Notices, Disclosures & Disclaimers
The following Notices, Disclosures and Disclaimers Apply to All Users of this Website.
BY USING THIS WEBSITE, THE USER AGREES, ACCEPTS, AND CONSENTS TO THE TERMS OF THIS WEBPAGE (THE “DOCUMENT”).
Users Are Urged to Read This Document Before Using the Website.
1. No Individualized Investment Advice; Not an Offer to Sell or Solicitation to Purchase any Securities or Investment Service.
THIS WEBSITE DOES NOT CONTAIN INVESTMENT ADVICE THAT IS INDIVIDUALIZED FOR THE NEEDS, GOALS OR OBJECTIVES OF ANY PERSON; IT NEITHER CONTAINS NOR CONSTITUTES AN OFFER TO SELL OR A SOLICITATION TO PURCHASE ANY SECURITY, OR TO PROVIDE ANY INVESTMENT ADVICE OR SERVICE.
The website (including all of its webpages, collectively, the “Site”) is published by Alan Biller and Associates, Inc. (“ADB”), an investment adviser registered with the United States Securities and Exchange Commission (SEC). Registration with the SEC does not imply a certain level of skill or training. The Site does not make any claim as to the suitability of any investment, investment advice, or strategy for any person, and does not claim any investment, investment advice, or strategy will prove profitable.
Past performance is no guarantee of future results. The value of investments fluctuate and may lose value. Results of an investment made at any point in time will likely differ substantially from other (e.g., historical results), depending on the nature of the investment and the changing effects of factors such as local, regional, national, and global economic conditions, monetary policy, political events, social trends and movements, and the effects of unexpected “black swan” events, such as the recent Covid-19 global pandemic, among just a few of the potential factors.
Seek the advice of an investment professional before making an investment decision. This Site does not consider or evaluate, with respect to any person, issues that would be important to consider prior to recommending any investment or strategy, such as: (i) personal, family, and financial situation; (ii) investment experience, investment time horizon, and investment needs, goals, and objectives; and investment risk tolerance.
Consult your legal, tax, and financial professionals with respect to your particular needs and circumstances prior to making investment decisions.
From time to time, ADB will make available through this Site articles or other content (“Content,” which may have been previously published in print or on another website) created by ADB or third-parties (each a “Content Provider”). We will either post Content on this Site for viewing or downloading, or we will post a hyperlink [“Content Link”] to a third-party website (not part of www.alanbiller.com, each a “Third-Party Site”) where Content (“Offsite Content”) can be accessed). Refer to the Content & Links section below for further information.
The Content and other information provided on this Site, and Offsite Content, are provided solely for the information, education, and convenience of Site users, without charge (provided, ADB reserves the right to implement a fee-based subscription service, or restricted access section or materials limited to designated individuals associated with clients, prospective clients, service providers, and others it shall designate in its discretion).
Except with respect to Content authored by ADB (“ADB Content”), ADB disclaims responsibility for the Content, Offsite Content, and information on Third-Party Sites, and information contained in or accessed through any Content, Offsite Content, or information on a Third-Party Site. All information on this Site or accessed through any Content or Offsite Content is provided on a “when made,” “as is,” and “as available” basis. Information on this Site speaks as of various dates that are (generally, but not always) indicated on the webpages or Content within this Site.
With respect to ADB Content, ADB represents it exercised reasonable care in the preparation of such Content and is not currently aware of material errors therein. ADB disclaims any responsibility to update or correct any ADB Content, or to advise any person of any material errors discovered in, changes in, updates to, or revisions of any ADB Content; users and third parties are not permitted to rely on any ADB Content.
