CPM Investing LLC - Investment Publications
1. WELCOME - Welcome to CPM Investing! We hope you'll enjoy and benefit from using CPM Investing LLC's (CPM) collection of services, including the Focused15Investing.com website, regular weekly investment newsletter publications, any special websites, and other services we may provide. Each is a “Service,” and collectively, they are "Services." By using the Services, you're agreeing to be bound by these Terms of Service (“TOS” or “Terms”). These TOS govern your use and access to the websites and all our Services. We may change these terms at any time, but we will make commercially reasonable efforts to post a notice on this website of any material changes. However, we reserve the right to change or even eliminate them with no notice, at our sole discretion. Your continued use of CPM Investing's Services means that you accept any new or modified terms and conditions.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
2. ACCEPTANCE OF TERMS - The following TOS is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with CPM Investing LLC, also known as CPM, reachable at PO Box 878, Summit, New Jersey 07902 and affiliates, in association with the use of CPM Investing's website, which include Focused15Investing.com, (the "Site") and its Services, which shall be defined below.
You acknowledge and agree that by agreeing to these TOS electronically or using any materials provided by CPM you are expressly agreeing to the terms set forth herein.
3. DESCRIPTION OF SERVICES OFFERED - The Site is an e-commerce website which has the following description: Informs viewers about the Focused 15 Investing approach, weekly newsletter publications, and offer complimentary trial subscriptions and other promotions. The information contained in CPM's Services is intended for use solely by individual subscribers and is not offered to institutional investment organizations or other businesses. Please contact CPM for Services intended for organizations.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an online account, the user shall then also be considered a "member."
Once a user contacts CPM or registers on the website for a subscription to one of CPM's investment newsletters, the user shall then also be considered a "subscriber."
The user, who may also be a member and subscriber, acknowledges and agrees that the Services provided and made available through our website and publications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of CPM Investing LLC.
At its discretion, CPM may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this TOS shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. CPM Investing LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such CPM Investing LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
4. MODEL PORTFOLIOS - CPM's Services include weekly publication of model portfolios consisting of select exchange traded funds (ETFs) and their target weight for the coming week. The target weights are not personalized recommendations but are the target weights determined in our processes to be consistent the historical performance simulation indicated. Users can consider those target weights in their own research and decision making processes.
Unless stated otherwise, performance figures are based on historical and backtested simulations made by CPM. Backtested results do not indicate actual or future returns. Current decision rules and parameters are used to simulate historical performance and portfolio statistics. If and when the rules and parameters are revised, those revisions may affect previously reported simulated historical performance and portfolio characteristics.
CPM Investing cannot guarantee that subscribers will be able to mirror the exact performance stated in our track records or promotions. Past results are not necessarily indicative of future performance. Therefore, no subscriber or potential subscriber should assume or expect that future performance of any investment or strategy will be profitable or equal historical or anticipated performance levels.
5. ADMONITION - FINANCIAL MATTERS - Should you intend to use or to join any service, receive or request any such news, messages, email, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. CPM content is provided for informational purposes. CPM and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
Investing and trading in stocks and other securities are risky. Investments in mutual funds and exchange-traded funds mentioned in CPM's Services carry an inherent element of risk, including the potential for loss of principal. Before buying or selling any mutual fund, exchange-traded fund, or security read its prospectus carefully.
CPM cannot guarantee and you should not assume past performance of CPM model portfolios, CPM’s investment strategy, any mutual fund, exchange-traded fund, or any stock, is either an indication of or a guarantee for future results. CPM cannot and does not give any assurance that the trades placed considering CPM information will be profitable.
CPM does not offer individual investment advice and does not seek to know your specific investment objectives, financial situation, or particular needs. CPM does not collect your financial information except as required for the receipt of your subscription.
You agree that you have not provided CPM with your specific investment objectives, financial situation, or particular needs. You agree to use CPM information for informational purposes only. You agree that CPM does not and has not provided you with any investment advice.
You agree that your use of CPM information is at your own risk. You agree that any trades you execute considering CPM Information are taken at your own risk for your own account.
