TERMS OF USE

TERMS OF USE

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BEFORE READING OR USING THE CONTENT OR SERVICES IN ANY WAY, PLEASE READ THE TERMS OF USE (TOU) BELOW IN ITS ENTIRETY AS THE TOU ARE A BINDING LEGAL CONTRACT WITH YOU. YOU SPECIFICALLY AGREE THAT YOU HAVE COMPLETELY READ AND COMPLETELY AGREE TO THE TOU BEFORE READING OR USING ANY OF THE CONTENT OR SERVICES. IF YOU DISAGREE IN ANY WAY WITH THE TOU, YOU AGREE TO IMMEDIATELY STOP READING AND USING THE CONTENT OR SERVICES. NOTE THAT THE TOU INCLUDES WITHOUT LIMITATION THE MANDATORY ARBITRATION AGREEMENT THAT REQUIRES ALL DISPUTES TO BE RESOLVED IN BINDING ARBITRATION ONLY AND A CLASS ACTION WAIVER, THESE LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY AND ALL DISPUTES AND PRECLUDE YOU FROM SEEKING A RELIEF IN A COURT OF LAW. THE TOU ALSO CONTAINS CLAUSES THAT INCLUDE LIMITATION OF LIABILITY, FULL RELEASE AND YOUR SOLE ASSUMPTION OF THE ENTIRE RISK BY ACCESSING OR READING OR USING THE CONTENT OR THE SERVICES. 

