOT BE DEEMED LIABLE FOR ANY MISUNDERSTANDINGS, TYPOS, MATH ERRORS OR ANY-OTHER ERROR OR ITS EQUIVALENT. FINANCIAL INFORMATION HEREIN IS NOT FINANCIAL ADVICE IT IS UP TO THE INVESTOR TO DISCERN HOW THIS INFORMATION IS GOOD OR NOT GOOD FOR THEIR OWN SITUATION AND ACTION.
Caution Concerning Forward-Looking Statements
This website includes certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based on current expectations or beliefs and on currently available competitive, financial and economic data and are subject to uncertainty and changes in circumstances. Actual results may vary materially from those expressed or implied by the forward-looking statements herein due to changes in economic, business, competitive, technological, and/or regulatory factors, and other risks and uncertainties affecting the operation of each business, including many factors beyond our control.
You agree to indemnify, defend and hold harmless Tomaskovics Consulting and owner James Tomaskovics, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party 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 the TOU;
(b) Your use of the Services;
(c) Your violation of the rights of any third party;
(d) The actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services,
(e) Any liability arising from Your use of the Services including any User-Generated Content You create.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements. If You believe in good faith that materials displayed or offered by Tomaskovics Consulting and owner James Tomaskovics infringe on your copyright, You (or your registered agent/lawyer) may contact the sole owner of Tomaskovics Consulting , James Tomaskovics by phone at 1-800-219-6770. Please have the following information fully available:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
(b) A description of the copyrighted work(s) or trademark(s) that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the website;
(d) Your address, telephone number, and email address;
(e) A written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent by any-means that any material, information, services or products is infringing your copyrights.
Registration and Privacy
In order to gain access to portions of the services and/or content, you maybe required either now or in the future to become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of your use of the services and/or content, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the services and/or content under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by the registration form
(b) Maintain and promptly update your registration data to keep it true, accurate, current and complete.
As a member, you also have certain other obligations relating to your account:
- You may not transfer to or resell your use of or access to the services and/or content to any third party;
- You are responsible for all activities that occur under your account;
- You are responsible for maintaining the confidentiality of your user name, member name and password;
- You agree to notify us at 1-800-219-6770 if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your user name, member name or password.
A maximum of one simultaneous log-ins are allowed per account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (i.e., computers, tablets, mobile devices, etc.
Subscription Cancellation for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE. This Section does not apply to one-time purchases. If offered and during a free-trial portion of your subscription, you may cancel your subscription to the premium service at any time and not be billed by notifying our us by telephone at 1-800-219-6770 Monday through Friday between the hours of (excluding holidays) 9:30 a.m. and 9:00 p.m. ET. You must cancel one (1) day before the free trial period expires in order to avoid being converted to a paid subscription. Please note:
- Upon the commencement of your initial subscription (which occurs at the expiration of your free trial, or if you are not receiving a free trial, upon Your registration for a subscription) your account will be billed the applicable subscription fee and your paid subscription will commence.
- Monthly Subscribers – If you are a monthly subscriber and you cancel your monthly subscription, you will NOT receive a refund or reimbursement of your monthly subscription fee; however, you will not be charged any future monthly subscription fees.
Other Subscribers – If You are a subscriber for a term longer than a month (including annual subscriptions) and you cancel within the first thirty (30) days of your initial subscription, You may receive a refund of your subscription fee minus the equivalent of one month pro-rated charge. Please note that if you cancel your subscription at any time after the first thirty (30) day period of your initial subscription, You will not be entitled to any refund, reimbursement, or other credit on account of the cancellation of your subscription, regardless of whether or not you have used your subscription.
You can cancel your subscription by calling us at 1-800-219-6770 Monday through Friday (excluding holidays) between the hours of 9:30 a.m. and 9:00 p.m. ET. You may not cancel a subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number, this is done for security and efficiency reasons, not to start a negotiation). If you are entitled to a refund we will credit your account within 7-14 business days (excluding holidays) following your call.