The Services mentioned in CPM Information may not be eligible for sale in some states or countries, and they may not be suitable for you.
CPM is neither a registered broker-dealer nor a registered investment advisor under the laws of the United States or any State or any other jurisdiction.
6. PUBLISHERS' EXCLUSION - CPM Investing is not registered as an investment adviser. For all of its publication services, CPM Investing relies upon the “publishers’ exclusion” from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, CPM Investing does not offer or provide personalized investment advice. We publish information that we believe our readers may be interested and this information reflects our informed opinions. The information that we provide (or that is derived from our website) is not, and should not be construed in any manner to be personalized advice.
The information that we provide or that is derived from our website should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from your professional investment advisor and to make independent investigations before acting on the information that you obtain from CPM Investing, its publications, or its websites.
We encourage our readers to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at http://www.sec.gov, the National Association of Securities Dealers at http://www.nasd.com, and the websites of the organizations that manage and offer the exchange traded funds (ETFs) that we describe in our Services.
7. NO PERSONAL ADVICE - You agree that any recommendation or action taken by a Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you should seek a registered investment advisor.
By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that CPM Investing, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.
Potential Third-Party Services
CPM Investing may partner with third parties in order to make buying and using our Services' recommendations easier for you. We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a security is right for you and you agree to be liable for any trades you initiate at your brokerage using Services and tools that we or our partners provide.
Affiliates of CPM may provide individualized investment advice and investment products. These companies may recommend or hold securities mentioned in our publications. CPM editorial personnel have no nonpublic knowledge of our affiliates' holdings and/or specific recommendations, and the affiliates’ personnel have no knowledge of any editorial content before it is published.
8. MEMBERSHIP REGISTRATION - To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving CPM Investing's Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, CPM may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with CPM and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, CPM Investing LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of CPM Services, or any portion thereof. You agree that you have no right to transfer or assign your User Name or Password or allow others to use your User Name and Password.
9. MEMBERSHIP - TERMINATION - As a member of Focused15Investing.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to Contact@Focused15Investing.com.
As a member, you agree that CPM may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- b) by way of requests from law enforcement or any other governmental agencies;
- c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- d) unexpected technical or security issues and/or problems;
- e) any extended periods of inactivity;
- f) any engagement by you in any fraudulent or illegal activities; and/or
- g) the nonpayment of any associated fees that may be owed by you in connection with your Focused15Investing.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Focused15Investing.com shall include any and/or all of the following:
- a) the removal of any access to all or part of the Services offered within Focused15Investing.com;
- b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- c) the barring of any further use of all or part of our Services.
11. MEMBER ACCOUNT SECURITY - When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify CPM immediately if you notice any unauthorized access or use of your account or password or any other breach of security. CPM Investing LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
12. SUBSCRIPTIONS - To subscribe to CPM's investment newsletter publications, you must provide true and complete registration information, including, without limitation, your legal name, e-mail address, and postal address. You represent that you have provided that information truly and completely. You agree to maintain and update this information as necessary to keep it true, complete, and current. CPM reserves the right to terminate your subscription or limit access to the website if any portion of the information you provide to CPM is false, incomplete, or dated.
Current rates for our Services may be obtained via electronic mail at Contact@Focused15Investing.com. We reserve the right to change fees, to offer promotional fees or to institute new fees at any time as provided in this TOS.
CPM Services may provide a free trial, introductory offer, or other promotional offer to users generally or individually. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one trial per person and household in any given six-month period unless otherwise stated in the offer.
Subscription fees are to be paid monthly at the beginning of the month of service. Payment can be made on the website through PayPal or by check (payable to “CPM Investing LLC”) to PO Box 878, Summit, NJ 07902.
13. SUBSCRIPTIONS - TERMINATION - Upon signing up for a free trial, you will have access to the Service for the promotional trial period. You may contact CPM at Contact@Focused15Investing.com to terminate your trial subscription at any time.
You may cancel your regular subscription and your access to the website at any time. To cancel your subscription, you must give notice to CPM in writing either via e-mail at Contact@Focused15Investing.com.