  1. By accessing this site or associated sites or newsletters or alerts or reports or publications or content or sites of any kind or offering of any kind or services of any kind or registering for a seminar or attending a seminar or paying for a subscription, seminar, offering or service or obtaining a service, directly or indirectly, by any means including but not limited to RSS, blog, site, email, text, social media, or a feed, you agree to be bound by the TOU and you agree that this is the same as you expressly signing a legal contract.   The Privacy Policy is also deemed as though fully contained herein. The TOU may also be referred to as Terms and Conditions.
  2. “The Arora Report, Ltd.” hereinafter “TAR”, is an Indiana Corporation. You expressly agree that all of the TOU also apply to employees, officers, directors, contractors and affiliates of TAR without limitation.
  3. TAR is a bona fide publisher of business, economics, financial, investment and news publications of general and regular circulation. TAR relies on the publisher exemption under Investment Advisers Act of 1940 in the U.S. and similar exemptions in other jurisdictions. TAR is not a financial or investment advisor or registered broker dealer. TAR does not provide personal investment advice and does not represent itself as a licensed investment advisor. TAR does not offer securities. TAR is not an accountant. TAR is not an attorney. TAR’s relationship with you is limited to that of the one between a bona fide publisher and subscribers. TAR’s relationship with you specifically excludes any fiduciary relationship. TAR’s representatives are not authorized to provide investment, trading or tax advice.  You specifically agree not to seek investment, trading or tax advice from TAR.  You agree that TAR has no direct or indirect fiduciary responsibility of any kind to you. Subscriptions and services from TAR may not be available in all jurisdictions; just because something is mentioned on TAR sites or you can access TAR sites does not mean it is available in your jurisdiction. TAR cannot warrant that its services are appropriate for you or they are permitted under the laws of your jurisdiction and as such TAR does not represent that it meets laws of your jurisdiction.
  4. You are provided with a trial for you to fully evaluate before you start using the content or services. You agree that immediately upon subscription(s) or your first visit to a TAR site, you will independently, carefully and thoroughly evaluate the services and the content using the trial and other available content and immediately cancel the subscription(s), stop reading and stop using the content if in your sole opinion the subscription(s) or the content or the services are not suitable for you and/or do not meet your expectations in any way.
  5. You agree that the content is for information and education only, impersonal in nature, not tailored to a specific need or person, and you agree that it is your responsibility to make adjustments, as you see fit to suit your risk tolerance, your experience, and market conditions. You specifically agree to make your own judgments with the help of your own personal advisor independent of the content or services provided by TAR. You agree to independently verify the content using several other sources in addition to TAR before using any of the content or services. The content and services provided by TAR may not be suitable for your purposes and your situation. Nigam Arora or The Arora Report, Ltd, its directors, its officers, its employees, and its affiliates are not your personal advisors. You expressly agree that none of the content or services are personalized individual advice. Nothing should be interpreted as personalized advice of any kind, as an endorsement or as an offer to buy or sell anything. You specifically agree before using the content and the services that in investments and trading losses can be substantial including total loss and such losses are exclusively your sole responsibility. You agree that forward looking statements involve significant risks, assumptions and uncertainties that can potentially cause significant losses including total loss and you expressly accept sole responsibility for losses due to reliance on any forward looking statements. Past performance is not an indication of the future performance. All performance should be considered hypothetical and qualitative, not quantitative, in nature.  You specifically agree that stringent risk controls are your sole responsibility irrespective of the content or services provided by TAR.  Due to various factors, there may be conflicts between TAR’s different services, TAR’s affiliates or employees. Reviews and testimonials may not be representative of the experience of others and they are not a guarantee of the future success or performance: these may have been edited for grammar or clarity.
  6. TAR may contain links to other sites or resources. You acknowledge and agree that TAR shall not be responsible for the content of the linked sites or resources, and TAR shall not be liable directly or indirectly in any way for damages of any kind caused by reliance on such links. You agree to use of cookies by TAR.
  7. All content is copyrighted and property of TAR. Copying the content without written permission is prohibited.
  8. TAR owns or licenses all the intellectual property behind the content and does not relinquish any intellectual property rights by publishing the content.
  9. This Agreement is personal to you, and you cannot assign your obligations or rights.
  10. TAR has the exclusive right to change these TOU at any time without notice. You agree to be bound by such changes and the revised TOU. It is your responsibility to check this page often to see if there are any changes to the TOU. To continue to use the content or the services, you must agree to the changes without exception.  If you disagree with the changes, you agree that it is your sole responsibility to immediately stop using the content or the services. You agree and fully understand that to provide uninterrupted service, subscription and other offerings are based on automatic recurring payments from you at the then current rate.  You can cancel such recurring payments before they are charged. Once a recurring payment is charged, you agree to pay it and you agree that there are no refunds. TAR reserves the right to make changes to its offerings in any way it deems appropriate including but not limited to raising prices, frequency, format and content. Definition of lifetime is until the service is offered. TAR reserves the right to cease one or more of its services at any time without notice.
  11. There are no refunds under any circumstance for any and all subscriptions, offerings or services or any other procurement from TAR. Any unused portion may be applied to other subscriptions or offerings from TAR. A subscription is immediately cancelled after a subscriber cancels. It is a subscribers’ responsibility to time the cancellation if a subscriber wishes to continue a subscription to the end of a period. To ensure continuity, all subscriptions are setup on an auto-pay basis. Failure to cancel a subscription by a subscriber three business days before auto-renewal will result in further charges and there will be no refund for such charges.
