Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Service” refers to the services that we provide through our Site, including our financial coaching services, memberships, products and packages, and our Site itself;
“Site” refers to our website, www.mosinvesting.com;
“Margin of Safety Investing” refers to our company, known as “Margin of Safety Investing, LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Margin of Safety Investing, LLC.
3. What Margin of Safety Investing, LLC Offers
Margin of Safety Investing, LLC is an investment research, training and coaching company. We provide information and services to help coach individuals toward financial independence. We charge a monthly membership fee for our weekly webinar/newsletter, and an hourly fee for individual investment coaching. We sell packaged products at a set rate that include modules, and in some cases, written or verbal coaching services. We also charge a flat fee for various seminars and webinars which we offer. Our Service is intended for adults who wish to handle their own investments and other financial matters.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Margin of Safety Investing, LLC, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
Margin of Safety Investing, LLC is neither an investment advisory service nor an investment advisor. No data, information or analyses provided or made available by Margin of Safety Investing, LLC is a suggestion that any particular investment is suitable for you. To determine the suitability of any investment or financial plan, Users should always check with licensed tax advisors, legal counsel, financial advisors, or other trusted professionals. The information, concepts and materials presented on MoSInvesting.com are for general informational and educational purposes only. The information on our Site is not intended, and should not be viewed, as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any specific company, security, or investment vehicle. We cannot be held responsible for actions taken as a result of content on our Site or advice provided by Margin of Safety Investing, LLC.
No reliance should be placed on the information on our Site for the purpose of transacting securities or other investments. We cannot, and do not, assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or information source. Following any material covered in any of our coaching, analysis, or training services, including modules, videos, webinars, written text, or verbal communication does not guarantee you will not lose money, or realize any certain outcome. Your use of our Site and its content indicates your agreement that you are willing and able to make your own decisions about financial matters and that you bear sole responsibility for your own investment research and decisions and will not hold Margin of Safety Investing, LLC liable for any damages relating to your personal finances, investments, or any other losses. Our goal is to assist and to coach you to be comfortable in taking full responsibility for your financial endeavors. Clients, investors and readers of MoSInvesting.com and Margin of Safety Investing, LLC are encouraged to fully examine and investigate any and all securities and consult with trusted and licensed financial professionals before making any investment. The Securities and Exchange Commission (the “SEC”) maintains a website with reports, proxy, and information statements, and other information regarding certain companies that file with the SEC. In addition, the SEC also provides information on various types of cyber-fraud. The address of this SEC’s website is www.sec.gov. Similarly, the Financial Industry Regulatory Authority (“FINRA”) provides its own insights regarding online investing and information at www.finra.org.
6. Rules of Use
You agree that you will not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Margin of Safety Investing, LLC.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Margin of Safety Investing, LLC Site, Service, or its Users’ computers.
- Do anything else which could bring Margin of Safety Investing, LLC into disrepute or violate the rights of any person.
Payment for our Investment Intel Service can be made through the Stripe gateway with any major credit card. Unless otherwise stated, all prices are listed in United States dollars.
Investment Intel comes with a free, 7-day trial for all new customers, after which they will be billed the full monthly payment. The monthly payment will go through each following month on the same day, unless the customer wishes to cancel, which they can do either through their membership portal on the “My Account” page, or by emailing Margin of Safety Investing, LLC. No refunds will be given once the payment goes through, and members will retain active status for the month they are paid-up through.
Payment for our individual coaching Service can be made by means of the PayPal gateway through a PayPal account, Visa, Mastercard, Discover, or American Express. Unless otherwise stated, all prices are listed in United States dollars.
For our individual coaching Service, we have a satisfaction guarantee provided that a User notifies us within fourteen days of the time that our services were provided. You must request a refund by sending the request to our e-mail address at firstname.lastname@example.org within the 14-day period. Refund requests for any services provided later than 14 days from the completion of a web conference will be denied. No more than the most recent session is available for a refund.
Please note that we have a twelve hour cancellation policy for our individual coaching Service. If a scheduled appointment is cancelled before twelve hours prior to the appointment start time, the appointment can be rescheduled or the appropriate charges can be refunded. If it is cancelled or rescheduled within twelve hours prior to the appointment start time, or the client does not show up for the scheduled appointment, no refund will be given.
Additional terms regarding pricing, payment, refunds, and cancellation may be published on our Site or otherwise communicated by us to you and are hereby incorporated into this Agreement by reference.
8. Chargebacks and PayPal Disputes
When a User provides payment to Margin of Safety Investing, LLC through the PayPal or Stripe gateway, and that amount of money is subsequently taken from Margin of Safety Investing, LLC due to a chargeback, credit card cancellation, PayPal dispute, or other action that is the fault of the User, Margin of Safety Investing, LLC shall be entitled to recover from the User the full amount of the chargeback, as well as any reasonable attorney fees, collection agency fees, court costs, disbursements, and other expenses incurred by Margin of Safety Investing, LLC in the enforcement of its rights under this section.
