The following Terms and Conditions (“Terms”) govern the use by readers, clients, subscribers and any other user of SmithWeekly International, Ltd.’s products, services and associated content (“you” or “your”) to either or both of our Products and Services, as defined below, which are produced by SmithWeekly International, Ltd. (“we”, “our” or “us”) and made available on SmithWeeklyInternational.com and any of our other websites that link to these Terms (“Sites”).
1. ACCEPTANCE OF TERMS; MODIFICATION OF TERMS
By using any of our Products and Services, you agree to comply with these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO OUR PRODUCTS AND SERVICES.If you do not agree to these Terms, please do not use our Services. Our Services include information delivered via free content made available on or through our Sites (the “Free Service”) and premium content which you pay for through a subscription or by a one time paid report (the “Paid Service”). The Free Service and the Paid Service are collectively referred to herein as “Service” or the “Services.”
We may revise these Terms from time to time. If we change these Terms, a link to the revised version will be posted on the Sites and the effective date will be noted at the bottom of the Terms. You should review the Terms periodically for changes.
Your use of the Products and Services after such changes to the Terms signifies your acceptance of the revised Terms.
2. RIGHT TO USE PRODUCTS AND SERVICES
Parts of the Sites, including parts relating to the Paid Product and Service, may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER(S) ONLY. YOU AGREE FURTHER THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON. “Named User” means the identity of the person that is provided to us as the subscriber to any of the Sites.
3. AUTOMATIC RENEWAL AGREEMENT (AUTO-RENEW)
By accepting our terms & conditions when purchasing our subscription based products and services, you agree to have your subscription automatically renewed on an annual basis. The payment information provided upon the original purchase will be charged automatically on the anniversary of your subscription, within 3 days before or after the anniversary due to weekends and holidays. SmithWeekly International, Ltd reserves the right not to automatically renew any of our subscription based products and services at any time. Your subscription can expire without notice from SmithWeekly International, Ltd. While we provide information on your subscriptions, it is ultimately the responsibility of the client to keep record of their subscription status.
4. IMPORTANT DISCLAIMERS RELATED TO OUR SERVICES
ACCURACY OF INFORMATION IS NOT GUARANTEED
Our Services include investment and market information made available through multiple newsletter publications. Although this material is based upon information that we consider reliable and current, we have not verified this information and do not represent that this material is accurate, current or complete, and it should not be relied upon as such. The opinions expressed are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it.
ADVERTISING CONFLICT AVOIDANCE
SmithWeekly International does not solicit or accept paid advertising or any payment, directly or indirectly, in exchange for coverage or favorable ratings of a security nor do we accept any form of compensation from a publicly traded entity. The same policies apply to our staff and contractors, and violation of these terms is grounds for immediate termination.
We do accept paid advertising from small businesses and privately held companies, including those aiming to reach prospective investments for display on select portions of our sites, via email, and in freely available publications. All such advertisements are labeled as such, managed through a division separate from our investment analysis, and polices are in place to avoid potential conflicts of interest.
COMPENSATION FOR ENDORSING PRODUCTS OR SERVICES
We regularly review or endorse products or services sold by other companies. SmithWeekly International, Ltd. values the trust our readers put in the advice we provide, and endeavor to only endorse products that have been thoroughly vetted by our staff, rigorously tested, and exceed the quality standards we would use for ourselves. However, we strongly believe that you should always perform your own due diligence to evaluate whether such products or services are right for you before making a purchase.
In many cases, we have established a financial relationship with the companies that offer these products and are given a commission or reimbursement on sales we generate. As part of that negotiation we strictly specify that any fees paid will not change the price or quality of goods and services provided. The availability of fee sharing does not affect our decision to endorse a product, nor does an agreement affect our decision to discontinue our endorsement if we no longer believe the products or services meet the standards our customers should expect.