All amounts received for subscriptions to publications are nonrefundable. The subscription fees you paid will not be refunded or prorated if you cancel your subscription.
In the event that CPM determines that you breached this Agreement or any term or condition or provision of the Agreement, including non-payment, CPM has the right, but not the obligation, to immediately cancel your subscription and to terminate your access to the website or other services or products being provided to you by CPM without a refund.
The obligations of CPM to you under this TOS, including providing access to the website and delivering publications, are terminated as of the cancellation of your subscription without further notice to you. Cancellation does not terminate this agreement with respect to your obligations under this agreement. In any event, your obligations under this TOS and the disclaimers and limitations of liabilities in this agreement shall survive until the expiration of the applicable statute of limitations.
14. CONDUCT - As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the CPM Services, and as such, we do not guarantee the accuracy, integrity or quality of such content.
It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by CPM. Furthermore, you herein agree not to make use of CPM's Services for the purpose of:
- a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- b) causing harm to minors in any manner whatsoever;
- c) impersonating any individual or entity, including, but not limited to, any CPM officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
- j) interfering with or disrupting any CPM Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
- m) "stalking" or with the intent to otherwise harass another individual; and/or
- n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
CPM Investing LLC herein reserves the right to prescreen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. CPM herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- a) compliance with any legal process;
- b) enforcement of the TOS;
- c) responding to any claim that therein contained content is in violation of the rights of any third party;
- d) responding to requests for customer service; or
- e) protecting the rights, property or the personal safety of CPM Investing LLC, its visitors, users and members, including the general public.
CPM Investing LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by CPM or any other content providers supplying content services to CPM. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
- a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
16. CONTRIBUTIONS TO COMPANY WEBSITE - CPM Investing LLC may provide areas for our users and members to contribute comments and feedback on our website. When you submit ideas, comments, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
- a) your Contributions do not contain any type of confidential or proprietary information;
- b) CPM Investing shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- c) CPM Investing shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- d) the contributor's Contributions shall automatically become the sole property of CPM Investing; and
- e) CPM Investing is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
17. INDEMNITY - All users and/or members herein agree to insure and hold CPM Investing LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of CPM Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
18. COMMERCIAL REUSE OF SERVICES - The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to CPM Investing's sites.
19. USE AND STORAGE GENERAL PRACTICES - You herein acknowledge that CPM Investing LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by CPM, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on CPM's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that CPM has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, CPM shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
20. MODIFICATIONS - CPM Investing LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
21. ADVERTISERS - Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that CPM Investing LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
22. LINKS - Either CPM Investing LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that CPM shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
23. PROPRIETARY RIGHTS - You do hereby acknowledge and agree that CPM Investing LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content that may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by CPM or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on CPM Services (e.g. Content or Software), in whole or part.
CPM Investing LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
You also agree not to access or attempt to access our Services through any means other than through the interface which is provided by CPM Investing LLC for use in accessing our Services.
24. WARRANTY DISCLAIMERS - YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF CPM INVESTING LLC SERVICES, TOOLS, AND SOFTWARE (CONTENT) ARE AT THE SOLE RISK BY YOU. OUR CONTENT SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. CPM INVESTING LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) CPM INVESTING LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) CPM INVESTING LLC CONTENT WILL MEET YOUR REQUIREMENTS; (ii) CPM INVESTING LLC CONTENT SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CPM INVESTING LLC CONTENT WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY CONTENT, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR CONTENT WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CPM INVESTING LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CPM INVESTING LLC OR BY WAY OF OR FROM OUR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
25. LIMITATION OF LIABILITY - YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CPM INVESTING LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, CAPITAL, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
26. RELEASE - In the event you have a dispute, you agree to release CPM Investing LLC (and its officers, directors, employees, agents, subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
27. EXCLUSION AND LIMITATIONS - THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
28. THIRD PARTY BENEFICIARIES - You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
29. NOTICES AND COMMUNICATION - CPM Investing LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
30. INTELLECTUAL PROPERTY - CPM Investing LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion,
CPM Investing LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- c) A description of the location of the site which you allege has been infringing upon your work;
- d) Your physical address, telephone number, and email address;
- e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The CPM Investing LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
CPM Investing LLC
Attn: Copyright Agent
PO Box 878
Summit, New Jersey 07902
31. TRADEMARK & COPYRIGHT INFORMATION - You herein acknowledge, understand and agree that all of the CPM Investing LLC trademarks, copyright, trade name, service marks, and other CPM Investing LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of CPM Investing LLC. You herein agree not to display and/or use in any manner the CPM Investing LLC logo or marks without obtaining CPM Investing LLC's prior written consent.