Except as stated above, ADB, its directors, officers, employees, contractors, service providers, agents, and Content Providers (all the “ADB Parties”) make no warranties or representations, and disclaim all express, implied, and statutory warranties of any kind to all users and third parties, including, but not limited to, warranties of accuracy, timeliness, completeness, merchantability, non-infringement and fitness for any particular purpose, including without limitation, that:
This Site or any Content or Content Link will meet any person’s requirements;
This Site or any Content or Content Link will be uninterrupted, timely, secure, or free of viruses, errors, omissions, or other harmful components;
The results obtained from use of this Site or any Content or Content Link will be free of errors;
The quality of any information or other materials obtained through this Site or any Content or Content Link will meet any person’s expectations;
Any errors or omissions on this Site or any Content or Content Link will be corrected, even if known;
The data and materials presented or displayed on this Site or any Content or Content Link are correct, complete, accurate, or reliable.
Except for claims by clients (including prospective clients) or claims that cannot be excluded by applicable law, the ADB Parties shall not have any liability, including but not limited to, liability for negligence or other wrongful act (except intentional or grossly negligent act), breach of contract, or any other liability to a user or any third-party arising from or as a result of: the use of or access to (or lack of use of or access to) this Site, or any information, Content, or third-party website accessed through a Content Link. The ADB Parties shall not be liable to a user or any third party for lost profits or lost opportunity, direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if the ADB Parties have been advised of the possibility of such damages.
Some jurisdictions do not allow for the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to a particular user, or there may be applicable laws which supersede the above. The provisions of this Document shall be severable, and if any one or more provisions of this Document are declared invalid by a court of competent jurisdiction to which it is properly submitted, the remaining provisions of this Document shall continue to be valid and enforceable.
3. Governing Law, Venue, and Jurisdiction
This Document is governed by the laws of the State of California, without giving effect to principles of conflict of laws.
ADB reserves the right to amend any provision of the provisions contained in this Document or in this Site in its discretion at any time without notice.
This Document and any dispute, disagreement, or issue of construction or interpretation arising hereunder whether relating to its validity, or the rights or obligations of any of the ADB Parties or any user or any third party shall be governed and interpreted according to the laws of the State of California. Any action, suit or proceeding, whether in law or equity, arising out of, under or in connection with this Document or any user’s or any third party’s rights or obligations shall be brought and determined in the appropriate federal or state court in the State of California and in no other forum. Each user of the Site hereby irrevocably and unconditionally submits to the personal jurisdiction of such courts and agrees to take any and all future action necessary to submit to the jurisdiction of such courts in any such suit, action or proceeding arising out of or relating to this Agreement.
4. Content & Links
Links to Third-Party Sites (“Third-Party Links”) are provided solely for the education, information and convenience of Site users. Content Sites are reached through the Content Links (described above in the Disclaimers section) to locate specific Offsite Content. In keeping with the brisk pace of today’s electronic news media and information resources, we sometimes post Content or Links shortly after Content becomes available. Unless we state otherwise, for Content Sites, typically, we review only the Offsite Content, and do not verify or conduct due diligence to assess the accuracy of the Offsite Content.
Similarly, for Third-Party Links, users who leave this Site via a Third-Party Link does so at their own risk. Although we do not knowingly post links to a Third-Party Site which we have reason to believe contains false or misleading information (unless we identify that as a reason for posting the link), we do not investigate, verify, monitor, or conduct due diligence with respect to the Third-Party Sites to which we post Third-Party Links, except for an initial, cursory view of the “home page” for signs of obviously false or misleading information.
Users should NOT interpret Third-Party Links or Content Links on this Site as endorsements or approvals of the Third-Party Sites, Content Sites, or any of the information or content on such sites. We post such links to provide our users with access to such information; however, ADB is neither approving nor endorsing the information or content that has been posted nor the websites or authors who have posted the information. In many cases, ADB will not have reviewed the sites or materials. ADB provides only EXPLICIT WRITTEN APPROVAL OR ENDORSEMENT of content by third parties. Unless a user finds an explicit written approval or endorsement by ADB of Offsite Content or other Content produced by a third-party, ADB has neither approved nor endorsed such Content.
ADB is not responsible for loss or damage caused by or as a result of any connection (or attempted connection) with any Third-Party Sites, including without limitation, as a result of any delays, defects or omissions that may exist in any third-party website, or from any information or content provided by or through such site, whether actual, alleged, consequential or punitive.
