Edited by Paul McWilliamsMeet the Editor >
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.
Last revised: September 2011
Indie Research, LLC ("we" "us", or "Indie Research"), along with Vizue, LLC ("Vizue"), provides the website known as NextInning.com ("Next Inning"), as well as all services related to the website (collectively, "the Site"), including various newsletters ("Newsletters"), subject to your compliance with the terms and conditions set forth in this agreement ("Agreement"). By using or accessing the Site or the Newsletters, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use or access the Site or the Newsletters.
This Agreement is made between Indie Research and you, the visitor to or member of the Site ("you"). We reserve the right at any time to change the terms and conditions of this Agreement, to change the Site, including by eliminating or discontinuing any content on or feature of the Site, and to change any fees or charges for use of the Site. Any such changes will be effective as of the date that we post the revised Agreement on the Site. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
Ownership and Restrictions on Use. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. © 2004-2013 Indie Research, LLC and Vizue, LLC. All Rights Reserved. Subject to your compliance with the terms and conditions of this Agreement (including the conditions in the "Code of Conduct" Section), we grant you the nonexclusive, revocable right, solely for your personal use, to access the material on the Site and to download and print only one copy of the material on the Site. You may not reproduce, modify, publicly perform or display, republish, upload, post, transmit, or distribute materials from the Site in any way without our prior written permission. Any use of the materials found on the Site in any way not authorized by us is a violation of this Agreement and may also constitute copyright infringement, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in the Site or its contents by accessing or using the Site.
"Next Inning", "Next Inning Technology Research", and the "Next Inning" tag line and logo are all trademarks and service marks of Indie Research. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
Code of Conduct. We grant you access to the Site on the condition that you not:
Registration for the Site. "Member" means those users who pay a periodic service fee to subscribe to the Site. To have unlimited access to the Site and the Services, you must be a Member. You must be 18 years of age or older to be a Member. If you register to become a Member, you must (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) maintain and update your information to keep it accurate, current, and complete. You are responsible for all activity under your Site account. We may offer trial subscriptions, but you may only use one trial subscription per year.
YOU ARE SOLELY RESPONSIBLE (i) FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND (ii) FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
If you are a subscriber of the Site, and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and immediately notify us by emailing us at: email@example.com.
You may not sell or otherwise transfer your Site account or otherwise do anything to give another person access to it. We reserve the right, in our sole discretion, to suspend or terminate any Site account or to block your access to the Site at any time if we suspect that you have not complied with this Agreement or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates any applicable laws or regulations.
You agree to pay all fees and charges incurred in connection with your subscription to the Site (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
Cancellation. You may cancel your subscription to the Site by notifying our Customer Service Department at 1-888-278-5515 (Hours of operation: Monday-Friday 9am - 5pm EST), by visiting: /manage.php or by emailing firstname.lastname@example.org. Cancellation will take effect no later than 10 business days after we receive your notification. Monthly subscriptions will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
Termination. This Agreement will remain in effect until terminated in accordance with its terms. If you are a Member, Indie Research may terminate this Agreement, and your access to and use of the Site or any portion thereof, immediately, if we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any monies that may be due under the Cancellation Section of this Agreement, to terminate this Agreement without cause. If you are not a Member, we may terminate this Agreement immediately without cause at any time.
Jurisdictional Issues. The Site is intended solely for individuals residing in the United States. We make no representation that the contents of the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk, and you are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Links to Other Websites. The Site 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 are not 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.
DISCLAIMERS. WE PROVIDE THE SITE AND ALL OTHER PRODUCTS AND SERVICES RELATED TO IT ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER TO YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YOU HAVE DISCLOSED THE PURPOSE TO US); (C) QUALITY; (D) ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATIONAL CONTENT; OR (E) NON-INFRINGEMENT.
