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 IS 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. YOU SPECIFICALLY AGREE THAT ALL OF THE FOLLOWING IS FAIR, REASONABLE, AND EQUITABLE AS WITHOUT THESE PROVISIONS YOU WOULD NOT HAVE ACCESS TO CONTENT OR SERVICES FROM TAR.

  1. By accessing this site or associated sites or newspapers or newsletters or alerts or reports or publications or podcasts or videos or events or content or sites of any kind or offering any kind or services of any kind or registering for a seminar or attending a seminar or paying for a subscription or membership, 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. You agree that your entire relationship will be deemed to be with the corporation The Arora Report, Ltd. You agree that for the purpose of any disputes or claims, you will have no relationship without any limitation with the employees, officers, directors, contractors, and affiliates of The Arora Report, Ltd. You specifically agree that you will have no claims of any kind without limitation against Nigam Arora as a person in his individual capacity.
  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 the 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 the 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. You agree that if at any time, you have a complaint or dissatisfaction of any kind, you will immediately stop accessing, reading, listening, watching, and using the content or the service; in such an event, it is your sole responsibility to cancel your subscription or membership. It is not TAR’s responsibility to cancel your subscription or membership. The minimum duration of a subscription, without exception, is one year. You save money when you pay for a yearly subscription in one lump sum. You can avail of paying your yearly subscription contract in installments. Each installment is an integral part of the original transaction and you specifically agree that each installment is not a separate transaction. You agree that when you pay the one yearly transaction in installments, you will pay more compared to paying one lump sum.  Subscriptions of less than one year are not offered and under no circumstance, the installments to pay the one yearly transaction will be construed as separate transactions or relieve you of your responsibility to pay all installments. All renewals, without exception, will be for one year. You can pay for the renewal in one lump sum or in installments. Each renewal is one yearly transaction and you specifically agree that each renewal installment is not a separate transaction.
  5. You agree that the content is for information and education only, impersonal in nature, and 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 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 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 the use of cookies by TAR.
  7. All content is copyrighted and the 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. The definition of a lifetime is until the service is no longer offered. TAR reserves the right to cease one or more of its services at any time without notice. In such an event as termination of one or more services, no refunds will be offered and no refunds shall be owed for subscription services of any and all duration and terms. Any unused portion may be applied to other subscriptions or offerings from TAR.
  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 canceled after a subscriber cancels. It is a subscriber’s 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 set up 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 WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES 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 two months from when the claim arose. You further agree that if an action or proceeding on any claim is not brought within the two-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 but not limited to negligence and omissions. If you are a California consumer, you fully waive your rights under California Civil Code §1542. You specifically agree to waive any and all rights you may have under statutes that are waivable including but not limited to consumer statutes and deceptive trade practices statutes.
  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 supersedes and takes 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 SPECIFICALLY AGREE THAT THE EXCLUSIVE FORUM FOR ANY AND ALL LAWSUITS, PROCEEDINGS, OR ACTIONS IS THE STATE OR FEDERAL COURT IN THE STATE  OF INDIANA AND NOT ANY OTHER COURT OUTSIDE CENTRAL INDIANA.  YOU SPECIFICALLY AGREE THAT INDIANA IS A CONVENIENT FORUM FOR YOU AND YOU WILL NOT SEEK ANY OTHER FORUM ON THE DOCTRINE OF FORUM NON-CONVENIENS  OR OTHERWISE. You agree that the governing law is the law of the State of Indiana. You specifically agree that for all purposes, the entire relationship between you and TAR shall be deemed to be confined to Hamilton County, Indiana even though you may be outside Indiana. You agree that the venue of all dispute resolutions, actions, or litigations is Hamilton county in Indiana or Marion county in Indiana if it is a Federal court. YOU SPECIFICALLY AGREE NOT TO BRING ANY ACTION OR LAWSUIT OF ANY KIND IN ANY JURISDICTION OR FORUM OTHER THAN HAMILTON COUNTY INDIANA  OR MARION COUNTY INDIANA IF IT IS A FEDERAL COURT. IF YOU FILE A CLAIM OR LAWSUIT OR ACTION OUTSIDE HAMILTON COUNTY  OR MARION COUNTY INDIANA, YOU SPECIFICALLY AGREE THAT YOU WILL BE FULLY  RESPONSIBLE FOR TAR’S ATTORNEY FEES AND FOR THE TIME OF TAR’S EMPLOYEES, CONTRACTORS, AND AFFILIATES, AS WELL AS ALL EXPENSES, INCURRED PLUS YOU WILL BE RESPONSIBLE FOR PAYING TAR A MINIMUM LIQUIDATED DAMAGE OF $100,000 OR ACTUAL DAMAGES TO TAR AT TAR’S CHOOSING. You specifically and irrevocably agree that the courts in  Hamilton county or Marion county Indiana will have exclusive personal jurisdiction over you and you shall not contest personal jurisdiction by the courts in the State of Indiana.  In the event of a dispute or claim of any kind arising in any way, including but not limited to contract, tort, common law, statute, deception, fraud, omission, misrepresentation, notice or lack of notice, disclosure or lack of disclosure, or any other legal theory, 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 TAR’s questions under oath without limitation to TAR’s 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 at 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 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 Indiana appointing a mediator.  You agree to fully forego all your claims without exception if you fail to fully, accurately, and truthfully comply with the foregoing.  c.) Only after the foregoing process is complete and the dispute or claim is still not resolved, in the third step, 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 a 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. If a three-arbiter panel or American Arbitration Association is not available, TAR will have the right to select an alternative arbitration and you agree to waive all objections to the alternative arbitration.You agree that you will have a duty to keep all arbitration proceedings confidential including all information, judgments, 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 steps a.),  b.), and step c.). YOU SPECIFICALLY AGREE THAT IF YOU FILE A LAWSUIT OR ANY ACTION OF ANY KIND IN A JURISDICTION OR FORUM OTHER THAN HAMILTON COUNTY  OR MARION COUNTY INDIANA, YOU WILL IMMEDIATELY AND SIMULTANEOUSLY PAY $100,000 TO TAR TO BE APPLIED TOWARDS MINIMUM LIQUIDATED DAMAGES OF $100,000 YOU WOULD OWE TO TAR AND YOU SPECIFICALLY AGREE THAT YOU WAIVE ALL  OBJECTIONS AND DEFENSES TOWARDS THE PAYMENT OF $100,000 TO TAR.  YOU SPECIFICALLY AGREE THAT YOU WAIVE ALL DEFENSES AND OBJECTIONS TO IMMEDIATE DISMISSAL OF A LAWSUIT OR ANY ACTION THAT YOU FILE IN A JURISDICTION OR FORUM OTHER THAN HAMILTON COUNTY  OR MARION COUNTY INDIANA.  YOU SPECIFICALLY AGREE THAT NO COURT OTHER THAN A COURT IN HAMILTON COUNTY OR MARION COUNTY INDIANA WILL HAVE ANY KIND OF JURISDICTION OVER TAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WITHOUT LIMITATION REGARDING ANY MATTER RELATED TO YOU. YOU SPECIFICALLY AGREE THAT ALL OF THE FOREGOING IS FAIR, REASONABLE, AND EQUITABLE AS WITHOUT THESE PROVISIONS YOU WOULD NOT HAVE ACCESS TO CONTENT OR SERVICES FROM TAR.
  20. You specifically agree that any part, provision, representation, or warranty of this TOU that is prohibited, or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining full or partial provisions hereof which will remain in full force and effect.

 

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, WHICHEVER IS LESS.