Terms of Use

These Terms of Use were last modified in December, 2013.

1.         Terms of Use and Your Acceptance of Them.   Read Before Continuing.

Neil Macneale, Inc. (“NMI”) and the 2 for 1 Index (collectively, “2 for 1”) is pleased to provide you with the information, content, tools, products and services on this Website located at www.2for1index.com (the “Website”, including all the content on the Website).  Your use of the Website is subject to these Terms of Use (“Terms”).

These Terms are a binding agreement between you and 2 for 1.  By using or accessing the Website, you accept and agree to be bound by these Terms.  At any time in its sole discretion, 2 for 1 may modify these Terms, or any part thereof, or add or remove terms, and such modifications, additions, or deletions will be effective immediately upon posting.  Your use of the Website is governed by the version of the Terms in effect on the date the Website is accessed by you.  You should review the most current version of these Terms by visiting the Website and clicking on the Terms of Use hyperlink located at the bottom of the page.  These Terms are in addition to any other agreements between you and 2 for 1, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Website.

2.         Use of This Website

This Website is intended only for your personal, non-commercial use, unless you and 2 for 1 have agreed otherwise in writing.

3.         Limitations on Investment Guidance and Professional Advice

This Website is not intended to provide legal, tax, investment or insurance advice.  Nothing on this Website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by 2 for 1 or any third party.  Certain investment planning tools available on this Website may provide general investment education; however, you are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.  You should consult your legal or tax professional regarding your specific situation.

YOU SHOULD NOT CONSTRUE THE CONTENTS OF THE WEBSITE OR ANY PRIOR OR SUBSEQUENT COMMUNICATION FROM OR WITH 2 FOR 1 AS LEGAL, TAX, OR INVESTMENT ADVICE.  THE CONTENTS OF THE WEBSITE DO NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITIES. 

4.         Copyright Policy, Linking Policy and Trademarks

This Website is protected by applicable copyright laws.  Accordingly, you may not copy, distribute, modify, post or frame-in this Website, including any text, graphics, video, audio, software code, user interface design or logos.  You may not create any hyperlink or similar link to this Website without 2 for 1’s permission.  You may not use 2 for 1’s name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by 2 for 1 without the express written permission of 2 for 1.

All trademarks and service marks on the Website belong to NMI or its affiliates, except third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 2 for 1 with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  3. An identification of the allegedly infringing material, and a description of where that material is located on the Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

2 for 1’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Copyright Claim, Neil Macneale, Inc., 140 O’Connor Street, Menlo Park, California 94025.
By phone: (408) 210- 6881.
By email: CopyrightClaim@2for1index.com

5.         Third Party Content and Research

This Website may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects.  Some of this content is supplied by companies that are not affiliated with any 2 for 1 entity (“Third Party Content”).   Some Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on this Website.  Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.

2 for 1 has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content.  The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.

While 2 for 1 makes every attempt to provide accurate and timely information to serve the needs of users, neither 2 for 1 nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and 2 for 1 and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk.  THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT 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.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In order to comply with applicable laws and regulations, 2 for 1 may at times exclude content with respect to securities of issuers.  Certain other content filtering may take place from time to time based on objective criteria.

6.         Timeliness of Content

All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons.  You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

7.         Prohibited Uses

Because all servers have limited capacity and are used by many people, do not use the Website in any manner that could damage or overburden any 2 for 1 server, or any network connected to any 2 for 1 server.  Do not use this Website in any manner that would interfere with any other party’s use of this Website.

8.         DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND.

 

2 FOR 1 DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE 2 FOR 1 SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND 2 FOR 1 DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

 

NEITHER 2 FOR 1 OR ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  2 FOR 1 ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

9.         LIMITATION OF LIABILITY

2 FOR 1 WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF 2 FOR 1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

2 FOR 1 WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH 2 FOR 1 DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

 

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, 2 FOR 1 OR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.  NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER 2 FOR 1 AND ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION ON THE WEBSITE.

 

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10.       Indemnification

As a condition of your use of the Website, you agree to indemnify and hold 2 for 1 and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Website, or from your violation of these Terms.  This provision may not apply to participants in certain employer-sponsored workplace savings plans.

11.       Changes to Website

Unless otherwise agreed, 2 for 1 may discontinue or modify the Website at any time without prior notice to you, and you accept those modifications if you continue to use the Website.

12.       Termination

2 for 1 may terminate your access to the Website for any reason, without prior notice.  2 for 1 may terminate these Terms at any time without notice.  The provisions of Sections 1, 3, 4, 5, 6, 8, 9, 10, 12, 13, and 14 shall survive termination.

13.       Governing Law

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of California, without regard to conflicts of law, and shall inure to the benefit of 2 for 1’s successors and assigns, whether by merger, consolidation, or otherwise.

14.       Severability

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.