9. Our Copyright
The content of Margin of Safety Investing, LLC—whether provided by advisors, through webinars, or in a fixed medium such as through its Site—is unique and is important for the purpose of distinguishing us from third parties. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
10. Your Copyright
Margin of Safety Investing, LLC must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“MoSInvesting.com” is a trademark used by us, Margin of Safety Investing, LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing Service.
12. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
13. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at email@example.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
14. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
15. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL, STRIPE, OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND OUR SERVICE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
YOU AGREE THAT MARGIN OF SAFETY INVESTING, LLC DOES NOT OFFER, SELL, OR PROVIDE LEGAL ADVICE, SECURITY RECOMMENDATIONS, INVESTMENT ADVICE, OR TAX ADVICE TO OUR CLIENTS OR INDIVIDUALS. YOU SHOULD ALWAYS CONSULT YOUR PERSONAL FINANCIAL ADVISOR AND/OR LEGAL COUNSEL BEFORE ACTING ON ANY INFORMATION FROM ANY SOURCE. ALL MATERIAL FOUND ON OUR SITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS MEANT FOR YOUR OWN, INDIVIDUAL USE. ANY INVESTMENT IDEAS AND STRATEGIES, INSIGHTS, CHARTS, ASSET ALLOCATIONS AND PORTFOLIOS ARE DESIGNED AND PRESENTED TO EDUCATE AND INFORM, AND SHOULD NOT BE VIEWED AS DIRECT RECOMMENDATIONS. YOU UNDERSTAND AND AGREE THAT ANY INVESTMENT DECISIONS YOU MAKE WILL BE BASED SOLELY ON YOUR EVALUATION OF YOUR FINANCIAL CIRCUMSTANCES, INVESTMENT OBJECTIVES, RISK TOLERANCE, FINANCIAL CONDITION AND LIQUIDITY NEEDS. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN ACTIONS IN RESPONSE TO ANY INFORMATION CONTAINED HEREIN. FOLLOWING ANY MATERIAL COVERED IN ANY OF OUR COACHING SERVICES, INCLUDING WEBINARS, CONFERENCE CALLS, MODULES, VIDEOS, WRITTEN TEXT, OR VERBAL COMMUNICATION DOES NOT GUARANTEE YOU WILL NOT LOSE MONEY, OR REALIZE ANY CERTAIN OUTCOME. NO INSIGHTS, OPINIONS, THOUGHTS, OR RECOMMENDATIONS CONTAINED ON OUR SITE OR PROVIDED BY MARGIN OF SAFETY INVESTING, LLC SHALL BE CONSTRUED AS ADVICE OF ANY KIND. YOU CANNOT ASSUME THAT ANY RECOMMENDATIONS, INSIGHTS, PHILOSOPHIES, OPINIONS, CHARTS, OR ANY OTHER INFORMATION YOU ENCOUNTER AS A RESULT OF WORKING WITH MARGIN OF SAFETY INVESTING, LLC WILL GUARANTEE OR LEAD TO PROFITABLE INVESTMENT. YOU ARE COMPLETELY RESPONSIBLE FOR YOUR OWN DECISIONS AND ACCEPT ALL RISK OF LOSS OF CAPITAL. IN ALL CASES, YOU SHOULD SEEK COMPETENT LEGAL, TAX AND FINANCIAL COUNSEL BEFORE MAKING ANY FINANCIAL DECISION. MARGIN OF SAFETY INVESTING, LLC, AND ITS’ MEMBERS ARE NOT REGISTERED INVESTMENT ADVISORS.
YOU AGREE THAT WHILE MARGIN OF SAFETY INVESTING, LLC STRIVES TO PRESENT ACCURATE AND USEFUL INFORMATION, MARGIN OF SAFETY INVESTING, LLC MAKES NO GUARANTEE OF ITS ACCURACY OR COMPLETENESS. MARGIN OF SAFETY INVESTING, LLC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ERRORS, OMISSIONS, OR REPRESENTATIONS. ALL INFORMATION, DATA ANALYSES AND OPINION PROVIDED THROUGH OUR SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
17. Choice of Law
This Agreement shall be governed by the laws in force in the State of Arizona. The offer and acceptance of this contract are deemed to have occurred in the State of Arizona.
18. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Arizona. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely according to the small claims procedure in the Maricopa County Justice Courts (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
19. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, failure of the User’s or Margin of Safety Investing, LLCs internet provider, third party site shutdowns or interruptions, including, but not limited to website hosting services, internet service provider, membership software, webinar service providers, email service providers, appointment scheduling software, Paypal payment processing, Stripe payment processing, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Margin of Safety Investing, LLC shall have the sole right to elect which provision remains in force.
Margin of Safety Investing, LLC, LLC reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
22. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
23. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you use our Service and your continued use of our Service shall constitute your acceptance of any such amendments.
25. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Margin of Safety Investing, LLC must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: April 14, 2017