Gold & Silver Trader

TERMS & CONDITIONS

These Terms and Conditions (the “Terms”) apply specifically to Gold & Silver Trader (GST). Due to the unique nature of gold and gold stock investing, they may differ from those that apply to our other Weiss Group products and services.

Automatic renewal: Unless you are a member of our lifetime membership service, your membership will continue for the initial term of the membership (the “Initial Term”). We will notify you ahead of time when it is coming up for renewal, we will give you the opportunity to respond, and unless you tell us not to, we will renew you automatically at the end of the Initial Term for successive Renewal Terms, as outlined in our Cancellation/Termination Policy. This way you lock in your current discount for as long as you remain a member.

As a convenience to its users, Weiss Group subscribes to a third-party service wherein if your payment details change your credit card provider may provide updated card information. We may use this new information for your future membership payments ("Account Updater").

You may remove the benefit of automatic renewal by using the Self-Service portal accessible through the ‘My Account’ link on our website, or by notifying our Customer Service Department by telephone at (877) 934-7778 Monday through Friday between the hours of 8:30 AM and 5:30 PM EST or directly at [email protected].

In addition, on your renewal membership fee, you can receive a full refund if you cancel within 30 days of the renewal.

Refund policy:  If you have subscribed for more than one year, you may cancel the second, third, fourth (etc.) year of your membership. However, your first-year membership fee is not refundable.

Two options you do have: If recommendations provided in GST do not enable you to make 1,000 profits after your first year, let us know and, if you wish, we will extend, at no additional cost, your membership for an additional year beyond your current expiration date.

Alternatively, if you are dissatisfied with GST for any reason, let us know and we will give you a credit for the unused balance of your membership fee, minus our cost of any physical premium that we may have shipped you, such as a bullion bar or coin. We will then apply your credit to the membership fee of another one of our services that may better suit your needs.

Trade examples:  The gains shown are based on historical data, using Sean Brodrick’s Gold X index, which combines (a) his gold stock selection methodology and (b) a unique timing indicator based on price, volume and other factors. Most trade examples are derived strictly from the purchase of mining shares, the core of the service. In addition, as an extra optional benefit, Mr. Brodrick may also occasionally recommend “Amplifier Trades,” based on the simple purchase of call options, in which the risk of loss is limited to the premiums paid. All investments involve risk and some can be speculative. However, speculation involving debt, margin accounts or futures is not used in the examples shown and is never recommended.

Investors should also recognize that gains based on historical data may have some limitations. For example, they do not include transaction fees. Nor do they account for the fact that investors don’t always get the prices they expect.

Risk: Any kind of trading is considered speculative and involves risk of loss. Although we make every effort to protect your principal, you can lose money. Therefore, GST is not for all of your funds. If your goal is strictly capital preservation, we believe you should invest those funds in conservative investments such as short-term US Treasury securities or equivalent. For more information on prudent investing, see also the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.FINRA.org. Any money you allocate to speculative investments should be strictly the money you can afford to risk without jeopardizing your daily life, and without negatively impacting your plans for education, retirement, or long-term care.

Weiss Ratings is a publisher. Weiss Ratings, LLC (“Weiss Ratings”) is strictly a financial ratings and research publishing firm (a publisher) and does not provide individual investment advice to its subscribers. Weiss Ratings is not an investment adviser, money manager or a registered securities broker/dealer.

Not personal: Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendations to buy, hold, or sell investments, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person. Such recommendations may only be made by a personal adviser or broker you select.

Our editors and staff will gladly answer your generic questions regarding our service and our recommendations in a factual manner. However, none of the GST creators, editors, providers, contributors or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular stock, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice which they cannot provide.

The views expressed in GST are the author’s own opinions. And these may sometimes differ from the opinions provided in other services we publish.

Our data sources: Most of the information we publish is derived from primary sources, including the publicly traded companies we cover and government sources. We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure that the information is always accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or recommendations.

Performance Tracking. To help give investors a model to refer to, we will follow the same recommendations as made in GST with the following critical difference: We will wait at least two hours before executing each trade. And sometimes, depending on market conditions, we may wait longer. Due to the differences in timing and the prices we get, our results will naturally differ from those of subscribers. The results each subscriber achieves may differ depending on the actual prices paid or received and the commissions paid.

Profit illustrations: Examples of potential performance returns which we cite may sometimes be based on simulated — not actual — trades, assuming entry and exit prices that could have been obtained during regular market conditions. These entry and exit prices calculated do not reflect or include costs of spreads, market delays, or fees and commissions. Similar returns may or may not be actually achieved by subscribers.

While every effort is made to evaluate the actual experience of subscribers, performance figures must be considered hypothetical, and past results are no guarantee of future performance. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. No representation is being made that any account will probably achieve profits or losses similar to those shown.

