Six Day Terms of Service

Robert Pagliarini is the exclusive owner and operator of this web site. Mr. Pagliarini is also the author of the book The Six-Day Financial Makeover, published by St. Martin's Press. References on this site to the book, and references in the book to the site, do not mean that St. Martin's Press sponsors or endorses the web site. St. Martin's Press has no association with, has no control over, and is not responsible for, the content or policies of thiis web site, including any advice or advisory services that may be rendered in connection with the site.

The Six-Day Financial Makeover (“Six Day) provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. These Terms of Use (the "TOS") are applicable to the Web pages, services, content, databases and information (collectively, the “Services”) provided by Six Day to which you may have access by using the Web site from which you accessed this TOS. The content and information included in these Services are provided by Six Day and its third party suppliers (collectively, the “Information Providers”). These Services are made available by Six Day subject to the terms and conditions of this TOS.

BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR TOS TO BE BOUND BY THE TERMS OF THIS TOS. IF YOU DO NOT AGREE, SIX DAY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

The publication of Six Day’s web site on the Internet should not be construed by any consumer and/or prospective client as Six Day’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet.  Six Day does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to Six Day’s web site or incorporated herein, and takes no responsibility therefore.  All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.

Past performance may not be indicative of future results.  Therefore, no current or prospective client should assume that future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended or undertaken by Six Day) or product made reference to directly or indirectly by Six Day in its web site, or indirectly via a link to an unaffiliated third party web site, will be profitable or equal the corresponding indicated performance level(s).  Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Historical performance results for investment indices and/or categories generally do not reflect the deduction of transaction and/or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.

Certain portions of Six Day’s web site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, Six Day’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date.  Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s).  Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from Six Day, or from any other investment professional. Six Day are neither attorneys nor accountants, and no portion of the web site content should be interpreted as legal, accounting or tax advice. 

To the extent that any client or prospective client utilizes any economic calculator or similar device contained within or linked to Six Day’s web site, the client and/or prospective client acknowledges and understands that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from Six Day, or from any other investment professional.

Six Day may modify this TOS from time to time in its sole discretion and without notice to you. You should review this TOS periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this TOS and your continued use of the Services following any modification of this TOS shall constitute your acceptance of such modifications to this TOS.

You may also be subject to additional terms and conditions that may apply when you use Services provided by entities other than Six Day on the Web site from which you accessed this TOS, or when you access any Services provided by Six Day from a Web site other than the one from which you accessed this TOS.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. Six Day cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Six Day reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Six Day shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Six Day has no control over such sites and resources, you acknowledge and agree that Six Day is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Six Day shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Six Day or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Six Day grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Six Day for use in accessing the Service.

These Services are intended for your personal, non-commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by Six Day or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.

You agree not to reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create new works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the express written consent of Six Day, nor to use the content or information made available through the Services for any unlawful purpose. You agree to access the Services manually by request and not programmatically by macro or other automated means.

You may download or copy content or information displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein.

Copying or storing of any content or information from the Services for other than personal use is expressly prohibited without prior written permission from Six Day and/or the Information Provider credited.

To deliver the Services, it may be necessary for Six Day to collect information about you and your use of the Services.

Six Day may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. Six Day may terminate this TOS and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.

Information and content provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. Six Day and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against Six Day or any Information Provider. Six Day believes the Services (including the information and content therein) to be reliable, but accuracy is not warranted or guaranteed. Six Day may point to other Web sites that may be of interest to you but for which Six Day has no responsibility. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Six Day nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.

You understand and agree that your use of the Services is at your sole risk. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. SIX DAY AND THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIX DAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. EXCEPT AS EXPRESSLY SET FORTH IN THIS TOS, SIX DAY AND ITS AFFILIATES, AGENTS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ERROR-FREE AND UNINTERRUPTED SERVICES. SIX DAY DOES NOT WARRANTY, GUARANTY, OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU REGARDING (i) THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FINANCIAL RESULTS BASED ON USE OF THE SERVICES OR INFORMATION OR ANY DELAY OR LOSS OF USE OF THE SERVICES, OR (ii) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE SITE, SERVICES, AND INFORMATION.
3. SIX DAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIX DAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HERE.
6. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX DAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX DAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Six Day and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

Entire TOS. The TOS constitutes the entire agreement between you and Six Day and governs your use of the Service, superseding any prior agreements between you and Six Day with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Six Day services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Six Day shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Six Day agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange , California .

Waiver and Severability of Terms. The failure of Six Day to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Six Day account is non-transferable and any rights to your Six Day ID or contents within your account terminate upon your death.

Although the Information may include material about the investment process generally as well as research commentary relating to specific securities, Six Day is not providing investment advice through the Site and does not represent that any such securities are suitable for you. In addition, you agree to make your own independent evaluation of the investment merits and suitability for you of any such securities. Such Information shall not be deemed to be a solicitation of a transaction by Six Day or any third party provider. The Information contained on the Site reflects the authors' analysis as of the published date. The accuracy, completeness or timeliness of such Information cannot be guaranteed and is subject to change. Further, the price for any security contained in any section of the Site may differ from the price for that security contained on any other section of the Site. Neither Six Day nor any third party provider is under an obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Site or the date contained on the Information. You also acknowledge that neither the Services nor any of the Information will be used by you as tax or legal advice.

 

Six Day shall use reasonable precautions to maintain the confidentiality of the information you have provided to Six Day and information you have created, input or developed in connection with your use of the Services, but because such information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that the information, any Information provided to you through the Services, or any communication through E-mail will remain secure. In addition, Six Day may disclose such information to its employees, representatives, officers, agents, and affiliates, as well as a governmental entity.

 

You hereby indemnify and hold harmless Six Day (and its directors, officers, employees, control persons, vendors, licensors and agents), the Provider and any third party provider from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this TOS or your use of the Services or Information (i) in violation of this TOS, (ii) in violation of any rights of Six Day, the Provider and any third party Information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation, or (iv) your failure to maintain the security of your User Codes as applicable in accordance with this TOS. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.

I HAVE READ AND UNDERSTAND THIS TOS AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

I acknowledge that I have read and received electronically a copy of this TOS.