Terms of Use
Terms of Use
THESE TERMS OF USE WERE LAST UPDATED ON March 12, 2019
PLEASE SCROLL DOWN AND READ THESE TERMS OF USE IN THEIR ENTIRETY BEFORE YOU USE THE SITE. These Terms of Use, together with our Privacy Policy, which is hereby incorporated by reference (collectively, these “Terms of Use”), govern your use of https://www.fairleadstrategies.com, a website owned and operated by Fairlead Strategies, LLC (“Fairlead”, “we” or “us”), including any Content (as defined below), functionality and services offered on or through the site (the “Site”). Fairlead is an independent research provider and investment adviser registered with the state of Connecticut. By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to any of these Terms of Use, you may not use or access (or continue to access) the Site.
1. Changes to Terms of Use. We may change these Terms of Use at any time and without prior notice to you. If we do this, we will post the revised Terms of Use on this page and indicate at the top of the page the date these Terms of Use were last revised. Your use of the Site after changes are made to these Terms of Use means that you agree to be bound by such changes. As our business evolves, these Terms of Use may change accordingly. You should check the Site frequently to see recent changes.
2. Research Materials. The material provided on the publicly available sections of the Site, and the materials accessible to users who are subscribers to the Basic Plan (i.e., users who have not entered into a Subscription and Research Consulting Agreement with Fairlead) constitute financial newsletters of general and regular circulation which do not offer individualized investment advice attuned to any specific portfolio or any person’s particular needs. No mention of a particular security on the Site or in the materials accessible to Basic Plan subscribers constitutes a recommendation to buy, sell, or hold any security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Any reliance you place on such information is strictly at your own risk. The provision of research consulting and investment advisory services to Access Plan and Premium Plan subscribers is governed by the Subscription and Research Consulting Agreement.
BEFORE SELLING OR BUYING ANY STOCK OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
3. Registration.
(a) In order to access our proprietary content, you will have to create a Site account and purchase a subscription. When you create your account, you must provide accurate and complete information, and keep that information up to date. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. Further, you are responsible for any fees or charges incurred to your account by accessing the Site through an Internet access provider or other third party service. You may never use another subscriber’s account, or permit any unauthorized third parties to use your account, without permission from Fairlead.
(b) By providing Fairlead with your email address you consent to our using the email address to send you Site-related notices, including any notice required by law, in lieu of written communication by postal mail. We may also use your email address to send you other messages, including changes to the Site features and special offers. If you do not want to receive such email messages, you may opt out by sending an email message to info@fairleadstrategies.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
4. Basic Plan Fees and Payments.
(a) Subscription fees for Basic Plan subscribers will be billed on either a semi-annual or monthly basis, at your option. Please note that different fee schedules apply for semi-annual versus monthly subscription periods. You agree to pay the subscription fees and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card or other payment method (e.g., PayPal) elected by you at the time of subscription. All fees and charges for Basic Plan subscriptions are nonrefundable (subject to applicable law). We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
(b) Your Basic Plan subscription will renew automatically at the beginning of each subscription period, unless you terminate it. You can cancel your subscription at any time by unsubscribing through the “My Profile” link at the top of the homepage when you are logged in. Cancellations take effect as of your next billing date. Fees for the Basic Plan cannot be refunded or prorated. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
(c) Fees and payments for the Access Plan and Premium Plan are governed by the Subscription and Research Consulting Agreement.
5. Limitations on Use.
(a) Subject to these Terms of Use, you are hereby granted a non-exclusive, nontransferable, limited, personal license to use the Site. Fairlead reserves all rights not expressly granted herein in the Site and its Content. Fairlead may terminate this license at any time for any reason or no reason.
(b) The content available through the Site, including, without limitation, software, images, text, newsletters, reports, charts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property rights (as defined below) related thereto, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the Content for your personal, non-commercial use only. The Site and the Content were developed, compiled, prepared, revised, selected, and arranged by Fairfield, its affiliates, and others (including certain information sources) (individually and collectively, “IP Rights Holders”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the IP Rights Holders, and you acknowledge and agree that you have no ownership rights in or to the Site or the Content and that no such rights are granted to you by use of the Site or under these Terms of Use. You agree to protect the proprietary rights of the IP Rights Holders during and after your use of the Site and the Content. You shall honor and comply with all written requests made by IP Rights Holders to protect their contractual, statutory, and common law rights in the Site and the Content with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts.
