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").
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.
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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. We believe in a "skin-in-the-game" approach and do not provide research that we would not otherwise use for ourselves. 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, entertainment, and educational purposes only.
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PAID PUBLICATIONS Our paid publications are not refundable. 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.
ACCEPTANCE 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. LICENSE 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.
CONDUCT 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;
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-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;
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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).
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-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.
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.
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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.
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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.
14. MISCELLANEOUS 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.
OUR USE OF YOUR PERSONAL INFORMATION We will use your Personal Information to process your products and services purchase, subscription or requests for information. We may also use such Personal Information to offer additional information to you about us, our products and/or services, personalize the types of information you receive from us, evaluate how our Sites are being used and the audience our Sites are reaching, identify market trends and market interests that help us improve the products and services that we offer, and develop and improve the content and operation of our Sites to better serve the needs of our clients.
ONLINE ORDERS When you purchase a product or service from us, we will request certain Personal Information, including credit card information. Individuals who do not have a Visa, MasterCard or American Express credit card are not permitted to make purchases with us online.
INFORMATION SHARING We may share your Personal Information (but never your credit card or password information) with our affiliates or with third parties who provide services to us and agree to keep your Personal Information confidential.
We will only disclose your Personal Information to our employees, affiliates, agents, contractors, or other third parties who have a need to know such information for the uses listed above. Except as provided above, we will not disclose Personal Information to any other third parties. Personal Information may also be aggregated with such information from other visitors to the Sites such that the information no longer personally identifies you. We may use the aggregated information for the general purpose of evaluating our market and/or business trends, our client/reader/visitor demographics, interests and behavior, our past and future product or service offerings and/or pricing, or other aspects of our business. We may share such aggregated information with our business partners, vendors, distributors or other collaborators, for these same purposes. We may also sell or license such aggregate information to one or more third parties for use in a similar manner. We also retain the right to release your Personal Information when required by law or when we, in good faith, believe that we must release the information in order to: (1) satisfy a legal order or comply with legal process; (2) defend our rights or those of our affiliates or business partners; or (3) protect the personal safety of our employees, agents, affiliates, business partners, customers, or site users. We also retain the right to transfer your Personal Information in the context of the sale of all or part of our business.
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18. DISCLAIMER SmithWeekly International, Ltd. is not a financial advisor, tax professional or legal advisor. SmithWeekly International, Ltd. is a publisher of financial opinions and educational content. All information, data, strategies, reports, articles and all other features of our products are provided for informational, entertainment, and educational purposes only and should not be considered or inferred as personalized investment advice and is not intended to be, nor shall constitute, an offer to sell or solicit any offer to buy any security. Certain US regulations prohibit us from giving personalized investment advice or other advice whatsoever on a personal basis. SmithWeekly International, Ltd. does not accept any form of compensation whatsoever from companies or assets that we may write about. SmithWeekly International, Ltd. does not recommend or endorse any brokers, dealers, or investment advisors. SmithWeekly International, Ltd.'s reports, writings and other media releases are based on its opinions, current news & events, interviews, corporate news & reports, SEC, SEDAR, other regulatory filings, and any other information learned from sources and experiences. Research may contain errors, and you should not make any financial decision based solely on what you read in SmithWeekly International, Ltd.’s reports and writings. It’s your money, it’s your responsibility to perform your own due diligence, and you must make your own decisions. Be advised and aware that buying and selling financial instruments involves risk. We accept no liability whatsoever for any direct or consequential loss arising from any use of our writings, products, services, website, or other content. You are responsible for your own investment research and decisions. You should seek the advice of a qualified investment advisor and fully understand any and all risks before investing. Historical results of our products are no guarantee of future results. We make no representation that any client/subscriber will or are likely to experience similar results. All results of our recommendations are not based on actual buying and selling of securities. All results are based upon a hypothetical model portfolio. Hypothetical model portfolio results have limitations and do not reflect all components of actually buying and selling securities. Your actual results may vary based upon many factors. Any testimonials are from actual clients & subscriber's feedback, emails, letters and other comments. They are not paid to provide testimonials. Due to privacy concerns full names are not provided to protect their privacy. Some testimonials may be shortened, but in no way modified other than for briefness. Any claims made by clients & subscribers have not been investigated, audited, or verified for accuracy. Their individual situation is not known and their results may not be typical, nor do we claim you will get similar results. Individual results will vary and you should not expect the same results. All content and references to third-party sources is provided solely for convenience. This information may be inaccurate, use at your own risk.
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