References to examples of past performance are not intended to provide a total picture of portfolio results. Your results may vary considerably depending on a series of factors, including: (a) when you begin or cease investing, (b) which recommendations you choose to act on, (c) how much money you choose to invest in each recommendation, (d) the specific prices you get, (e) the commissions you pay, (f) the interest income you earn on uninvested funds, and (g) the number and magnitude of losing or winning trades you experience. Past results are not necessarily indicative of future performance.

Privacy Protection and Opt-In Policy: We do not contact customers or viewers unless requested to do so by those individuals requiring or requesting further information from us. For many services, both paid and free, Weiss Ratings requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials sent from Weiss Ratings. And the only people who will receive offers from organizations outside of Weiss Ratings are those who specifically "opt-in" to receive that information. Note that they can choose to "opt-out" of the list at any time.

Registrants are "opted out" of receiving future mailings regarding product updates and promotions by default in the registration process.

Registration and Privacy: In order to gain access to portions of GST and other Weiss Ratings publications (individually, a “Service” and collectively, the “Services”), you must 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, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services 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 GST registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.

Our policy with respect to the collection and use of Your personal information is set forth in our Privacy Policy.

As a member, you also have certain other obligations relating to Your account:

Important Disclaimer Regarding the Information We Provide: Weiss Ratings, LLC is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, digital currency, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators of our Services or their affiliates, outside contributors or independent contractors 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. 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.

Independent Contracted Editors: Weiss Ratings, LLC is strictly a publisher of financial information. Neither Weiss Ratings nor any of its affiliated companies are registered investment advisers or broker/dealers. However, at times Weiss Ratings may have agreements with independent editors who are or have acted in their own capacity as an investment adviser or broker outside the scope of their editorial responsibilities with Weiss Ratings. Any business relationship you may enter with an independent editor is not associated, condoned, affiliated or endorsed by Weiss Ratings. Any independent editor acting in the capacity as a registered adviser or broker is OUTSIDE the scope of their agreement and contracted responsibilities with Weiss Ratings.

User Conduct: You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with Your use of the Service, you agree not to:

You also agree that at all times you will:

Intellectual Property: This Service, including but not limited to text, content, photographs, video, audio, and graphics is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Service. You may not use the Service for any illegal purpose or in any manner inconsistent with these Terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Weiss Ratings. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Weiss Ratings and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Weiss Ratings and such others. You agree to protect the proprietary rights of Weiss Ratings and all others having rights in the Service during and after the term of this Agreement and to comply with all reasonable written requests made by Weiss Ratings or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Weiss Ratings in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory or common law rights.

Restrictions on use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Service, except that you may download or make one print copy of this Service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included on Weissratings.com may not be recirculated, redistributed or published without prior written consent from Weiss Ratings. Modification of the Service's content is a violation of Weiss Ratings copyright. No part of this Service may be offered for sale or distributed.

Use of testimonials: The performance experienced by a subscriber as described in user comments and/or testimonials in any of our promotional advertising or on our website is not necessarily reflective of what you should expect to experience. Although Weiss Ratings accepts the testimonials in good faith, it has not independently examined the business records of any of the users and therefore has not verified any specific figures or results quoted therein. These results may not be typical, and your performance, if any, will vary depending upon many factors which include, but are not limited to, how closely you follow the recommendations, the price you paid/received, and commissions paid. There is also risk you will not make any money at all or could even lose money. In the event that a customer does not provide us with a usable picture or video/audio of themselves, the testimony presented are Actual Testimonials from our Customers but may be a represented by a stock photo or recorded by a third party. Testimonials may be edited for clarity or brevity. No one has been paid to share their stories.

Links to other websites: Your use of certain services made available to you by Weiss Ratings may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for Your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all services and tools is solely at Your own risk.

Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Third-party content: Certain areas of Weiss Ratings publications and/or websites may feature “Outside Content,” which is content identified as or attributed to a party other than us, including without limitation articles licensed to us and third-party advertisements. You understand that Outside Content (information, advertisements, articles, data, text, images, hyperlinks to non-Weiss Ratings sites or other materials) displayed on Weiss Ratings publications and/or websites are the sole responsibility of the person or entity who created such content. You acknowledge that Weiss Ratings is not the creator of Outside Content and, as such, Weiss Ratings does not guarantee the accuracy, integrity or quality of such content.

License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with these Terms. Should you choose to download content from the Service, you must do so in accordance with the Terms. Such download is licensed to you by Weiss Ratings only for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.

Rights reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Weiss Ratings, at all times be and remain the sole and exclusive property of Weiss Ratings. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Weiss Ratings for its exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Weiss Ratings or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Weiss Ratings prior written approval.