Content of Third-Party Sites will not have been developed, checked for accuracy, or subject to the review process used for content on this Site. ADB is not responsible for the collection, use or security of information by companies or organizations outside of ADB that are linked to this Site. The information available on those websites has been produced by unaffiliated third parties and ADB does not guarantee its timeliness, sequence, accuracy, adequacy or completeness and make no warranties with respect to results to be obtained from its use. Any opinions or recommendations expressed therein are solely those of the third-party providers and are not the opinions or recommendations of ADB. ADB DOES NOT ENDORSE third-party products, services or information expressed or implied by any information, material or content referred to or included on, or linked from or to this Site. Under no circumstances should the information be construed as an offer to sell or solicitation of an offer to buy a particular security. Users are encouraged to read the privacy policies of websites reached through the use of links from this Site.
ADB IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, ANY PRODUCTS OR SERVICES, OR ANY MALWARE OR VIRUSES, CONTAINED ON, OFFERED, ACCESSED, OR RECEIVED THROUGH ANY THIRD-PARTY WEBSITE WHICH EITHER MAY BE ACCESSED THROUGH A LINK ON THIS SITE, OR WHICH ALLOWED YOU TO ACCESS THIS SITE THROUGH A LINK ON SUCH THIRD-PARTY SITE.
5. Copyright Notices
The works of authorship contained in this Site, including but not limited to all design, text, sound recordings, and images are owned, except as otherwise expressly stated, by ADB, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, uploaded, posted, framed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without ADB’s prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then only with prominent notices of ADB’s proprietary rights. Additionally, a user may keep one temporary copy in a single computer’s memory and one unaltered permanent copy to be used for the user’s personal and non-commercial use, and the user must retain all copyright and other proprietary notices contained on the materials. The user may not use, distribute, modify, transmit, or post any content for public or commercial purposes. The user will be solely responsible for any damage to the user’s computer system or loss of data that results from the download of any such content.
The user may link to the Site, provided that (a) the appearance, position and other aspects of the link do not damage or dilute the goodwill associated with ADB’s name and trademarks, (b) the link and/or website that is being linked does not violate ADB’s or any third party’s intellectual property rights, (c) no aspect of the link, including the appearance and position of the link, create the appearance that an entity is associated with or sponsored by ADB when association or sponsorship does not exist, and (d) the link, when activated by a user, displays the Site web page in its entirety and not within a “frame” on the linked website. ADB reserves the right to revoke its consent to the link at any time in its sole discretion without prior notice.
6. Online Privacy Policies
Safeguarding personal and financial information is increasingly challenging. That’s why ADB makes it a priority and provides users with access to the information to help keep their information secure. ADB has adopted Privacy Policies which are found in the following Online Privacy Notice. Please refer to the Online Privacy Notice for important information about how the information we collect about the users of the Site, through the use of “cookies” and other technologies, and how we use that information.
Online Privacy Notice
Safeguarding personal and financial information is increasingly challenging. That’s why we make it a priority and provide you with access to the information you need to protect yourself and to help keep your information secure.
This Online Privacy Notice (Notice) applies to the website (including all webpages, collectively, the “Site”). The term “ADB” or “we” or “us” or “our” in this Notice refers to Alan Biller and Associates, Inc. This Notice describes how the Site may collect, use and share information from or about you and explains how information may be collected and used. We will use and share any information that we collect from or about you in accordance with this Online Privacy Notice.
Collecting Information About You Online
Personal Information means personally identifiable information such as information you provide via forms, surveys, applications or other online fields including name, postal or email addresses, telephone, fax or mobile numbers, or account numbers. We do not collect personally identifiable information about you through the Site.
We do, however, collect “Other Information” about you through the Site. Other Information is any information other than Personal Information that does not reveal your specific identity or does not directly relate to an individual, such as browser information, information collected through cookies, pixel tags and other technologies, demographic information, other information provided by you such as your date of birth or household income, but which is aggregated and de-identified data so as not to be personally identifiable.
