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Terms of Use

actionList.Pro LLC's Important Rules

actionList.Pro LLC maintains this web site as a service to its customers. By using this web site you are agreeing to comply with and be bound by the following Terms of Use Agreement. Please review it carefully. If you do not agree to these terms, you should not review the information available on, or obtain products and / or services from, this web site.

IMPORTANT NOTE: This Terms of Use Agreement impacts your legal rights. It contains a Binding Arbitration Clause and related Class Action Waiver about the resolution of disputes with actionList.Pro LLC. The binding arbitration clause is detailed on this page in the section titled "Binding Arbitration" below.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement with respect to this web site. This Agreement constitutes the entire and only agreement between actionList.Pro LLC and you. It supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this web site, its content and products or services provided by or through it. This Agreement may be amended at any time by actionList.Pro LLC without specific notice. The latest Agreement will be posted on the web site, and you should review the agreement prior to using it.

Communications available through actionList.Pro LLC and this web site are for informational purposes only.

ACTIONLIST.PRO LLC AND ITS EMPLOYEES ARE NOT INVESTMENT ADVISORS. SINCE THE INFORMATION AVAILABLE THROUGH THIS WEB SITE DOES NOT TAKE INTO CONSIDERATION FACTORS RELATED TO ANY INDIVIDUAL'S OR INSTITUTION'S INVESTMENT PROFILE, INCLUDING BUT NOT LIMITED TO RETURN REQUIREMENTS, RISK TOLERANCES, LIQUIDITY NEEDS, TIME HORIZONS, TAX STATUS', LEGAL STATUS', AND OTHER SPECIAL OR UNIQUE NEEDS, IT CANNOT BE CONSTRUED AS INVESTMENT ADVICE. WE STRONGLY ADVISE YOU TO OBTAIN QUALIFIED FINANCIAL COUNSEL PRIOR TO SELECTING A COURSE OF ACTION RELATED TO YOUR FINANCES.

Past Performance

ANY PAST INVESTMENT PERFORMANCE DIRECTLY OR INDIRECTLY REFERENCED THROUGH ACTIONLIST.PRO LLC'S COMMUNICATIONS IS NOT AN INDICATION OF FUTURE PERFORMANCE.

Disclosure of Conflicts

YOU AGREE AND UNDERSTAND THAT AS A MATTER OF POLICY, ACTIONLIST.PRO LLC AND / OR ITS EMPLOYEES MAY PLACE TRADES AND HOLD OR INTEND TO HOLD BOTH LONG AND / OR SHORT POSITIONS IN THE SECURITIES RELATED TO THE COMPANIES AND / OR STRATEGIES REFERENCED ON AND THROUGH THIS WEB SITE.

Data Sources and Copyright

Charts and related time series presented on this website are maintained with data purchased under contract for their intended application, or with information available in the public domain. Except as otherwise indicated, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the web site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, unauthorized redistribution, use or publication by you of any such matters or any part of the web site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the web site. actionList.Pro LLC's posting of information or materials on the web sites does not constitute a waiver of any right in such information and materials.

The following are actionList.Pro LLC data sources:

Trademarks

"actionList.Pro", "The Stock Market Risk & Reward Watchlist", "Experience the Action" and "powerLine" are actionList.Pro LLC's trademarks. Other product and company names mentioned on the web site are or may be trademarks or registered trademarks of their respective owners, including PayPal®, Alphabet®, Google®, Microsoft®, MS Excel® and Vanguard®.

Limited Right to Use

Unless otherwise stated, the viewing, printing or downloading of any content, graphic, form or document from the web site grants you only a limited, nonexclusive license for use solely by you for your own personal non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.

You are expressly prohibited from using scripts, bots and other non-human automated means to access and / or retrieve the information on this website.

Editing, Deleting and Modification

actionList.Pro LLC reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the web site.

Indemnification

You agree to indemnify, defend and hold actionList.Pro LLC and its partners, attorneys, staff and affiliates (collectively, Affiliated Parties) harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation of this Agreement or use of the web site. Note: This Terms of Use Agreement impacts your legal rights. It contains a Binding Arbitration Clause and related Class Action Waiver about the resolution of disputes with actionList.Pro LLC. The binding arbitration clause is detailed on this page in the section titled "Binding Arbitration" below.