OWNERSHIP OF SECURITIES DESCRIBED IN OUR PUBLICATIONS
SmithWeekly International, Ltd. and other entities in which it has an interest, employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the securities or commodities described in the material published as part of the our Products and Services. Corporate policies are in effect that attempt to avoid potential conflicts of interest, and we endeavor to resolve conflicts of interest that do arise in a timely fashion.
CONTENT NOT TO BE INTERPRETED AS PERSONAL INVESTMENT ADVICE
The material published as part of the Products and Services has been prepared for informational and educational purposes only without regard to your individual investment objectives, financial situation or means. Information published as part of the Services is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. The material is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation or trading strategy would be illegal. Material in our Products and Services is for informational and educational purposes only.
NO DETERMINATION OF SUITABILITY MADE; NOT ALL RISKS DISCLOSED; PRIVATE ADVISERS RECOMMENDED
The fact that we have made information available to you through the Products and Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment described in the Products and Services is suitable or appropriate for you. Many of the investments described by our Products and Services involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.
5. OUR PROPRIETARY RIGHTS
The Products and Services and the content distributed through the Products and Services, as well as all copyright, trademark and other rights therein, is the property of SmithWeekly International, Ltd. You acknowledge and agree that you do not acquire any ownership rights by using the Products and Services. You agree that you will not copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via e-mail or any other medium any content made available through the Services. No portion of any publication made available through our Services may be extracted, summarized or reproduced without permission of SmithWeekly International, Ltd. Nothing contained herein shall be construed as conferring any license or right under any of our copyrights, trademarks or other rights. Unauthorized use, reproduction or rebroadcast of any content of our Services, such as communicating investment recommendations in such Products and Services to non-subscribers in any manner, is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
6. TERMINATION OF YOUR PRODUCT, SERVICE, OR SUBSCRIPTION
We hope that you will be fully satisfied with our Products and Services. The following terms apply in the event that you would like to terminate your subscription to our Products and Services:
PAID SERVICE PUBLICATIONS
Our Paid Service publications generally come with either a limited-time money back guarantee or allow you to recover a portion of your purchase price. The term of the guarantee varies with each offer, and it is your responsibility to understand and comply with the offer terms prior to subscribing. If for any reason during your trial period, you are not satisfied with such Paid Service publications, you may cancel your subscription by contacting us within such trial period and you will either receive a full refund for your subscription or a partial refund of your purchase price depending on the terms of the offer. After your trial period, you may still cancel your subscription and receive a pro-rated refund for all undelivered issues. Some services, such as lifetime memberships and others, may not be refundable after the initial trial period expires. Please see our Client Satisfaction & Guarantee.
OUR RIGHT TO TERMINATE YOUR PRODUCT OR SERVICE
We reserve the right to terminate your product, service, or subscription to any of our Products and Services at any time in our sole discretion. If we do so, we will promptly refund to you a pro-rated refund of the amount of the product, service, or subscription payments you previously paid which relate to the remaining product, service, or subscription period. Termination of your subscription to any of our Products and Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.
7. ADDITIONAL TERMS APPLICABLE TO USER CONTRIBUTED CONTENT
Our Services may include comments, articles and other content which have been contributed by you or other third parties (“User Contributed Content”). You agree to be personally responsible for any User Contributed Content you submit to us and you agree to comply with the following additional terms applicable to User Contributed Content.
Your submission of User Contributed Content constitutes your acceptance, without modification, of these Terms. If you do not agree with these Terms, you should not submit User Contributed Content.
By posting or submitting content to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sub-license, use, copy, display and distribute such User Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such User Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your User Contributed Content.