How We Collect and Use Other Information
We and our third-party service providers may collect and use Other Information in a variety of ways, including:
Information Collected Through Browser or Device
Certain Other Information is collected by most browsers and/or through your device, such as your Media Access Control (MAC) address, device type, screen resolution, operating system version and internet browser type and version. We use this information to ensure Sites function properly, for fraud detection and prevention, and security purposes.
Information Collected Through Cookies
Cookies are pieces of information stored directly on the device you are using. Cookies we use do not contain or capture unencrypted Personal Information. Cookies allow us to collect Other Information, such as browser type, time spent on the Site, pages visited, language preferences, and your relationship with us. We use the Other Information for security purposes, to facilitate navigation, to display information more effectively, to personalize/tailor your experience while engaging with us, and to recognize your device to allow your use of our online products and services. We collect statistical Other Information about the usage of the Site in order to continually improve the design and functionality, to monitor responses to our advertisements and content, to understand how account holders and visitors use the Site and to assist us with resolving questions regarding the Site.
You can refuse to accept these cookies and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Site and some online products and services. For example, we will not be able to recognize your device and you will need to answer a challenge question each time you log on.
Information Collected Through Other Technologies (Pixel Tags, Web Beacons, and Clear GIFs)
Information may be collected through these technologies in connection with some Site pages, downloadable mobile applications and HTML-formatted email messages to measure the effectiveness of our communications, the success of our marketing campaigns, to compile statistics about usage and response rates, to personalize/tailor your experience while engaging with us online and offline, for fraud detection and prevention, for security purposes, and to assist us in resolving account holders’ questions regarding use of our Site.
As part of our solutions for online authentication, we may choose to use Flash objects (sometimes referred to as “Local Shared Objects”) to help us recognize you and your device when you come back to the Site. For our pages running Adobe® Flash® content (demos and tutorials with moving content), we may use Flash objects to determine your browser type and version of Adobe Flash in order for you to view the content. We do not use Flash objects for any online behavioral advertising purpose. Deleting cookies does not delete Flash objects. You can learn more about Flash objects – including how to control and disable them – through the Adobe interface. If you choose to disable Flash objects from our Site, then you may not be able to access and use all or part of the Site or benefit from the information and services offered.
Your IP Address is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the internet and is done automatically by many web sites. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, to personalize/tailor your experience while engaging with us online and offline, for compliance and security purposes, and administering the Site.
Aggregated and De-identified Data
Aggregated and De-identified Data is data that we may create or compile from various sources, including but not limited to accounts and transactions. This information, which does not identify individual account holders, may be used for our business purposes, which may include offering products or services, research, or analyzing market trends, and other purposes consistent with applicable laws.
We may allow certain social sharing buttons on our Site that enable users to easily share information on another platform, such as a social media platform. The third parties that own these widgets may have access to information about your browsing on pages of our Sites where these widgets are placed. You may wish to review information at the third-party site, such as social media platforms where you have an account, to determine how these third parties collect and treat such information. Also, see Linking to other sites and Social media sites below.
Linking to other sites
We provide links to third-party sites. If you follow links to sites not affiliated or controlled by ADB, you should review their privacy and security policies and other terms and conditions, as they may be different from those of our Sites. ADB does not guarantee, does not approve or endorse, and is not responsible for the content, privacy or security of these sites, including the accuracy, completeness or reliability of their information. See Disclaimers, and Content & Links above for further information regarding other sites for which we provide links on this Site or which provide links to our Site.
Social media sites
To protect Personal Information from unauthorized access and use, we use security measures that comply with applicable federal and state laws. These measures may include device safeguards and secured files and buildings as well as oversight of our third-party service providers to ensure information remains confidential and secure.
Updates to this Privacy Notice
This Online Privacy Notice is subject to change. Please review it periodically. If we make changes to the Online Privacy Notice, we will revise the date at the top of this Document. Any changes to this Notice will become effective when we post the revised Notice on the Site. Your use of the Site following these changes means that you accept the revised Notice.