Disclaimer and Limits

THE INFORMATION OBTAINED FROM OR THROUGH THE WEB SITE IS PROVIDED AS-IS, AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES OBTAINED FROM OR THROUGH THE WEB SITE MAY CONTAIN OR BE SUBJECT TO BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, INCLUDING BUT NOT LIMITED TO DELIVERY DELAYS, OMISSIONS, MISCALCULATIONS, TRANSPOSITION ERRORS, MALADJUSTMENTS, INNACURACIES, ROUNDING ERRORS, FORMULA ERRORS, SYSTEMATIC ERRORS, DAMAGE FROM HACKERS, CONFIGURATION ERRORS, FORMATTING ERRORS, DESIGN ERRORS, DATA RELATED ERRORS AND OUTDATED OR INVALID LINKS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACTIONLIST.PRO LLC AND YOU. THIS SITE AND THE RELATED INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIONLIST.PRO LLC THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, MALWARE, RANSOMWARE OR OTHER SIMILAR SCHEMES CONTAINED WITHIN AN ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. ACTIONLIST.PRO LLC WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE ITS SITE. ACTIONLIST.PRO LLC'S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY PRODUCTS, SERVICES OR INFORMATION.

Use of Information

actionList.Pro LLC reserves the right, and you authorize actionList.Pro LLC, to the use and assignment of all information regarding web site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Payments and Refunds

You are entitled to a 30 day free trial period when you initially register. Thereafter, you may choose to formally subscribe to actionList.Pro LLC's subscription plan. You will be billed in advance once per month based on the plan you select,and you may cancel at any time. actionlist.Pro LLC does not provide refunds since customers are entitled to a free 30 day trial period. All payments are processed via Paypal's® payment services. actionList.Pro LLC does not have access to the credit card information you use to make payments.

Account Termination

Account access will terminate upon subscription expiration. actionList.Pro LLC may choose to terminate user accounts and delete all account related data without cause.

Third-Party Services

actionList.Pro LLC may advertise or provide access to third-party merchant sites, including payment processors (Merchants) from which you may purchase certain goods or services. You understand that actionList.Pro LLC does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. actionList.Pro LLC is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY ACTIONLIST.PRO LLC, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS ACTIONLIST.PRO LLC LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO ITS SITES.

Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. actionList.Pro LLC is not responsible for information provided by you to Merchants. actionList.Pro LLC and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Privacy Policy

actionList.Pro LLC's Privacy Policy, as it may change from time to time, is a part of this Agreement.

Links to other Web Sites

The web site contains links to other web sites. actionList.Pro LLC is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by actionList.Pro LLC. Inclusion of any linked Web site on this site does not imply approval or endorsement of the linked web site by actionList.Pro LLC. If you decide to leave actionList.Pro LLC's site and access these third-party sites, you do so at your own risk.

Other actionList.Pro LLC Web Sites

The following websites are actionList.Pro LLC properties, and are included in the scope of this Agreement:

Copyrights Violations

actionList.Pro LLC respects the intellectual property of others, and asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact actionList.Pro LLC via email, and we will provide you with additional instructions to help address and resolve your concerns.

Information and Announcements

This web site may contain information and announcements about actionList.Pro LLC and its employees. While this information is believed to be accurate as of the date prepared, the Company disclaims any duty or obligation to update this information or any announcements. Information about companies other than actionList.Pro LLC contained in the announcements or otherwise, should not be relied upon as being provided or endorsed by actionList.Pro LLC.

Binding Arbitration

In the event of any dispute, claim, question, or disagreement arising from or relating to this Terms of Use Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement by email, via: support@actionlist.pro. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 90 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

Arbitrator Selection. The arbitrator selected by the claimant and the arbitrator selected by respondent shall, within 10 days of their appointment, select a third neutral arbitrator. In the event that they are unable to do so, the parties or their attorneys may request the American Arbitration Association to appoint the third neutral arbitrator in a manner that satisfies aforementioned qualification condition. Prior to the commencement of hearings, each of the arbitrators appointed shall provide an oath or undertaking of impartiality. The arbitrator shall be a national of the United States of America.

Arbitration Locale. The arbitration shall take place in St. Johns County, in the state of Florida.

Governing Law. Disputes under this clause shall be resolved by arbitration in accordance with Title 9 of the US Code (United States Arbitration Act) and the Commercial Arbitration Rules of the American Arbitration Association.

Waiver of Class Action. Any right to directly or indirectly participate in any class action proceeding related to any claim against actionList.Pro LLC is waived under this agreement.

Document Discovery. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the third neutral arbitrator, whose determination shall be conclusive. All discovery shall be completed within 60 days following the appointment of the arbitrator(s). Remedies. Any award in an arbitration initiated under this clause shall be limited to monetary damages. In no event shall an award in an arbitration initiated under this clause exceed the full amount paid to actionList.Pro LLC for its service(s).

Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Miscellaneous

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Company's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.