Terms of Use

Welcome to ThinkingLonger! We hope you'll enjoy our service (the “Service”) and being a part of our community of Thinkers (i.e., all of us: readers, writers, commentators, visitors, subscribers, etc.).

But first things first: By using the Service, you're agreeing to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 10. These Terms govern your use and access to the website and our Service. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of ThinkingLonger and our Service means that you accept any new or modified terms and conditions. So please check back here from time to time.

Our Service is a work in progress. We reserve the right to add, change or even eliminate it with no notice, at our sole discretion.

Recommendations are not and cannot be guaranties of performance or financial outcomes. We are not financial advisors – and specifically we are not YOUR financial advisors. We share the outcome of our research and analyses; what you do with that information is up to you.

1. Registration

Except as expressly provided in these Terms and Conditions, subscribers may only maintain one active registration with ThinkingLonger. In other words, it's one registration per person. Any other use of multiple accounts or aliases on our Service, including attempts to mislead, defraud, confuse, or otherwise trick us or our subscribers, is a breach of these Terms and Conditions. Initially, you register with the Service by providing your email address.

As the Service evolves, we anticipate that you will be asked to create a password, which you'll need to access the Service.

Down the road, as a registered user, you will be able to update your account settings, including your email address, by going to the My Account tab up top. There, you can also change your password at any time. Also, if you forget either your password or user name, click on “Help” and follow the directions.

2. Premium Service

As a paying subscriber, you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You agree to pay the applicable subscription fee as set forth on this site. Sales taxes may be charged in addition to the subscription fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.

PLEASE NOTE THAT WE USE A PAYMENT PROVIDER, LIKE STRIPE AND PAYPAL, TO MINIMIZE OUR ACCESS TO YOUR PERSONAL INFORMATION.

PLEASE ALSO NOTE THAT WE DO NOT PROVIDE FOR AUTOMATIC SUBSCRIPTION RENEWALS. IF YOU ELECT TO RENEW, YOU HEREBY PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES (INCLUDING SALES TAXES, IF APPLICABLE) AGAINST YOUR CREDIT CARD ON FILE WITH OUR PAYMENT PROCESSORS.

You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, ThinkingLonger reserves the right to cancel your subscription. We reserve the right to refuse or discontinue the supply of a Service to any user at any time at our sole discretion.

Our Service generally delivers content via our website and/or email. There is no opt-out choice available for these emails (unless you cancel your subscription). Of course, when, as and if we decide to send marketing emails to our subscribers, we will also enable you to opt-out of receiving such emails on My Account page.

Trial Terms, Automatic Billing and Cancellation Policy

Some aspects of the Service may be provided on a free trial or promotional offer basis. If you cancel prior to the end of the promotional offer period, and if you have provided credit card information, your card will not be charged. If you don't cancel within the promotional offer period, we will charge the primary credit card you provided during the sign-up process. You may contact Subscriber Support at subscribersupport@thinkinglonger.com to terminate your promotional offer participation. ThinkingLonger reserves the right to increase a Service's fees or institute new charges upon reasonable notice. All fees are due in advance.

Refunds

We do not offer refunds absent fraud even if we discontinue our Service (although we will use commercially reasonable efforts to discontinue our Service at the end of a calendar year).

Transfer

You cannot transfer your subscription to someone else.

3. Affiliate Marketing Programs

We may be compensated by third parties whose products and services we present to the community. That being said, our portfolio recommendations are not affected by such compensation, and no partner or advertiser will review, edit, endorse, or approve our portfolio recommendations.

No reviews of products or any aspect of the Service should be construed as an endorsement or guarantee of any kind. We do the best we can to make sure that the information we rely upon for our recommendations is true and current, but we cannot and will not warranty that it actually is, or that we have not been confused or misled before or after publication.

Any service or product not offered by ThinkingLonger is subject to its own terms and conditions, including about how third-parties may use the information you provide to them, which should be provided by the company through which you are receiving the product or service, and any use of a product or service not offered by ThinkingLonger is done so at your own risk.