When you submit any User Contributed Content to us, you agree to the following:
-You agree to be personally responsible for your User Contributed Content and to communicate your comments and opinions in a lawful and respectful manner;
-You agree that any User Contributed Content submitted by you does not defame any person or violate or infringe the intellectual property rights of any person including, without limitation, trade secrets, confidential information, copyrights, trademarks, patents, rights of publicity or any other proprietary rights;
-You agree not to submit any User Contributed Content which contains advertising, promotional materials or any solicitation of products or services without our prior written consent;
-You agree to submit User Contributed Content that is related to the subject matter of the Site and that complies with applicable law;
-You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
-You agree not to submit any User Contributed Content that violates any local, state, national or international law, including but not limited to regulations of the U.S. Securities and Exchange Commission or other securities laws, any rules of any securities exchange, including without limitation, the New York Stock Exchange or any other market or exchange worldwide or to engage in activity that would constitute a criminal offense or give rise to a civil liability;
-You agree not to submit User Contributed Content which is abusive or harassing to any other person;
-You agree not to submit any User Contributed Content which contains nudity, language or other material that may be considered “adult”, obscene, indecent, objectionable or offensive;
-You agree not to harvest, collect or store personally identifying information about other users of the Site or to otherwise invade anyone’s privacy or disclose another person’s personally identifiable information in your User Contributed Content;
-You agree not to upload, post, email, otherwise transmit, or post links to any User Contributed Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site or any third party software, site, equipment or service;
-You agree not to engage in any activity which may compromise the stability or availability of the Site or use the Site to compromise the availability or stability of any third party site or service;
-You agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site; and
-You agree not to circumvent any security measures or any payment collections methods employed on the Site or access the Site or submit User Contributed Content after your account, access or contributing privileges have been terminated by us.
DISCLOSURE OF CONFLICTS OF INTEREST
When you submit any User Contributed Content to us, you also agree to abide by the following disclosure rules:
-You agree to disclose any conflict of interest, ownership interest, business, employment, or other financial relationship you have with any company or stocks named in any User Contributed Content you submit including, without limitation, the existence at the time of writing of a long or short position (including stocks, options or other instruments).
-You agree not to submit User Contributed Content with the intent to increase or decrease a stock’s price and sell or purchase the stock as a result of such increase or decrease.
-You agree to disclose any intent to purchase or sell a stock within three trading days of submitting User Contributed Content that discusses that stock.
RESPONSIBILITY FOR USER CONTRIBUTED CONTENT
Comments and views expressed on User Contributed Content are those of the contributors only and do not necessarily represent our views. We do not endorse and specifically disclaim all responsibility and liability for any User Contributed Content. We have no obligation to pre-screen or monitor User Contributed Content; however, we reserve the right to monitor, delete, move or edit User Contributed Content, in whole or in part, in our sole discretion at any time without notice to you. We also reserve the right to terminate your access to or ability to submit User Contributed Content at any time, without notice, for any reason whatsoever.
COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property rights of others and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please send a written notice to us at the email address below with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. INTERNATIONAL USE
Information published in connection with our Products and Services may contain references to information and materials that are not appropriate or available in all countries or regions. Those who choose to access the Products and Services from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.
9. DISCLAIMER OF WARRANTIES
The Products and Services and any other content distributed through the Products and Services is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Products and Services. Your use of the Products and Services and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Products and Services or otherwise shall create any warranty.
Neither us nor our officers, managers, members, employees, affiliates and agents will have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure to maintain your access to the Products and Services, or for any interruption or disruption of such access. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the Products and Services.
Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties or any other cause beyond our control.
10. LIMITATION OF LIABILITY
In no event will WE or any of our officers, managers, members, employees, affiliates, consultants, contractors or third-party content providers be liable for any special, indirect, incidental, consequential, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCTS AND SERVICES IS TO STOP USING IT AND SEEK A REFUND PER THE TERMS DESCRIBED IN SECTION 4. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR PRODUCTS AND SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION, PURCHASE OF SERVICE OR PRODUCT.
You agree to indemnify, defend and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Products and Services; (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using the Products and Services in any manner not authorized by us; or (d) any User Contributed Content submitted by you.
12. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the country of Belize, without giving effect to any principles of conflicts of law. You and we irrevocably consent to the sole and exclusive jurisdiction of Belize courts in connection with any action, suit or other proceeding arising out of or related to these Terms or your use of the Services. You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
These Terms represent the entire agreement between you and us relating to your use of the Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.
14. LEGAL NOTICES