Terms & Conditions of Service

Welcome to Grin Press! We hope you'll enjoy and find value in GrinPress.com, our subscription newsletters and other websites, our discussion boards, and whatever else we come up with (each a “Service,” and collectively, the "Services").

By using the Services, you're agreeing to be bound by these Terms and Conditions. If you don't wish to be bound by what we've written below, you shouldn't register with Grin Press, Inc ("Grin Press," "we," or "us") or use the Services we provide. 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 Grin Press and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.

Some Services,  are works in progress. We reserve the right to change or even eliminate them with no notice, at our sole discretion.

1. Registration

Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with Grin Press. 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 periodic services, you will be asked to create a password, which you may need to access the Service. Should you wish to post a message on the discussion boards, you'll also be required to choose a user name.

2. Services

When purchasing a publication or subscribing to a Service such as one of our newsletters, 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, Grin Press reserves the right to cancel your subscription.

Some Services may provide a free trial offer. If a trial offer is provided, only one free trial per household and per email address is allowed at any given point in time. In addition, there is a limit of one free trial per person and per email address in any given six-month period.

If you don't cancel your subscription within the trial offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. Grin Press 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 by contacting Reader Support.

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.   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.

In the event that we terminate a Service, you agree that Grin Press 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.

3. 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 Grin Press and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services provided by or published by Grin Press. This includes message boards, blogs, chats, software, our writings, graphics, documents, instruction booklets, and any and all other features.

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 2009 Grin Press. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without Grin Press's prior written permission. That means you may not sell, auction, re-distribute, 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. Aside from opening yourself up to liability, distributing our premium Services to other sites and forums is unfair to our members who pay good money to receive our Content. So please don't do it.

Please note that notwithstanding the foregoing, when you post content, you are not somehow surrendering your copyright in your expression. By posting content, you agree that Grin Press has an unlimited and perpetual license to republish anything you post on our websites, but aside from that, you retain the right to use your words however you want. If you don't want us to republish your words, then please don't post them on our websites. We'll only republish your post in context, and we'll credit you (under your user name) as author (unless we're using small quotations). We won't republish your posts in advertising without your permission.

You agree not to display any of Grin Press's trademarks or use them in any manner without our express written permission. Our trademarks include the Grin Press logo, Pro-Folio, the words "Insight with a Smile," and the words Grin Press, Inc.

4. Conduct

Grin Press values active and open debate among our members. All we ask is that it's done in a lawful and civil manner -- be it posting on our boards, commenting on blogs or articles, or using our system to contact a fellow member in any way. Accordingly, you agree to use Grin Press for lawful purposes only. You may not use or allow others to use your Grin Press user account 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 Services; and
• Take any action that damages or disrupts the functioning of our systems or Services.

Unauthorized access of our sites 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.

Grin Press 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 premium Service, you will receive a pro-rated refund.

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 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.

If you see something that you feel is a violation of good behavior, please notify us.

5. Disclaimer of Warranties and Liabilities

Please read our Disclaimer, which is incorporated herein by reference.

Grin Press provides a very broad range of information and commentary via its many Services. Consequently, as a result of the diverse opinions of our staff, a Grin Press Service may, from time to time, take actions or issue recommendations with regard to specific securities that are different from those taken or issued by another Service we provide.    

Additionally, we're not investment advisors and we cannot provide personalized advice. 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 seek a registered investment advisor.

Grin Press 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 the hardest-working, most talented techies in the business, Grin Press 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 wrong or commit errors.

Now what does all this mean? It means that you agree that under no circumstances will Grin Press, its employees, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, 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.

One of the principal tenets here at Grin Press is that the best person to handle your affairs is you. 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 Grin Press, 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. Grin Press relies on various sources of information that we believe to be accurate and reliable. There are also literally thousands of contributors here -- most, we believe, with incredibly interesting and insightful information and opinions to share. 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 Grin Press is to be used on an "as is, with all faults, we're not perfect" basis.

Obligatory Capitalized Disclaimers of Liability:

NEITHER GRIN PRESS 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 SERIVCES 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 LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

We are sorry to have to make you read that, but hey it's important. 

6. 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, Grin Press, 2905 Townes Ln, Austin, TX 78703.

9. Everything Else 

If any provision in this Agreement 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 Texas (except with respect to choice of law).You agree that the proper forum for any claim arising under this Agreement will be the U.S. Court for the Western District of Texas or the appropriate Texas 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.

Please note that certain individual Services may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual Service will control with respect to the Service in question. So please be sure to review any additional terms and conditions with respect to any specific Service that you subscribe to or use.

These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and Grin Press and govern your use of our sites.

Last Updated: Sept 16, 2009