ALTHOUGH WE TAKE COMMERCIALLY REASONABLE EFFORTS TO KEEP THE SITE RUNNING AND FREE OF ERRORS AND VIRUSES, WE MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE. YOUR USE OF THE SITE AND ITS CONTENTS, AND ANY RELIANCE UPON THEM, IS AT YOUR SOLE RISK. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND WE MAY MAKE IMPROVEMENTS OR OTHER CHANGES TO THE SITE AT ANY TIME.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL INDIE RESEARCH, LLC, VIZUE, LLC OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR THE LOSS OF REVENUE, PROFITS, OR ANTICIPATED PROFITS OR THE INTERRUPTION OR LOSS OF BUSINESS OR DATA, WHETHER SUCH CLAIM ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO (A) YOUR COMPUTER SYSTEM OR ANY OTHER DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR ANY DATA ON YOUR COMPUTER SYSTEM OR (B) ANY OTHER DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND THE SITE’S CONTENT IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE) WILL BE THE TOTAL AMOUNT PAID BY YOU TO ACCESS THE SITE. THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Indemnification. You agree to indemnify, defend and hold Indie Research and its officers, directors, employees, agents and representatives and Vizue and its officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, liabilities, losses, costs (including reasonable attorneys' fees), or other expenses arising from or related to (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; or (c) your activities in connection with the Site or any services related to the Site. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any party’s contesting the applicability of this provision. This section survives any termination of this Agreement.
MANDATORY ARBITRATION OF DISPUTES - ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SUBSCRIBER AND INDIE RESEARCH OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, OR VIZUE OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION PRECLUDES THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY, OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who will cooperate in good faith to select the arbitrator. The arbitration will be conducted under the then-applicable rules of the American Arbitration Association and shall be conducted in an office of the American Arbitration Association in New Jersey. Any required hearing fees and costs will be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator will have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY, AND MUST BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW JERSEY APPLICABLE TO CONTRACTS ENTERED INTO AND FULLY PERFORMED THERE, UNLESS DOING SO WOULD RESULT IN THE APPLICATION OF THE LAW OF ANY JURISDICTION OTHER THAN NEW JERSEY. THE PARTIES IRREVOCABLY (A) AGREE TO BRING ANY CLAIM ARISING FROM THIS AGREEMENT EXCLUSIVELY IN THE APPLICABLE FEDERAL OR STATE COURTS IN THE STATE OF NEW JERSEY AND (B) WAIVE ANY OBJECTION TO THAT JURISDICTION AND VENUE ON THE GROUNDS OF INCONVENIENCE OR OTHER REASONS.
Indie Research LLC, and its owners and directors are not registered investment advisors, broker/dealers, or research analysts/organizations.
Vizue LLC, and its owners and directors are not registered investment advisors, broker/dealers, or research analyst/organizations.
Paul McWilliams is not a registered investment advisor or research analyst.
You are advised that the commentary and reports provided on the Site and in the Newsletters are issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. The opinions and commentary included in the Site and the Newsletters are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITIES MENTIONED IN THE NEXT INNING NEWSLETTER OR THE SITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.
Readers are urged to consult with their own independent financial advisors with respect to any investment. All information contained in this report should be independently verified with the companies mentioned.
The Newsletters and other content on the Site are limited to the dissemination of impersonal and objective investment-related information. The Newsletters and other content on the Site should not be construed as Indie Research's (i) solicitation to effect, or attempt to effect transactions in securities or (ii) provision of any investment related advice or services tailored to any particular individual's financial situation or investment objectives.
Indie Research, Vizue, and their respective officers, directors, partners, contributors, employees, and consultants may on occasion hold positions in the securities mentioned in the Site and the Newsletters. The author of each article makes any necessary disclosures concerning his relationship to the companies mentioned in the article.
Last revised: June 2011
Your privacy is very important to us. We want to make your experience with Indie Research and Vizue as enjoyable and rewarding as possible, and we want you to use the Site and all of Indie Research's commentary, reports, model portfolios, and Newsletters with complete confidence.
Personal Information Indie Research Collects and How It Is Used:
However, in instances where Indie Research and a partner jointly promote the Services, Indie Research may provide the partner certain Personal Information, such as the name, email and mailing address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In these instances, our partner may not use Personal Information for any other purpose.
From time to time, Indie Research may also share Members’ mailing addresses with a third-party company for the purpose of offering Members financial services. Indie Research approves all advertisements before they are sent to Members. Indie Research does not share Members’ email addresses with these third-party companies. For more information about California residents’ rights with respect to this type of sharing, please see the next section.