Copyright/Trademarks: The entire contents of Weissratings.com and related website (the “Sites”), including the Materials, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Weiss Ratings owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks on the Sites are the service and trademarks of Weiss Ratings or affiliated companies. Without Weiss Ratings prior written permission, you shall not display, reproduce, or use, in any manner any such marks; nevertheless, all goodwill associated with any use by you thereof will inure exclusively to Weiss Ratings or their respective owners. The Materials may not be copied, reproduced, or distributed in any way, in whole or in part, without the express prior written permission of Weiss Ratings, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.

PERSONAL USE LICENSE:

“Personal Use” shall mean Use of the Material for your customary personal purposes. "Personal Use" shall not mean any distribution for commercial purposes whatsoever of the Material or any component or Derivative Work thereof. “Personal Use” shall not include any Use of the Materials Products by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use of the Digital Downloadable Products.

Weiss Ratings grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any device you use to access the Sites for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit) to: (i) copy or adapt the source or object code of any Sites' software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience of the Sites.

This License is subject to Weiss Ratings Terms of Service. There is no warranty, express or implied, with the purchase of the Materials, including with respect to fitness for a particular purpose. Weiss Ratings will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the Materials.

User Submissions: You may submit editorial requests, creative suggestions, ideas, notes, concepts, information, feedback, testimonials or other materials (collectively, “User Submissions”) to Weiss Ratings through a variety of media, including without limitation through e-mail or online submissions. You grant us, including any of our assignees, a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual and 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 User Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. By providing a User Submission, you also acknowledge that the User Submission may be posted online or otherwise reproduced by Weiss Ratings, and waive any privacy or publicity rights you may have relating to the User Submission or use of your name or identity in conjunction therewith.

Weiss Ratings may, at its sole discretion, remove or prevent access to, in whole or in part, any online User Submission, for any reason or no reason, including any material it deems in violation of its standards. The disclaimers applicable to Outside Content (see above Third-party Content Paragraph) apply to User Submissions.

If Weiss Ratings decides to publish your comment or testimonial, we may also publish your first name, the first initial of your last name, your city, and your state next to your comment. Other information that you provide to Weiss Ratings (such as your full name) will not be published. For more information concerning how we protect and share your personally identifiable information, see our Privacy Policy.

By submitting your name, you allow Weiss Ratings to publish your comment/testimonial and you also state that:

Prohibited Activities.

You shall not alter or make any changes or additions to any material obtained from Weiss Ratings.

You shall not provide third parties with direct access to Weiss Ratings Services or Materials so that the third parties may use the Services or Materials directly.

You shall not co-brand or alter any trademarks or copyrights.

You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or by Weiss Ratings without the prior written consent of Weiss Ratings.

For the purpose of this Agreement, "derivative work" shall mean any change to the Documentation or any new document that contains any portion of the Documentation.

Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Weiss Ratings makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Weiss Ratings does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Weiss Ratings, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Weiss Ratings, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Weiss Ratings by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.

The content of other Web sites, services, resources, goods or advertisements (including those for which Weiss Ratings may receive compensation) that may be linked to the Service is not maintained or controlled by Weiss Ratings. Weiss Ratings is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Weiss Ratings does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. Weiss Ratings is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Weiss Ratings and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms. You acknowledge that the Service is provided for information purposes only and is not intended for trading purposes. Weiss Ratings does not guarantee the sequence, accuracy, completeness or timeliness of the Service and the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Weiss Ratings is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Weiss Ratings, its officers and employees, partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WEISS RATINGS, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A WEISS RATINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Weiss Ratings total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing the Services.

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Termination of Terms: Either you or Weiss Ratings may terminate the Terms at will, at any time and effective immediately. You may terminate the Terms by discontinuing use of the Service and destroying all materials obtained from the Service. These Terms will terminate immediately without notice from Weiss Ratings if you, in Weiss Ratings sole discretion, fail to comply with any provision of these Terms. Upon termination by you or upon notice of termination by Weiss Ratings, you must destroy promptly all materials obtained from the Service and any copies thereof.

Governing law: This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Palm Beach County in the State of Florida with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms of service.

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Severability of Terms: If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.

Changes to the Terms and Conditions and Use of Our Services: We reserve the right at any time to:

Any changes we make to the use of our Service will be effective immediately after we post the modified Use of Service on our Sites. In the event that you have the Use of Service cached on your browser, the Use Of Service that applies to you is the most recent version of the Use of Service that appears on a non-cached browser. In addition, if a Service is added or removed, or the terms of their engagement have changed, the Use of Service may be modified with respect to such Service. You should check the Use of Our Service frequently.

Agreement in entirety: These Terms are the entire agreement between you and Weiss Ratings.

ACKNOWLEDGEMENT AND AGREEMENT

Notwithstanding any other agreement or other communications between Weiss Ratings and you to the contrary, receipt or use of any material provided by Weiss Ratings, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.

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