Lombardi Publishing Corporation is the publisher of the free editorial content investment e-newsletters Profit Confidential, Income Investors, Lombardi Letter and America Closed and their respective web sites (herein collectively and individually the “Lombardi e-letters”).
The personal information you provide us with is used for delivery of the Lombardi e-letters you have opted in to receive (e.g. your name, address, and/or e-mail address). To help fund the cost of publishing the Lombardi e-letters, aside from the editorial content you will receive in the Lombardi e-letters, you will also receive advertisements for Lombardi Publishing Corporation paid content via e-mail and via ad blurbs in our Lombardi e-letters. If you want to opt out from receiving these advertisements, or from receiving our Lombardi e-letters, you can do so by: (1) using the opt-out link that is at the bottom of our editorial and advertisements e-mails; or (2) by contacting us at the mailing address below; or (3) by sending us an e-mail to the e-mail address below.
Types of Information We Collect.
1.1. We collect general types of information about you when you visit and use our website; examples include personal information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of these types of information.
1.2. “Personal information” is information that can be used to identify you or any other individual to whom the information may relate. This is information which you are prompted to provide to us. Such information may include your name, address, telephone number(s), mobile numbers and email address, credit card number(s), bank account(s), or other unique information about you which you provide to us during the registration process, or though the course of communicating with us about the products and services provided on our website. We may collect this same information about all other persons when you provide it to us.
1.3. “Demographic information” is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, mobile phone carrier, age, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests.
1.4. “Behavioral information” is information which is automatically collected pertaining to how you use our website, the areas of our website that you visit, what services you access, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited.
1.5. “Third party information” is information about you that we acquire from a third party which may include personal, demographic, behavioral and indirect information. This collection may include, but not limited to, first party cookies, third party cookies, anonymous cookies, persistent identifiers, email opt in, and search engine keywords. We have no access or control over these cookies and other tracking devices used by third party advertisers and networks. We have no responsibility or liability for the policies and practices of these parties.
1.7. No Information Collected from Children. We will never knowingly collect any Personal Information from children under the age of 13. If we obtain actual knowledge that we have collected Personal Information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, we have no such information to use or to disclose to third parties.
1.8. No sensitive health information is collected. We do not collect information about past, present or potential future medical conditions or treatments.
1.9. Credit Card Information and Bank Account Information. We may, in certain instances, collect credit card number(s), bank account information and related information, when you place an order on our website. When the credit card or bank account information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the credit card information or bank account information for purposes of processing and completing the transaction you requested. Such information will be disclosed to third parties as necessary to complete the requested purchase transaction.
BROWSER INFORMATION: Browser information is used by us to analyze user trends, administer our web sites, help prevent fraudulent activity, and help collect demographic information. This tracking information may be shared with our affiliated companies, but only as collective information. Individual activity will not be shared externally unless we are required to do so by law, or to protect Lombardi e-letters, our other customers, or anyone else who may be at risk.
2.1. Generally, we as well as third party vendors and supporting advertisers use technologies such as cookies, web beacons, and java scripts. These technologies collect internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Website, track users’ movements through our Website and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregated basis
2.2. Web Beacons. We use electronic images known as Web Beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our website, measure and improve the effectiveness of advertisements and track delivery of advertising. Web Beacons collect only a limited set of information including a cookie number, time and date of page view, as well as a description of the page on which the Web Beacon resides. We may also use Web beacons in email messages sent to you. This allows us to determine if you opened or acted upon the email messages. Because Web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
2.4 MOBILE ANALYTICS. As part of our analytics, the Lombardi e-letters uses software that enables us to get a better understanding of how our sites look and work on mobile devices. Mobile analytics software tracks information on how you interact with our sites on your mobile device. The mobile tracking information we collect may be shared with our affiliated companies, but only collectively. Information on your individual visits will not be shared externally unless we are required to do so by law, or to protect the Lombardi e-letters, our other customers, or anyone else who may be at risk.
3.1 We endeavor to safeguard and protect your information. When you submit information on our website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer software (“SSL”) to protect data and to secure any transactions. SSL encrypts information including credit card number(s), and names and addresses, as they are transmitted over the Internet. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
HOW WE USE INFORMATION COLLECTED.
4.1. Providing Services and Products. We use the information we gather on our website to provide you with the services and or products you have requested. This may include passing your information on to a third party to provide such services or products. Although our contractual arrangement limits how this party can use your information, we do not control the privacy practices of third parties. If you have any questions or wish to remove your information from the third party databases, you will need to contact that party directly.
4.2. Improving Our Website. We use the information we gather to respond to any inquires you make, operate and improve the functionality of our website, and deliver the products and services advertised on our website. Our services include the display of personalized products, content, and advertising, relating to your experience and interests.
DISCLOSURE OF INFORMATION.