(c) You agree to notify Fairfield in writing promptly upon becoming aware of any claim that the Site or Content infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. Fairlead shall retain all rights to all Content comprising or included in the Site. The granting of this license does not affect the ownership of any data or materials, whether tangible or intangible. For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
(d) You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, adapt, edit, create derivative works from, or otherwise provide access to the Content any other materials created by Fairlead to any third party without Fairlead’s prior written consent. Notwithstanding the foregoing, you may print select and limited portions of the Content and/or download select and limited portions of the Content to a storage device under your exclusive control (such printed and stored Content, “Downloaded Content”) solely to (i) access such Downloaded Content and distribute such Downloaded Content on an occasional basis within your firm or organization; (ii) quote and excerpt from such Downloaded Content; and (iii) to the extent permitted by applicable copyright laws, but only on an occasional basis, make and distribute copies of Downloaded Content in the ordinary course of your primary business in a non-electronic form to a limited number of individuals; provided, however, that you preserve all copyright notices and other proprietary notices.
(e) You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another website or service. Without limiting the generality of this section, you agree not to post any Content from Fairlead to newsgroups, mail lists or electronic bulletin boards, without our written consent.
(f) To request consent for uses of the Content and the Site not expressly permitted by these Terms of Use, please contact Fairlead customer service at info@fairleadstrategies.com.
(g) You agree not to use the Site for any unlawful purpose. We reserve the right to terminate or restrict your access to the Site at any time and without notice if, in our opinion, your use of the Site may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
(h) You shall not use any of Fairlead’s or its affiliates’ trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you or that you are associated with or licensed by Fairlead or its affiliates to use such names or marks, and you acknowledge that you have no ownership rights in or to any of these names or marks.
6. Code of Conduct.
You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use this Site solely for your personal, non-commercial use and will not attempt to interfere with the functioning of this Site in any way.
While using the Site, you agree not to:
• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Engage in spamming;
• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Content; or
• Harvest or collect information about visitors to or members of the Site without their express consent.
7. Additional Representations and Warranties. You affirm, represent and warrant, in addition to the other representations and warranties in these Terms of Use, that you are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
8. Links to Other Websites. The Site may contain links to websites created by third parties that are not associated with Fairlead. We neither control nor endorse such other websites, nor will we review or approve any content that appears on such other websites. If you choose to follow a link to another website, the terms of service and privacy policy of that website, not of Fairlead, apply. You acknowledge and agree that Fairlead shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
9. Disclaimers of Warranties and Limitations on Liability. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT AVAILABLE THROUGH THE SITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. FAIRLEAD STRATEGIES, LLC AND ITS SUBSIDIARIES, AFFILIATES, EQUITY HOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS (TOGETHER, THE “FAIRLEAD PARTIES”) SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE FAIRLEAD PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT THE FAIRLEAD PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF FAIRLEAD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site is controlled from its facilities in the United States. Fairlead makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Indemnification. You agree to indemnify, defend and hold the Fairlead Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your violation of these Terms of Use or your use of the Site. Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you.
11. General. These Terms of Use contain the final and entire agreement between you and Fairlead regarding your use of the Site and supersede all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of the Site. Fairlead may discontinue or change the Site, or its availability to you, at any time. These Terms of Use are personal to you, which means that you may not assign your rights or obligations under these Terms of Use to anyone. No third party is a beneficiary of these Terms of Use. You agree that these Terms of Use, as well as any and all claims arising from these Terms of Use will be governed by and construed in accordance with the laws of the State of Connecticut, United States of America applicable to contracts made entirely within Connecticut and wholly performed in Connecticut, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms of Use will be an appropriate federal or state court located in Stamford, Connecticut. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
This website is operated by Fairlead Strategies, LLC.
All notices, feedback, comments, requests for technical support, and any other communication relating to the Site should be directed to: info@fairleadstrategies.com.