32. ENTIRE AGREEMENT - This TOS constitutes the entire agreement between you and CPM Investing LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to CPM Investing LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other CPM Investing LLC Services, affiliate Services, third-party content or third-party software.
33. CHOICE OF LAW AND FORUM - It is at the mutual agreement of both you and CPM Investing LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and CPM Investing LLC, shall be filed within the courts having jurisdiction within the County of Morris, New Jersey or the U.S. District Court located in said state. You and CPM Investing LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
34. WAIVER AND SEVERABILITY OF TERMS - At any time, should CPM Investing LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
35. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY - You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
36. VIOLATIONS - Please report any and all violations of this TOS to CPM Investing LLC as follows:
CPM Investing LLC
PO Box 878
Summit, New Jersey 07902
38. CONTACT AND EFFECTIVE DATE - Email for all contact with CPM Investing LLC: Contact@Focused15Investing.com
Effective as of October 31, 2019
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time CPM Investing LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner. This Policy applies to CPM Investing LLC, and it governs any and all data collection and usage by us. Through the use of Focused15Investing.com and submitting information to CPM Investing through other means, you are therefore consenting to the data collection procedures expressed in this Policy.
Specifically, this Policy will inform you of the following
- 1. What personally identifiable information is collected from you through our website;
- 2. Why we collect personally identifiable information and the legal basis for such collection;
- 3. How we use the collected information and with whom it may be shared;
- 4. What choices are available to you regarding the use of your data; and
- 5. The security procedures in place to protect the misuse of your information
2. Information We Collect - It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with products or services. This website collects various types of information, such as:
- Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
- Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
In addition, CPM Investing LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service. CPM Investing LLC may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.
3. Why We Collect Information and For How Long - We are collecting your data for several reasons:
- To better understand your needs and provide you with the services you have requested;
- To fulfill our legitimate interest in improving our services and products;
- To send you promotional emails containing information we think you may like when we have your consent to do so;
- To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
- To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
4. Use of Information Collected - CPM Investing LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties. CPM Investing LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from us. CPM Investing LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
CPM Investing LLC uses various third-party social media features including but not limited to Google, FaceBook, Vimeo, and Godaddy and other interactive programs for supporting CPM Services and promotional activities and may use your information with these entities. These entities may also collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within CPM Investing LLC's control.
5. Disclosure of Information - CPM Investing LLC may not use or disclose the information provided by you except under the following circumstances:
- as necessary to provide services or products you have ordered;
- in other ways described in this Policy or to which you have otherwise consented;
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
- as required by law, or in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- as necessary to maintain, safeguard and preserve all the rights and property of CPM Investing LLC.
6. Non-Marketing Purposes - CPM Investing LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes, such as bug alerts, security breaches, account issues, and/or changes in CPM Investing LLC products and services. In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
7. Children Under the Age of 13 - CPM Investing LLC's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
8. Unsubscribe or Opt-Out - All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters.
To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to Contact@Focused15Investing.com.
If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. CPM Investing LLC will continue to adhere to this Policy with respect to any personal information previously collected.
10. Notice to European Union Users - CPM Investing LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
11. Security - CPM Investing LLC takes precautions to protect your information. When you submit sensitive information via the website or directly to CPM Investing, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
CPM Investing LLC
PO Box 878
Summit, New Jersey
Revised October 13, 2019
PO Box 878, Summit, NJ 07902, USA
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