  12. ALL OF TAR’S CONTENT AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO  WARRANTEES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS AND CURRENTNESS. TAR DOES NOT WARRANT OR REPRESENT THAT ITS SERVICES OR CONTENT IS OR WILL BE FREE OF ERRORS, ACCURATE, CURRENT, RELIABLE, COMPLETE OR AVAILABLE.  YOU SPECIFICALLY AGREE THAT YOU COMPLETELY AND SOLELY ASSUME THE ENTIRE RISK OF USING TAR’S CONTENT INCLUDING BUT NOT LIMITED TO PERFORMANCE, QUALITY, ACCURACY, AVAILABILITY, CURRENTNESS, RELIABILITY AND ERRORS WITHOUT ANY LIABILITY OF ANY KIND ON TAR’S PART.
  13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAR IS NOT AND WILL NOT BE LIABLE TO YOU FOR ANY AND/OR ALL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LOST PROFITS AND LOST OPPORTUNITIES UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, EQUITY, NEGLIGENCE, GROSS NEGLIGENCE, LACK OF CURRENTNESS, LACK OF UPDATE, WARRANTY, STRICT LIABILITY, OR OTHERWISE, EVEN IF TAR OR OTHER PARTIES ASSOCIATED WITH TAR HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN DAMAGES AND IRRESPECTIVE OF ANY FAILURE OF ESSENTIAL PURPOSE OF A LIMITED REMEDY. YOU EXPRESSLY AGREE THAT IF ANY AUTHORITY HOLDS THIS CLAUSE UNENFORCEABLE AND/OR UNDER ALL OTHER CIRCUMSTANCES, THE EXCLUSIVE AND SOLE MAXIMUM LIABILITY OF TAR, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, AND ITS AFFILIATES FOR ALL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LOST PROFITS AND LOST OPPORTUNITIES UNDER ANY THEORY OF LIABILITY CAUSES, AND ACTIONS OF ANY KIND SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE LAST THREE MONTHS TO TAR AND/OR ITS AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS OR EMPLOYEES FOR PROCUREMENT OF SERVICES OR CONTENT, OR $200.00, WHICHEVER IS LESSER. YOU SPECIFICALLY AGREE THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND A FUNDAMENTAL ELEMENT OF YOUR AGREEMENT WITH TAR. THE CONTENT OR THE SERVICES WOULD NOT BE PROVIDED WITHOUT THIS LIMITATION OF LIABILITY.
  14. You specifically agree that the commencement of any action or proceeding on any claim of any kind must be brought by you within six months from when the claim arose. You further agree that if an action or proceeding on any claim is not brought within the six month period, you will forfeit the claim forever without recourse.
  15. To the maximum extent permitted by law, you release TAR from any and all liabilities, claims and/or damages of any kind without limitation, known or unknown including negligence and omissions. If you are a California consumer, you fully waive your rights under California Civil Code §1542.
  16. You agree to this Force Majeure clause that TAR shall not be responsible for any damages of any kind or refunds if TAR is unable to perform due to causes beyond its reasonable control including but not limited to acts of God, strikes, riots, pandemic, health issues, cyberattacks and failure of hardware, software or systems.
  17. You agree to defend, indemnify, and hold TAR and employees, officers, directors, contractors and affiliates harmless against all damages, liabilities, claims, actions, costs, expenses, and attorney fees in connection with your breach of this Agreement. You specifically agree that you will pay TAR’s attorney fees, expenses and for its time, in advance, in connection with any litigation or other action even if the litigation or action is the result of TAR’s negligence.
  18. No action or inaction by TAR will set precedence against this agreement or nullify or reduce or change in any way any provision of this agreement.  The TOU supersede and take precedence over any and all other agreements, past, present or future. If any portion of this Agreement is deemed unenforceable, the remaining provisions will continue to be in full force and remain enforceable.
  19. You agree that the governing law is the law of the State of Indiana. You specifically agree that for all purposes, the entire relationship shall be deemed to be confined to Hamilton County, Indiana. You agree that the venue of all dispute resolution, actions or litigation is Hamilton County in Indiana. You specifically agree that Hamilton County India will have personal jurisdiction over you and you shall not contest personal jurisdiction by the State of Indiana In the event of a dispute or claim of any kind, you expressly agree to a three step process. a.) In the first step, you agree to act in complete good faith to cooperate with TAR to resolve all issues informally. You agree to provide complete, accurate and truthful information, documents and answers to all of our questions under oath without limitation to our full satisfaction via any means including emails and personal interviews   to help informally resolve the dispute. You agree that if your personal interviews are needed in the sole discretion of TAR, they will take place in Hamilton County in Indiana and you will be responsible for all expenses. b.) If the first step does not resolve the dispute, you agree to mediation to take place in Hamilton County in Indiana. You and TAR will mutually select an acceptable qualified mediator. You specifically agree to be personally present in the mediation. If parties cannot agree on a mediator, you agree to a court in Hamilton County in Indiana appointing a mediator. c.)  You agree to fully forego all your claims without exception if you fail to fully, accurately and truthfully comply with the foregoing.  Only after the foregoing process is complete and the dispute is still not resolved, you agree that the dispute will be submitted to final and binding arbitration before a three arbitrator panel of the American Arbitration Association in Hamilton County, Indiana.  You agree and fully understand that you are completely waiving your right to have a judge or jury decide the dispute. You expressly agree to refrain from joining or bringing any claims in class-wide capacity or any representative form including but not limited to any class action lawsuits or class-wide arbitration. You expressly agree to have any claims and all claims decided individually and only through arbitration. You agree that you will have a duty to keep all arbitration proceedings confidential including all information, judgements and awards. If arbitration is decided in TAR’s favor, you further expressly agree that you will pay all TAR’s attorney fees, expenses, and for the time of its employees, contractors or affiliates in connection with step b.) and step c.); you agree that this is fair, reasonable and equitable as without this clause you would not have access to content or services from TAR.

 

YOU EXPRESSLY AGREE THAT IF ANY AUTHORITY HOLDS   THIS AGREEMENT UNENFORCEABLE AND/OR UNDER ALL OTHER CIRCUMSTANCES, THE EXCLUSIVE AND SOLE MAXIMUM LIABILITY OF ANY KIND OF TAR UNDER ALL THEORIES,  ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, AND ITS AFFILIATES FOR ALL DIRECT OR INDIRECT DAMAGES, OF ANY KIND, LOSSES, CAUSES, AND ACTIONS OF ANY KIND SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE LAST 3 MONTHS TO TAR  AND/OR ITS AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS OR EMPLOYEES  FOR PROCUREMENT OF OFFERINGS OR $200, WHICH EVER IS LESS.

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