4. Additional and Third-Party Terms of Use

Some portions of our site use Google Maps APIs, or other Google APIs. If you use those parts of our site, you are also bound by the Google Terms of Service. If you do not wish to be bound by these terms, or any of the terms contained within these Rules, please do not use our site.

5. We’re Thinking, Statements and Opinions

From time to time, we present information that we think will be of interest to our fellow Thinkers. We hope to provide participants with a way to (a) have fun and (b) learn to make better investment decisions. If we provide information, commentary, ideas and/or suggestions of third parties, ThinkingLonger is NOT endorsing such materials. Moreover, our recommendations and entries in the We’re Thinking blog should not be interpreted or construed to be guarantees of any kind.

A word about statements and opinions: When you look at people's statements and opinions, you should remember that those people may have interests in the stocks that they're making predictions about. For example, some people may hope a company's stock will go up because they own many shares of it; others may hope that it will rise because they (or their sister) work for the company. These statements and opinions may be unfounded, unjustifiable and/or biased for any number of reasons or for no reason at all.

ThinkingLonger‘s officers, directors, employees and members may have positions or interests in some or all of the stocks in our recommended portfolios. If an employee or other person actively engaged in the operation of our business actually purchases a stock which is part of a recommended portfolio, we will use commercially reasonable efforts to find out about it and we will tell you about it on our website. However, the foregoing disclosure does not apply to stock transactions made by third parties acting behalf of such individuals (i.e., a third party money manager).

6. Intellectual Property

All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of ThinkingLonger and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and Service found on ThinkingLonger.

You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 1995-2020 [or whatever the current year is] ThinkingLonger. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without ThinkingLonger's prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication.

You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content, for use on another website or service (including our own personal forums and blogs). In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our Service, stock recommendations, and data to other sites and forums is unfair to us and to our subscribers whether or not they are paying a subscription fee. So please don't do it.

Please note that notwithstanding the foregoing, in the future when and if you are able to and do in fact post content, you are not somehow surrendering your copyright in your expression, but you are granting us an unlimited license to use it. Specifically, by posting content, you agree that ThinkingLonger has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our website. This includes the rights to syndicate and make derivative works out of your content. If you don't want us to use or republish your content, then please don't post it on our website.

We also ask that you only upload or include on our Service materials you have the right to so use. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please notify us at copyright@thinkinglonger.com. You agree not to display any of ThinkingLonger's trademarks, design marks, logos or other proprietary imagery or use them in any manner without our express and prior written permission.

7. Conduct

You agree to use ThinkingLonger for lawful purposes only. You may not use or allow others to use your subscription to:

  • Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
  • Post or transmit any material that you don't have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • Post, transmit, or link to sexually explicit material;
  • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
  • Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
  • Offer, sell, or buy any security;
  • Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
  • Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Service; and
  • Take any action that damages or disrupts the functioning of our systems or Service.

Unauthorized access of our site is a breach of these Terms and Conditions and a violation of the law. You agree not to access our site by any means other than through the interfaces we provide for use in accessing our site.

ThinkingLonger may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership or take any action for violating the above (and, if we may say so, sensible) provisions or otherwise taking an action disruptive to our Service, all without a refund of any kind.

If your access to some or any portion of our site(s) is password-protected, you are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify us at problem@thinkinglonger.com of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.

If you see something that you feel is a violation of ThinkingLonger’s Terms of Service, please notify us by emailing problem@thinkinglonger.com.

8. No Personalized Advice

We want to help you make money. However, ThinkingLonger is not in the business of rendering personalized investment advice. We can't know all the relevant facts about you and your individual needs, and we cannot and do not claim or represent that our Service and/or our portfolio recommendations are suitable for you. Accordingly, you agree that any recommendation or action offered or 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.

We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using recommendations that we provide.

