1. BINDING AGREEMENT
By using the Internet site located at www.davidstockmanscontracorner.com (“the Site”) or any services or products provided in connection with the Site, such ordering a subscription, (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Conyers LLC (“the Company”) from time to time in its sole discretion. The Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
The Company is a service provider for selling and distributing a variety of publication, blogs and data products on the Site and through subscription. The content provided on the Site may contain investment information which is not, and should not, construed to be personalized investment advice. Investment information may be content in the form of articles, charts, indicators, strategies, news, market update, stock quotes, portfolio tracking, columns, or historical information (the “Investment Information”).
The Company is not a registered investment adviser or broker-dealer. The Company does not create, or own, and is not responsible for any investment information in the subscription products or posted on the Site. All content containing investment information are created and owned by their respective creators or publishers.
You agree that you assume your own risk of using the investment information to purchase any securities, or enter into any transaction, and you are fully responsible for the gain, loss and any other resulting consequences from relying on the investment information. You also agree that you do not construe the investment information provided on the Site as an offer to buy or sell or the solicitation of an offer to buy or sell any security. You understand that the investment information is the views or opinions of the creators or publishers and its accuracy and completeness cannot be guaranteed and it does not constitute as recommendation for any specific security or investment opportunity or for any specific individual.
2. PRIVACY POLICY
The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide an email address as your user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately on any unauthorized use of your account, user name, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
3. SUBSCRIPTION
The Company offers subscription services for a variety of publications, blogs and data products provided on the Site. Some subscription may offer free trial periods and others require immediate payment of monthly or annual fees. To place an order for a subscription, you are requested to provide your email address, a password, billing address, and credit card payment information as both the registration and subscription process. It is your responsibility to ensure that read the description of each product carefully before you place an order for that product.
By placing an order for a subscription, you hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. [The Company reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. Such new fees, charges, or terms shall not take effect earlier than 30 days after the Company posts such modified fees on the Web site or communicates them to you by e-mail. The Company reserves the right to terminate any account at any time for any reason.
If you register for a free trial subscription product, you are giving the Company a pre-authorization to your charge account and you must cancel within the free trial period as provided on the Site if you wish to cancel the subscription and to avoid payment being charged.
After placing an order for a subscription, you will receive a confirmation email from the Site with your account and payment information. You will then be able to log onto your account to access your subscription.
Your subscription will be automatically renewed. The renewal charge shall be equal to the original signup price, unless otherwise notified in advance by the Company by e-mail to you or as posted on the Company site. You will have 30 days after the date that any renewal fee is posted to your charge account and before the next billing cycle to give notice that you wish to cancel your subscription. The subscription will be cancelled on receipt of such notification. Refunds, including pro-rated refunds, will not be issued for cancellations.
Your right to use the subscription service or product is subject to any expenditure limits established by the Company or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, the Company reserves the right to either suspend or terminate your access and account, thereby terminating your subscription and all obligations of the Company in this Agreement.
If Customer has reason to believe that Customer’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer’s ID, password, or any credit, debit, or charge card number stored), notify the Company of the problem to avoid possible liability for any unauthorized charges to Customer’s account.
It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
If the Company fails to provide access to subscription service from the Site due to strikes, lockouts, labor disputes, embargoes, acts of God, power outage, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes, then the Company’s performance will be excused for a period equal to that period of the cause for failure to perform. The Company will give you notice within 30 days after the event causing the failure.[Option 2: Suspending rather than permanently excusing performance]
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
Other than content provided by you, all pages and information within this Site and any material made available on the Site or accessible to you, including but not limited to the Company’s subscription service, are the property of the Company or its respective affiliates, creators, and/or partners (collectively “Site Content”). No portion of the materials on these pages may be republished, modified, or distributed in any form without the express written permission of the Company or its respective affiliates, creators and/or partners except for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Site Content in violation of the Company or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that content provided by you does not violate any laws or third party rights rests solely with you.
5. USER CONTENT
You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content without violation of any applicable laws.
6. INAPPROPRIATE CONTENT
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent at:
New York, NY
You may also contact us by e-mail at dascontracorner@gmail.com
8. TERMINATION: ALLEGED VIOLATIONS
The Company reserves the right to terminate your use of the Service and/or the Site. To ensure that the Company provides a high quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, interfered with use of the Site or the Service by others, or if the Company is requested by law enforcement or other government or regulatory authorities.
9. NO WARRANTIES
The COMPANY HEREBY DISCLAIMS ALL WARRANTIES. The COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE CONTENT, DATA, PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, the COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY
The COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL the COMPANY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, PARTNERS OR CONTENT PROVIDERS/CREATORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY The COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED SITES
The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
12. PROHIBITED USES
The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Service, (g) offer to sell or buy any security or other investment opportunities on Site, or (h) knowingly post any comments that would violate any laws, including, without limitation, the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX. Any violation of system or network security may also subject you to civil and/or criminal liability.
13. INDEMNITY
You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. GOVERNING LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York City, New York, USA in all disputes arising out of or related to the use of the Site or Service.
15. SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
17. MODIFICATIONS
The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
18. ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
