The Verity Fund – Terms of Use & Conditions of Sale

Welcome to The Verity Fund. We hope you'll enjoy being a part of our subscription newsletter, our Investment Management Service and whatever else we come up with (each a “Service,” and collectively, the "Services"). But first things first: By using the Services, 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 all our Services.

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 The Verity Fund and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.

We reserve the right to change or even eliminate services with no notice, at our sole discretion.

Sections

  1. Registration
  2. Basic and Premium Services
  3. Intellectual Property
  4. Disclaimer of Warranties and Liabilities
  5. Communication
  6. Dispute Resolution by Binding Arbitration and Class Action Waiver
  7. Electronic Signature
  8. All Remaining

1. Registration

Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with The Verity Fund. In other words, it's one registration per person. Any other use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse or otherwise trick us or our members, is a breach of these Terms and Conditions.

If you subscribe to one of our Basic and Premium Services, you will be asked to create a password, which you'll need to access the Service. 

As a registered user, you can update your account settings, including your email address, by going to your Name Plate tab located in the header of the website once you are signed in. There, you can also change your password at any time and your user name up to three times in a calendar year.

2. Basic & Premium Services

When subscribing to either a basic or a premium Service, you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. 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, The Verity Fund reserves the right to cancel your subscription.

Your Service includes emails from the service, which include trades or recommendations, recent actionable investing guidance, Best Buys Now, and other important stock news. There is no-opt out choice available for these emails. Of course, you can always opt-out of our marketing emails on the settings page.

Trial Terms, Automatic Billing and Cancellation Policy

 

Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per household or email address is allowed at any given point in time. In addition, there is a limit of one trial per person and per email address in any given six-month period unless otherwise stated in the offer. From time-to-time, we offer membership fee back guarantees that extend beyond 30-days. Please note that any such promotions are available only to first time subscribers. If you previously subscribed to a service, cancelled and subsequently subscribe again, you will receive a pro-rated refund for any cancellations after the first 30 days for your membership.

Upon signing up for your free trial, you will have access to the Service for the promotional trial period. If you cancel prior to the end of the promotional offer period, your credit card will not be charged. If you don't cancel your subscription within the trial offer period, we will charge the primary credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. You may contact Member Support at This email address is being protected from spambots. You need JavaScript enabled to view it. to terminate your trial enrollment.

Your membership will automatically renew for the quarterly, annual or other subscription period you originally signed up for, until you notify us of your decision to terminate your membership. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us. If you provided more than one card, the first card on file will be used.

The Verity Fund reserves the right to increase a Service's fees or institute new charges upon reasonable notice. Service fees are due in advance. You may cancel your membership at any time and receive a pro-rated refund of the amount you have paid by contacting This email address is being protected from spambots. You need JavaScript enabled to view it.

You cannot transfer your subscription to someone else, except through bequeathment or by a court order. In the event a subscription is transferred, it will continue through the end of its term and can be renewed at the then-current price and conditions. For assistance in this situation, please contact This email address is being protected from spambots. You need JavaScript enabled to view it.

We reserve the right to refuse or discontinue the supply of a Service to any user at any time at our sole discretion.

In the event that we terminate a Service, you agree that The Verity Fund may transfer your subscription to another Service of equal or greater value. Of course, you may cancel your membership to the new Service at any time and receive a pro-rated refund.

Unless stated otherwise, membership to any Service is for online and/or electronic access only. Certain promotions may offer features that are issued in physical form. Shipping of any goods or service associated with these promotions is limited to the US/APO. Physical fulfillment of goods or services not specifically mentioned in a promotion is at the sole discretion of The Verity Fund.

3. Intellectual Property

 

All of the Content on our website and any Service we provide is protected by U.S. and international copyright laws and is the property of The Verity Fund. By "Content" we mean any information, mode of expression, or other materials and services found on The Verity Fund. This includes recommendationjs, ratings, software, our writings, graphics, videos, and any and all other features. You can find out more information on copyright law and the Internet at http://www.templetons.com/brad/copymyths.html.

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 2002-2016 [or whatever the current year is] The Verity Fund. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without The Verity Fund'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 Basic or Premium Services, stock picks and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. So please don't do it.

You agree not to display any of The Verity Fund's trademarks or use them in any manner without our express written permission.

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 sites by any means other than through the interfaces we provide for use in our accessing our sites.

The Verity Fund 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 a Service. In the event of termination of a Basic or Premium Service, you will receive a pro-rated refund.

You are responsible for actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify Member Support 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.

 

4. Disclaimer of Warranties and Liabilities

Please read The Verity Fund's Disclaimer, which is incorporated herein by reference.

Additionally, the Basic and Premium Memberships are designed to provide the most efficient strategies for the largest broad range of retail investors. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. If you want personal advice, then you should contact us directly regarding our Investment Management Service.

Regarding the Basic and Premium Services, The Verity Fund may partner with third parties in order to make buying our service recommendations easier for you. 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 tools that we or our partners provide.

The Verity Fund does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. And although we have one of the brightest staffs in the business, The Verity Fund makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, education and entertainment. Other than that, we reserve the right to be too early, too late and unaware at times, but realtive to every other service provider, probably no where near as often.

Now what does all this mean? It means that you agree that under no circumstances will The Verity Fund, its employees, or its agents be liable for direct, indirect, incidental, consequential, punitive or any other type of damages resulting from your use, purchase, or downloading of any material on our Websites, 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 by our negligence or by stuff beyond our control in creating or delivering any of our Services.

By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The Verity Fund, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services. The Verity Fund relies on various sources of information that we believe to be accurate and reliable. But we can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by The Verity Fund is to be used on an "as is, with all faults, we're not perfect" basis.

Obligatory Capitalized Disclaimers of Liability:

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER THE VERITY FUND NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY 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 WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR 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.

5. 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. You may request that we provide such notices to you in paper format by writing to General Counsel, The Verity Fund, 14505 Ballantyne Lake Road, Ste 534, Charlotte, NC 28277.

6. Dispute Resolution by Binding Arbitration and Class Action Waiver

If a dispute arises in connection with your use of our Services 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 This email address is being protected from spambots. You need JavaScript enabled to view it. with your concern and The Verity Fund 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 single arbitrator 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 pay 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.

EXCEPTIONS

Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of North Carolina: (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.

OPTING-OUT

You will have thirty (30) days from the date you submit your personally identifiable information to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at The Verity Fund, 14505 Ballantyne Lake Road, Ste 534, Charlotte, NC 28277, Attention: Legal Department. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

7. 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.  

8. All Remaining

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 North Carolina (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 Western District of North Carolina or the appropriate North Carolina court.

Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services 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 and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Verity Fund and govern your use of our site.

Last Updated: April 6, 2018