No Investment Advice
You acknowledge that the Content available on the Site is for informational purposes only and should not be construed as investment advice or a recommendation that you, or anyone you advise, should sell or buy any security or other investment, or undertake any investment strategy, discussed or evaluated on the Site. Moreover, if an investment firm or financial services firm is described or mentioned in our Site's Content, you acknowledge that such description or mention does not constitute a recommendation by VIM that you engage or otherwise use such firm.
While the Content available on the Site comprises information, research and data about particular securities and other investments, you shall not construe such Content as constituting representations on our part that any security, other investment or investment strategy is suitable for you, or for anyone you advise. In this regard, you acknowledge that not all securities, other investments or investment strategies are suitable for all investors.
In view of the foregoing, you acknowledge and agree that, prior to executing any trades, you will make your own independent verification of financial information and evaluation of the investment merits and suitability for you, or anyone you advise, of the securities, other investments or investment strategies, that may be presented, evaluated or discussed within our Site's Content. You further agree that you will not use any of the Content for or in connection with making tax, legal or accounting decisions, or advising others regarding tax, legal or accounting matters.
Nothing contained in the Content should be considered a recommendation or advice to purchase or sell any security or other investment, or to undertake a particular investment strategy.
The Content on the Site has been carefully compiled from sources which we believe to be accurate and reliable. However, we make no claims, representations or warranties as to the accuracy, completeness, timeliness, reliability or truth of any of the material comprising the Content. The Content is presented without any express or implied warranties of any kind whatsoever. Simply stated, the Content available on our Site is provided on an "As Is" basis.
We and our "Content Providers" (as hereinafter defined) disclaim any obligation (i) to update the Content in any way after the date of publication, or (ii) to provide to you information that reflects circumstances that may have changed, or new information that may have been acquired, thereafter relating to the Content, notwithstanding that such updated information or changed circumstances might have a material effect on any security, other investment or investment strategy presented in the previously published Content.
The Content will contain or reflect the opinions, judgments and analyses of VIM and other parties who provide Content to us (collectively "Content Providers") with respect to securities, other investments and investment strategies. We disclaim any responsibility for any portion of the Content which is received from or created by Content Providers including, without limitation, reports of news, analyses, research or other data. In this regard, you acknowledge that the mere fact that we publish the opinions, judgments or analyses of Content Providers does not in and of itself make such opinions, judgments or analyses ours, nor render us liable for any errors, omissions, inaccuracies or negligence with respect thereto.
Any opinion, judgment or analysis of a Content Provider who is quoted or otherwise reflected in the Content on our Site shall be understood to be the opinion, judgment or analysis of that person alone, and not that of any firm which employs such person or with whom such person may be affiliated. It is acknowledged that other persons employed by or affiliated with such firm may have entirely different opinions, judgments or analyses with respect to the same subject.
The Contents are provided to you for informational purposes only and any discussion of past performance of any security, other investment or investment strategy should not be considered as being indicative or a guarantee of future performance. The price and value of securities referred to on this Site will fluctuate. Loss of all of the original capital invested in a security discussed on this Site may occur. Certain transactions, including those involving futures, options, and other derivatives, give rise to substantial risk and are not suitable for all investors. You acknowledge that you understand that, due to many factors over which neither we nor our independent Content providers have control, actual and subsequent events, performances and/or outcomes may differ substantially from any estimates, projections or predictions that might have been made in the Content of our Site.
VIM's officers, directors, employees and/or principals (collectively "Related Persons") may have positions in and may, from time to time, make purchases or sales of the securities or other investments discussed or evaluated on the Site, which includes the Value Investor Insight and SuperInvestor Insight newsletters.
It is the policy of all Related Persons to allow a full trading day to elapse after the publication of the Site Content before any purchases or sales of any securities or financial instruments discussed therein are made.
You are hereby advised that Related Persons and Content Providers on the Site, whose opinions, judgments and analyses of particular securities or other investments are discussed or reflected in the Content may serve as officers or directors of companies that are issuers of such securities or other investments.
VIM receives compensation in connection with the publication of Site Content only in the form of subscription fees charged to subscribers and reproduction or re-dissemination fees charged to subscribers or others interested in the Content.
Links to Third-Party Web Sites
For information and reference only, the Site may provide links to the external websites of other parties. We will provide such links only as a convenience to you, with your understanding that we have not verified the accuracy, truth, reliability or timeliness of any information found at such other web sites. The fact that we have provided a link to another web site should not be construed as our endorsement of such web site or its contents. You acknowledge that you understand, and you agree to assume, the risks associated with using any information found on the Internet. You further acknowledge that such other web sites are not under VIM's control and that VIM makes no representations or warranties whatsoever about any other web sites which you may access through our Site. Accordingly, you agree that VIM will not be held responsible or liable for any damages or losses you may suffer as a result of your use or reliance upon any of the contents, advertising, products, or other materials found on such other web sites.