Indie Research may also generate non-identifying and aggregate profiles of the Members from Personal Information provided through registration, online surveys, and promotions. Such aggregate, non-identifying information ("Non-Identifying Information") includes the total number, but not the names, of Members. As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.
California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California who have an established business relationship with Indie Research are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their direct marketing purposes.
If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2011 will receive information regarding our 2010 sharing activities). To make such a request, you may contact us at: Attn: Indie Research Customer Service, 254 Witherspoon, Princeton, NJ 08542. You must include your name and address in your letter in order for us to process your request. We will provide the requested information to the address you provide.
Our Commitment to Data Security
We are committed to handling your Personal Information with high standards of security. We store your credit card information on a secure server and process it in encrypted form using a secured-order server with Secure Socket Layer (SSL) technology. We restrict access to your Personal Information to employees with proper clearance who need to know that information in order to provide products or Services to you. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from illegally obtaining this information.
PayPal, the online payment leader with over 3 million business accounts, processes credit card orders for those Members who (i) signed up for Services before September 4, 2004, and (ii) have not transitioned to our in-house billing platform, which we instituted on September 4, 2004. Members who signed up before September 4, 2004 and wish to have their transactions processed by our new internal billing platform (i.e., not PayPal) can call us during normal business hours at 1-888-278-5515 with your credit card and billing information.
Credit Card Fraud Policy
In the event that you become aware of unauthorized use of your credit card, you should promptly report the fraudulent activity to your credit card company. Under the United States’ Fair Credit Billing Act, you are only liable for the first $50 of the fraudulent charges. Please check with your credit card company to verify specific terms and conditions regarding fraud.
Indie Research Partners and Sponsors
Some Indie Research products and Services are offered to Visitors and Members in conjunction with a non-affiliated partner. To provide Visitors and Members certain products and Services, that partner may need to collect and maintain Personal Information and we may need to transfer your Personal Information to the partner. In these instances, you will be notified before any such Personal Information is collected or transferred and you will have the opportunity to decide not to use that particular product or Service; if you choose not to, the partner will not collect your Personal Information and we will not share any of your Personal Information with the partner. In any event, Indie Research may also share Non-Identifying Information, but not Personal Information, with our partners in order to administer the co-branded products or Services.
Indie Research occasionally displays advertisements on the Site and in our Newsletters and other communications. We share Non-Identifying Information about our Visitors and Members with these advertisers. Additionally, in some instances, we use Non-Identifying Information to deliver tailored advertisements. For instance, an advertiser might tell us the audience it wants to reach (for example, males between 25 and 55 years of age) and provide us with an advertisement tailored to that audience. Based upon the Non-Identifying Information we have collected, we may then display the advertisement to the intended audience. However, Indie Research does not share any Personal Information of its Visitors or Members with these advertisers.
Responses to Email Inquiries
When Visitors or Members send email inquiries to Indie Research, we use the return email address to answer the email inquiry we receive. We do not use the return email address for any other purpose and do not share the return email address with any third party.
Email Marketing From Third Party Sponsors
In addition, from time to time, Indie Research sends, on behalf of third parties, promotions via email to some or all of its Members. However, in no event does Indie Research sell or otherwise transfer to third parties the email addresses of its Members. Indie Research strictly maintains the confidentiality of its Members’ email addresses. In addition, recipients of these promotions are always given the opportunity of opting-out by clicking the "unsubscribe" link at the bottom of any promotion.
Voluntary Customer Surveys
We may periodically conduct surveys of both businesses and individual customers. Participation in our surveys is voluntary, but we encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of Services we offer and how we provide them to you. Your Personal Information and other survey responses will remain strictly confidential, even if a third party conducts the survey on our behalf.
We aggregate all of the survey responses to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. We may share this aggregated, non-personally-identifying information with third parties.
"Cookies" and How Indie Research Uses Them
In the Event of a Change of Ownership
In the event of a change of ownership of Indie Research, or Indie Research’s merger with or acquisition by another entity, all of the Personal Information may be transferred to this new entity or owner. All Site Members will be notified within five business days of any change in ownership, merger or an acquisition of Indie Research by a third party.
Members may choose to access and modify any of their registration and subscription information at any time through the "Manage Account" section of the Site.
Revisions to This Policy