Subscription Renewal for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE. This Section does not apply to one-time purchases. Your subscription will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by telephone at 1-800-219-6770 Monday through Friday (excluding holidays) between the hours of 9:30 a.m. and 9:00 p.m. ET. You must notify us at least one day before the renewal date in order to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew your subscription by any other means (such as by sending a request via email, postal mail or by calling any-other phone number, this is done for security and efficiency reasons, not to start a negotiation). If You do not notify us as described above, the then-applicable monthly, periodic or annual fee for your subscription will be billed automatically to the account you designated during the registration process. Please note,in connection with recurring billing for subscription renewals, you authorize Tomaskovics Consulting and owner James Tomaskovics at 44 Wall Street New York, NY 10005 to bill your account number, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of a physical card with which you subscribed. We may seek information about your account from the financial institution issuing your credit or charge card or bank account in the event a payment is declined. You agree to pay all agreed upon fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due according to the agreement. In the event we have to collect unpaid substantial amounts owed to us by you and there is no legal bankruptcy, death involved or other extreme hardships such as Hurricanes (a tropical cyclone, which forms over tropical waters with sustained surface winds equal to or exceeding 64 knots or 74 mph), Earthquake Devastation, Terrorist Attack on the United States Homeland equal to or exceeding the September 11, 2001 attack in which you are directly involved and any wartime attack on the United States Homeland such as Nuclear, Chemical or Biological that you are directly involved or drafted into, you will be liable for all of our attorneys, collection agency and court fees.
Tomaskovics Consulting’s Proprietary Rights
The services and the content distributed through the services, with the exception of any User-Generated Content (as defined below) and Third-Party Content, is the property of Tomaskovics Consulting and owner James Tomaskovics and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the services, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the services. If you are interested in reprinting, republishing or distributing content from Tomaskovics Finasncial and owner James Tomaskovics, please contact us by phone at 1-800-219-6770. If You choose to submit content for publication through the services, such as guest commentary or guest opinions, such content shall be exclusive to Tomaskovics Consulting and owner James Tomaskovics, deemed to be property of Tomaskovics Consulting and owner James Tomaskovics, and by submitting such content you irrevocably assign any and all rights to such content to Tomaskovics Consulting and owner James Tomaskovics unless otherwise agreed-upon in writing.
Because we host or may host User-Generated Content as a part of portions of the services and therefore redistribute User-Generated Content you give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
“TOMASKOVICS Consulting , Tomaskovics Consulting ”, “tomaskovicsConsulting.com”, the ” TOMASKOVICS CONSULTING Logo”, and certain other are trademarks and/or service marks of TOMASKOVICS CONSULTING. All other trademarks, service marks, and logos used on or by Tomaskovics Consulting are the trademarks, service marks, or logos of their respective owners.
Disclaimer of Warranties
The services, and any content obtained or accessed through the services and/or content, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Tomaskovics Consulting, its owners, officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, 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 adequacy, accuracy, timeliness or completeness of any information available through the Services.
Tomaskovics Consulting, owner James Tomaskovics and its affiliates, suppliers, agents and sponsors do not warrant and accept any liability that your use of the services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the services or the server(s) on which the services and/or content are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Tomaskovics Consulting, owner James Tomaskovics and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the services and/or content. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the services and/or content, and all charges related thereto. You assume total responsibility and risk for your use of the services and/or content and your reliance thereon. No opinion, advice, or statement of Tomaskovics Consulting, owner James Tomaskovics or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk. Tomaskovics Consulting, owner James Tomaskovics and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the services and/or content.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services and/or content, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tomaskovics Consulting and owner James Tomaskovics shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the services and/or content.
A possibility exists that content available through the services and/or content could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the services and/or content by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the services and/or content. In the event that such a situation arises, please contact us at 1-800-219-6770 with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact you. We will address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement”.
Under no circumstances shall Tomaskovics Consulting and owner James Tomaskovics be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, legal bankruptcy, death involved or other extreme hardships such as Hurricanes (a tropical cyclone, which forms over tropical waters with sustained surface winds equal to or exceeding 64 knots or 74 mph), Earthquake Devastation, Terrorist Attack on the United States Homeland equal to or exceeding the September 11, 2001 attack in which we are directly involved in and any wartime attack on the United States Homeland such as Nuclear, Chemical or Biological that we are directly involved in or called upon into or non-performance of third parties.
Limitation of Liability
NEITHER TOMASKOVICS CONSULTING, OWNER JAMES TOMASKOVICS NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, OWNERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH TOMASKOVICS CONSULTING, OWNER JAMES TOMASKOVICS WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
Tomaskovics Consulting and owner James Tomaskovics reserves the right to restrict, suspend or terminate your use and services any time for any reason in its sole discretion, with or without cause, without prior notice to you and without liability or further obligation of any kind whatsoever to you or any other party. You may terminate your user account, user name, member name any associated email address and access to the services and/or content by submitting such termination request to us.We reserve the right to send electronic communications to you for purposes of legal notices and informing you of changes or additions to the services.