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By accessing the Site, you agree that you will bear full responsibility for your own investment research and decisions. You agree that VIM, as well as related persons and content providers, will under no circumstances be liable to you or any other party for any damages, injuries or losses, including any lost profits, direct, indirect, special, incidental, exemplary, punitive or consequential damages, injuries or losses of any kind resulting from your use or downloading of any of the Content on our Site, or on any third-party web site linked to our Site, including, without limitation, any damages, injuries or losses resulting from any investment decision made or action taken by you or others based upon any of the Content on our Site, or that of any third-party web site linked to our Site. The foregoing negation of liability encompasses, but is in no way limited to, damages, injuries, and losses caused in whole or in part by the negligence of VIM, related persons and/or content providers, or by events beyond the control of any of the foregoing in creating or delivering any of the Content on our Site.
Intellectual Property Rights in Content and Site
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The trademarks Value Investor Insight and SuperInvestor Insight are the property of VIM and are presently pending before the United States Trademark Office for registration.
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Requests for refunds following payment should be directed to our Customer Service department, at 205-722-2197, or by e-mail to email@example.com. Refunds are given for the remaining balance of the subscription term.
You agree that all claims, disputes or controversies that may arise between you and us and/or any of our present or former officers, directors, employees or principals concerning or arising from (i) the Site or the Content; or (ii) the construction, performance or breach of this Agreement shall be adjudicated by a single arbitrator in Vienna, Virginia under the Rules and auspices of the American Arbitration Association.
Arbitration shall be final and binding on the parties and judgement upon the arbitration award may be entered in any court, state, federal or foreign, having jurisdiction over the subject matter thereof. Except as otherwise provided below, the parties hereby waive their right to seek remedies in court, including the right to jury trial. You acknowledge and accept the fact that arbitration discovery is generally more limited than and different from that in court proceedings, and that the arbitrator's award is not required to include factual findings or legal reasoning, and any party's right to appeal or seek modification of rulings by the arbitrator is strictly limited. The arbitrator shall be a person who has experience in the securities and/or financial services industries. Each party shall bear its own attorney's fees and costs of arbitration.
Notwithstanding the foregoing, however, VIM shall have the right to initiate and seek legal and equitable relief from a court of competent jurisdiction if and as necessary to protect its intellectual property rights from and against infringement by you or anyone acting in concert with you.
Neither our Site nor its Content has been approved by any governmental agency or instrumentality, or by any self-regulatory organization. VIM is registered with the United States Securities and Exchange Commission ("SEC") as an investment adviser under Section 203(c) of the Investment Adviser Act of 1940. VIM is not registered as a broker-dealer with the SEC or any state securities authority, and nothing contained in our Site shall be construed as an offer or solicitation to buy or sell any securities or other investments.
This Agreement shall be construed, governed and enforced in accordance with the laws of the United States and the Commonwealth of Virginia (except with respect to choice of law). You agree that the proper forum for any claim arising under this Agreement will be the United States Court for the Eastern District of Virginia or the appropriate Virginia State court.
This Agreement represents the entire statement of the agreement between you and VIM regarding your rights to access our Site and to use the Content, and supercedes any other agreements or understandings, written or oral, relating to the above-noted subject matter.
You further acknowledge your understanding that our Site and Content is in no way intended to be a solicitation for money management services offered by Whitney Tilson, a principal of VIM, or any other Related Persons or Content Providers.
Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective against VIM unless the same is in writing and signed by one of our executive officers.
Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
Our failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part, will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise of our rights.
All rights and remedies given to us in this Agreement are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity.
This Agreement will be binding upon you and your executors, heirs, successors and assigns.
Any and all headings in the text of this Agreement are solely for convenience and reference, and do not constitute a part of this Agreement; nor shall they be construed to affect the meaning, construction or legal effect of this Agreement.
By electronically indicating your acceptance of the foregoing Terms and Conditions of this Agreement or accessing the Site or using any of the Site's Content after you have had an opportunity to review this Agreement, you knowledge and agree: (i) that you (including your representatives, heirs, executors, administrators, assigns and attorneys-in-fact) intend to enter into a legally binding contract between you and VIM; (ii) that you have read and agree to the Terms and Conditions of this Agreement; (iii) that you agree and intend that this Agreement be the legal equivalent of a signed, written contract, and that it be equally binding ; and (iv) that by electronically agreeing to this Agreement, you acknowledge that you have received a copy of this Agreement by your viewing the web page where this Agreement is displayed or otherwise.
Last updated January 3, 2018