PLEASE INDICATE YOUR ACKNOWLEGEMENT OF AND AGREEMENT WITH SECTION 9 OF THESE TERMS OF SERVICE: Signature: _______________[Electronic]

9. You Bear Responsibility for Your Financial and Investment Decisions

The best person to handle your finances is YOU or someone authorized to act on your behalf. One thing is sure: we’re not handling your finances! By your use of our Service, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that ThinkingLonger, 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, including but not limited to our portfolio recommendations, published through our Service.

10. Disclaimer of Warranties and Liabilities

ThinkingLonger does not warrant the completeness or accuracy of the Content or its usefulness for any particular purpose. ThinkingLonger makes no promises that our Content will be delivered to you on an uninterrupted, timely, secure, or error-free basis. We’re not perfect and our methodologies, although extensively back-tested, may in fact not work out in the future.

Here’s the bottom line: you agree that under no circumstances will ThinkingLonger, its employees, officers, directors, members or agents be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any Content on our site, or arising from or related to these Terms or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part, whether by our negligence or error or by acts or omissions beyond our control in creating or delivering our Service and/or the Content.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE AND PRODUCTS AND SERVICE CONTAINED AND OFFERED ON THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THINKINGLONGER MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICE WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE AND/OR ANY OF OUR CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Communication

Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

12. Dispute Resolution by Binding Arbitration and Class Action Waiver; Liquidated Damages

If a dispute arises in connection with your use of our Service, the Content or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email support@ThinkingLonger.com with your concern and ThinkingLonger will contact you via the email address we have on file for you.

If a dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will share equally in the payment of all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

YOU FURTHER AGREE THAT, IF WE ARE FOUND “AT FAULT” IN ANY SUCH ARBITRATION OR JUDICIAL FORUM, WE MAY PAY AS SOLE AND LIQUIDATAED DAMAGES IS THE AMOUNT OF THE SUBSCRIBER FEE THAT YOU HAVE PREVIOUSLY PAID FOR THE PERIOD OF YOUR THEN-CURRENT OR MOST RECENTLY EXPIRED MEMBERSHIP; PROVIDED THAT THE FOREGOING SHALL NOT BE INTERPRETED OR CONSTRUED TO BAR OR LIMIT THE RIGHT OF A PARTY TO EQUITABLE RELIEF.

EXCEPTIONS

Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of New Jersey: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration; provided, that your maximum recovery is the amount that you paid as a subscription fee for the most current period of your subscription.

13. Your Agreement to These Terms

You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.

14. Third Party Sites and Links

Sometimes, we may provide access to various third-parties that we think are either entertaining or interesting. But, ThinkingLonger is not a monitor or curator of any of these third-party sites. ThinkingLonger does not and cannot guarantee the veracity, reliability or completeness of any information provided on any link appearing on our site(s).

Keep in mind that people who post on these sites do so for any number of reasons with any number of motivations with varying degrees of accuracy and truthfulness. As the SEC has noted, cyberfraud is real. The SEC, FINRA and the NASAA maintain outstanding websites on this subject at http://www.sec.gov, http://www.finra.org, and http://www.nasaa.org respectively.

15. Data and Analysis

We believe that the sources of data about stock prices to be accurate and reliable, but sometimes they may not be. For example, we know that pricing data is typically at least 15 minutes delayed compared to what is happening in the market at any given moment in time. We do not and cannot audit or otherwise check the pricing information that we purchase from third parties.

In developing recommended portfolios, we have made reasonable efforts to consistently use various formulas and apply to them to data that we have and will continue to obtain from third-parties. We are sharing what we believe to be patterns over time and making our portfolio recommendations past on those past patterns. We recognize (AND YOU SHOULD TOO) that past results cannot be a guaranty of future performance.

16. Everything Else

If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of New Jersey (except with respect to choice of law).You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the District of New Jersey, siting in Newark, NJ or an appropriate New Jersey court.

Our Service is directed at a U.S. audience. We cannot warrant that the Service is appropriate for users outside the United States or that use of the Service is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.

These Terms of Service, including those that are incorporated by reference, constitute the entire and only agreement between you and ThinkingLonger and govern your use of our site.

May 17, 2021