5.1 We may disclose necessary personal information to third parties or service providers that help us provide services to you or deliver paid products to you. For example, we will disclose your billing information to payment processors for the purpose of processing transactions you execute with us. Also, we will disclose your shipping address to fulfillment and shipping contractors to deliver your order.
We may also provide your name, customer history, and mailing address to third parties—such as service providers, contractors, and third-party publishers and advertisers—for a variety of purposes, unless you chose to opt out by mailing [email protected], stating that you wish to be removed from third-party direct mailing offers, along with your name and mailing address.
(i) Product and Service Delivery. We share your information with third parties who help us in the delivery of the products and services you have requested.
(ii) Website Functionality. We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
(iv) Anonymous information. We share aggregated anonymous information about you, combined with other persons using our website with third parties, so that they can understand the kinds of visitors that come to our website, and how those visitors use our website. This includes demographic information and behavioral information.
(v) Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
(vi) Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
ACCESS YOUR INFORMATION.
6.1 Upon written request, Lombardi e-letters may provide you with access to or allow you to modify the personal information we hold about you. If your access request is denied, we will give you the reasons for denying your request. All requests for access should be directed to the e-mail address below.
YOUR CALIFORNIA RIGHTS.
8.1. California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. In addition California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.
8.2. As stated in this Policy, you have agreed to allow us to share information with third parties for their direct marketing purposes until you remove your information; and thus, you have agreed to this disclosure. California customers may request further information about our compliance with this law by sending us an email at [email protected] lombardipublishing.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
9.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BINDING ARBITRATION AND CLASS ACTION WAIVER.
a. If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy arising out of or relating in any way to the use of our site or sale of our products, these Terms and Conditions of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
a. If you elect to seek arbitration or file a small claim court action, you must first send us, by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: Profit Confidential, 350 5th Avenue, 59th Floor, New York, NY 10118 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
b. If you wish to proceed with arbitration, you are required to pay a filing fee, which we will reimburse you for after we receive notice of the commenced of the arbitration process unless your claim is for greater than USD $10,000, in which event you will be responsible for filing fees.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.
d. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
NOTICE: ELECTRONIC CONSENT.
10.1 These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.
In addition, you consent to receiving electronic communications from Lombardi Publishing relating to your account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters special offers, promotional announcements and customer surveys via email or other methods.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any products through the Website. By accessing, using or ordering products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
USE & COPYRIGHTS.
11.1 You are prohibited from copying, saving, printing, selling, hyperlinking, using our URL, or reproducing, in any manner whatsoever, any of the information in the Lombardi e-letters. You may not use the Lombardi e-letters for any illegal use. All of our content is copyrighted.
THIRD-PARTY LINKS & CONTENT.
12.1 Content in the Lombardi e-letters may contain links to other web sites maintained by third parties (“Other Sites”), either as a hyperlink or through a direct data feed accessed by you. The Lombardi e-letters does not endorse, and is not responsible for, the privacy practices or the content of these web sites. You should review the applicable privacy policies in connection with your use of such third-party web sites.
We may, from time to time in e-mails, alerts or other communications you have agreed to accept from us, include advertisements, sponsorships, other offers from or information about third parties. This does not and will not mean that Lombardi e-letters endorses any specific products or services available from such third parties. Such materials from those third parties, regardless of their relationship with us, are provided merely for information purposes and users should make their own judgments and evaluation of any services or products available on any other web sites.
13.1 Persons under the age of 18 are denied access. By viewing our content, you waive all rights to claims of damages arising from the use of the Lombardi e-letters. By viewing our content, you indemnify and hold us harmless from and against all claims. We reserve the right to deny access to the Lombardi e-letters by any person for any reason.
OUR EDITORIAL POLICY.
14.1 Our writers are forbidden to own any stock they write about. All our editors execute a document to this effect.
14.2 Dear User: There is no magic formula to getting rich. Success in investment vehicles with the best prospects for price appreciation can only be achieved through proper and rigorous research and analysis. The opinions in this website and e-newsletter are just that, opinions of the authors. We are 100% independent in that we are not affiliated with any bank or brokerage house. Information contained herein, while believed to be correct, is not guaranteed as accurate. Warning: Investing often involves high risks and you can lose a lot of money. Please do not invest with money you cannot afford to lose.
14.3 Nothing herein should be considered personalized investment advice. Before you make any investment, check with your investment professional (advisor). We urge our readers to review the financial statements and prospectus of any company they are interested in. We are not responsible for any damages or losses arising from the use of any information herein. We are a publishing company offering opinion and commentary of our editors and analysts. Past performance is not a guarantee of future results. All trademarks and registered trademarks are the property of their respective owners.
To contact us, or to opt out from receiving our information: Lombardi Letter, 350 Fifth Avenue, 59th Floor, New York, NY 10118 at [email protected].