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Terms of Service

Last updated July 18, 2023


1. COPYRIGHT AND LIMITATIONS ON USE

The information available through the Service is the property of EarningsWhispers.com or its licensors and is protected by copyright and other intellectual property laws. Information received through the Service may be displayed, reformatted and printed by you for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through the Service to anyone, including but not limited to others in the same company or organization, without the express prior written consent of EarningsWhispers.com, with this one exception: You may, on an occasional and irregular basis, include insubstantial portions of information from the Service in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed or otherwise made available in non-electronic form, for a noncommercial purpose, to a limited number of individuals. You must include in all such memoranda, reports and presentations all copyright notices from the Service and the information used, original source attribution, and the phrase "Reprinted with permission from EarningsWhispers.com. Copyright 1998 - 2024, EarningsWhispers.com." You may not post any content from the Service to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of EarningsWhispers.com

The Service includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Additionally, the EarningsWhispers for a particular company is frequently, by its nature, a rumor. Accordingly, EarningsWhispers.com does not guarantee the accuracy, completeness or timeliness of any such information, and does not provide opinions or recommendations, give investment advice, or advocate the purchase or sale of any security or investment based on the information presented at this site.

Earnings Whispers, Earnings Whisper, Whisper Report, and other EarningsWhispers trademarks, service marks, graphics, and logos used in connection with the Service are trade names, trademarks or registered trademarks of EarningsWhispers.com (collectively “EarningsWhispers Marks”). Other trademarks, service marks, graphics and logos used in connection with the Service are the trademarks or registered trademarks of their respective owners (collectively "Third Party Marks"). The Earningswhispers Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of EarningsWhispers.com or the applicable trademark holder. The Service and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by EarningsWhispers.com or the owner of the Content. All rights not expressly granted are reserved.

2. TERMS AND CONDITIONS GOVERNING USE OF SITE

The earnings estimates and other information provided at the earningswhispers.com site comprise an information service (the "Service") from WebTools LLC, d/b/a EarningsWhispers.com. By using the Service, you agree to be bound by all of the terms in this Terms and Conditions agreement. EarningsWhispers.com may change the terms in this Agreement. When the terms are changed, EarningsWhispers.com may post a notice on the front section of the site, and the changes will appear in this document. By using the Service after any change in the Agreement is posted, you agree to be bound by all of the changes as well. You should consult these terms and conditions each time you access the Service. If you do not agree with these terms and conditions, do not use this site.

DISCLAIMER OF WARRANTIES AND LIABILITY

Due to the number of sources from which information on the Service is obtained, and the inherent rumor nature of EarningsWhispers and whisper numbers in general, as well as the hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and the Service. EARNINGSWHISPERS.COM AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER EARNINGSWHISPERS.COM NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY NEWS AND INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL EARNINGSWHISPERS.COM, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EARNINGSWHISPERS.COM, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO EARNINGSWHISPERS.COM FOR USE OF THE SERVICE. EarningsWhispers.com may discontinue or change the Service, or its availability to you, at any time without notice. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Missouri governing contracts wholly entered into and wholly performed within the State of Missouri.

3. PURCHASES, PAYMENT, AND SUBSCRIPTION TERMS

We accept the following forms of payment: Visa, Mastercard, American Express, and Discover. When you submit a payment method during registration or update it thereafter (collectively, "Payment Method"), you agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. This includes promptly updating your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We offer a no-obligation, free trial to the Trader Service for you. This free trial is exactly that – a FREE opportunity to explore Earnings Whispers' services without cost. Free trials are limited to one per customer. Duplicate trials will be identified as 'bad faith' actors and are not eligible for refunds or account credit following any Earnings Whispers purchase.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us, and any third-party payment processor we elect to use on our behalf, to charge your chosen Payment Method for any such amounts upon placing your order.

Subscription Services will auto-renew, at our discretion, immediately upon conclusion of the then-current Subscription Term and shall renew for subsequent Subscription Terms of equal duration unless terminated prior to the commencement of any renewal Subscription Term in accordance with these Terms of Service. If your order is subject to recurring charges, you consent to our charging your Payment Method on a recurring basis without requiring your prior approval for each recurring charge until you cancel the applicable order.

Please note that all sales are final, and we do not offer refunds for any purchases or subscriptions made via the Services.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

By submitting your payment information, you acknowledge that we may use a third-party payment processor and agree to provide such information to the third-party processor. The processing of the payment will be subject to the terms, conditions, and privacy policy of the payment processor. We do not control and cannot be held liable for the security or performance of the Payment Processor. You agree to allow us to make multiple attempts to receive payment from your Payment Method if prior attempts fail.

This summarized version combines the necessary elements from your two provided sections and includes language about the lack of refunds and recurring subscription terms. Always consult a legal professional to ensure that your terms and conditions meet all legal requirements and best practices.

4. SERVICE AND WEBSITE DISCLAIMER

Earnings Whispers provides information that is general in nature and not personalized for individual users. Our content doesn't offer investment advice tailored to your personal financial situation or investment experience, and it doesn't take into account your specific investment preferences or risk tolerance. Earnings Whispers also doesn't offer legal or tax advice.

All content and information found on our Website and within our Services should not be seen as an explicit recommendation for any specific security, investment, portfolio, transaction, or strategy. Moreover, it is not an endorsement or solicitation for the purchase or sale of any particular security or investment vehicle. The content we provide is not customized or adapted to any particular individual or group of individuals.

Our authors express their own views in their content. At Earnings Whispers, we encourage independent thought and do not dictate the opinions our writers hold. As a result, you may find differing, or even conflicting opinions on the same topic from different authors. These contradictions could be due to the varying metrics, timelines, or market factors considered by different Services.

Past performance is not a reliable indicator of future results. Decisions based on our information should take this into account.

The insights and views expressed in our content are based on sources that we believe to be reliable. However, Earnings Whispers is not responsible for any errors, omissions, or inaccuracies in the information, nor for any information that is incomplete or outdated.

As always, it is vital to consult with a legal professional when drafting disclaimers to ensure they meet all legal requirements and accurately reflect your company's practices.

5. PRIVACY POLICY

Please review our Privacy Policy at https://www.earningswhispers.com/privacy. By refereicneing it here, it is made part of these Terms of Service. You hereby represent and agree that you have read, understood, and agree to all of the terms of the Earnings Whispers Privacy Policy.

6. GOVERNING LAW AND JURISDICTION

These Terms of Service and your access to and use of the Services are governed by and will be construed in accordance with the laws of the State of Missouri, without reference to its conflict of law principles. By accepting these Terms of Service or by accessing or using the Services, you consent to the jurisdiction of the federal and state courts located within the State of Missouri for resolution of any disputes arising from or relating to these Terms of Service, the Services, or your use of them. You also agree that such courts will have exclusive jurisdiction over any claims brought by you related to these Terms of Service or the Services, and you expressly waive any objections to personal jurisdiction or venue in these courts.

Please consult with a legal professional to ensure this meets all legal requirements and accurately reflects your company's practices.