AGREEMENT TO TERMS OF USE
Please read the following terms and conditions (“Terms of Use”) before using the Independent Speculator.com website (the “Site”) operated by Louis James LLC, a Puerto Rico limited liability company (the “Firm”), which includes (a) information and content (including newsletters) made available for free on or through the Site and (b) the Firm’s paid content (including content on the Site or in newsletters disseminated through the Site) and available on a subscription basis (the Site and any information described in (a) and (b) above is referred to individually and collectively as a “Publication” or the “Publication”).
Your access to and use of the Site and the Publication are subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and the Firm. The Site and the Publication are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Publication are not available to persons under age 18. By accessing and using the Site and the Publication, you accept, without qualification, these Terms of Use. If you do not approve and accept these Terms of Use without qualification, you should exit the Site immediately.
MODIFICATION AND MONITORING OF TERMS OF USE
The Firm reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice to you. The Firm recommends that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page of the Site. If you use the Site or the Publication after the Firm posts changes to these Terms of Use, you accept the changed Terms of Use. The Firm expressly reserves the right to monitor any and all use of the Site and the Publication.
LIMITATION ON USE OF THIS SITE AND THE PUBLICATION
This Site and the Publication are for your internal business purposes only. The Firm grants you a non-exclusive, non-transferable and limited personal license to access and use the Site and the Publication, conditioned on your continued compliance with these Terms of Use. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site or the Publication (provided that nothing restricts you from using the information herein in connection with your own investment decision-making process). The individual newsletters disseminated through the Site may have additional limitations to which you will be subject. You may not link other websites to the Site without the Firm’s prior written permission. You may print one hardcopy of the information on the Site and any Publication and download one temporary copy into one single computer’s memory solely for your own use and not for distribution, provided that all copyright, trademark and other proprietary notices are kept intact.
You are responsible for safeguarding your password. You may not allow others to use your user name or password to access or use any part of the Site or the Publication. If your user name or password has been compromised for any reason, you should contact the Firm immediately for a new user name and password. If you provide your user name or password to any third party, you will be solely responsible for any actions that such third party takes using that information. You may not use as a username the name of another person or entity or that is not lawfully available for your use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise vulgar or obscene.
All information on the password-restricted areas of the Site and in the Publication is confidential and private, and you may not disclose or distribute it to any other person for any purpose. Doing so constitutes a breach of these Terms of Use, which may result in immediate termination of your subscription and access to the Site. You may not use the Site or the Publication to advertise or perform any commercial solicitation. You also may not use any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of the Firm. You may not take any action that imposes, or may impose, in the Firm’s sole discretion, an unreasonable or disproportionately large load on the Firm’s infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures the Firm may use to prevent or restrict access to the Site or the Publication. The Firm reserves any rights not expressly granted herein.
THE FIRM IS A FINANCIAL PUBLISHER, NOT AN INVESTMENT ADVISER
Nothing in the Site or the Publication is 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.
The Firm is strictly a financial publisher. It is not an investment adviser, broker-dealer or other financial adviser or planner and is not registered as an investment adviser or broker-dealer with the U.S. Securities and Exchange Commission or with any state or other securities regulatory authority.
The Firm publishes information regarding investment ideas, companies, issuers, stocks, options, futures, commodities, currencies or any other securities in which the Firm believes its subscribers may be interested and its reports reflect its sincere opinions. The Site and the Publication are for information only and do not and are not intended to provide any individualized investment advice. The Firm will not and cannot offer personalized trading or investment advice and cannot request or consider your financial circumstances. Therefore, you agree not to provide the Firm with any information about your financial situation, investment portfolio or other individual information, and further agree not to request any individualized investment advice.
The fact that the Firm has published information through the Site and the Publication is not a recommendation that you enter into a particular transaction or a representation that any investment described in the Publication is suitable or appropriate for you. Many of the investment ideas described in the Publication involve significant risks, any 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 a complete discussion of the risks mentioned.
NO DUTY TO UPDATE
The Firm or its writers may at any time and without any notice change, update or correct the opinions, beliefs, projections or information previously published in the Publication. None of such persons has any duty to update such information on the Site or in any Publication.
LIMITATION OF LIABILITY; DISCLAIMER OF DUTIES
Neither the Firm nor any of its officers, partners, employees or affiliates will be liable to any subscriber, guest or anyone else for, among other things:
The information, software and services published on this Site and in the Publication may include inaccuracies or typographical errors. Due to various factors, including human and mechanical error, the Firm does not guarantee the accuracy, completeness, timeliness and correct sequencing of such information, software and services, including factual information, calculations, estimates, prices, product images, specifications, availability, and services. The Site and the Publication may be unavailable from time to time due to required maintenance, telecommunications interruptions or other reasons.
The Firm and/or its suppliers make no representations about the suitability of the information, software, products and services on the Site or in the Publication for any purpose. All such information, software, products and services are provided “as is” without warranty of any kind. The Firm and/or its suppliers disclaim all warranties and conditions regarding this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability. Because some states and other jurisdictions do not allow the exclusion of implied warranties, the above exclusion may not apply to you.
Your use of the Site and the Publication is at your own risk. You are solely responsible for any damage to your computer system, loss of data or any other damage or loss that results from downloading any content from the Site or the Publication.
The Firm and/or its suppliers shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to the Site or the Publication or with the delay or inability to use the Site, the Publication or any information, software, products or services obtained through the Site or the Publication, whether based on contract, tort, strict liability or otherwise, even if the Firm or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The Firm and any person creating or transmitting the information on the Site and the Publication shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of such information. If you are dissatisfied with the information, products or services offered on the Site or in the Publication or with these Terms of Use, your sole and exclusive remedy is to discontinue use of and access to the Site and the Publication.
INDEMNITY
You agree, at your own expense, to indemnify, defend and hold harmless the Firm, its parents, subsidiaries and affiliates, and their officers, directors, shareholders, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Site or the Publication or any product or service related thereto, or any of your other acts or omissions, including but not limited to the actual or alleged infringement or nay of the Firm’s or third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using anything on the Site or in the Publication in any manner not authorized by the Firm.
DISCLOSURES REGARDING PERFORMANCE TRACK RECORD
Performance statistics on the Site have not been compiled, reviewed or audited by an independent accountant or other third party. The track record statistic published on the Site for the period prior to April 2018 is based on the performance of a model portfolio published during that period by another publishing firm for which the Firm’s founder previously was an employee or consultant. He was responsible for updating that model portfolio at the prior firm during that time. The past performance statistic reflects an equal-weighted model portfolio as calculated yearly (click here for details), and does not reflect actual trading or the impact that economic and market factors may have had on the founder’s decision-making were he actually managing a portfolio during those time periods.
The Track Record beginning with April 2018 reflects the actual performance of investments made by the founder thereafter.
There is no guarantee that past performance will be indicative of future results. The information on the Site or in the Publication may not be profitable and may be subject to losses. You assume the entire cost and risk of any trading you choose to undertake. Investing in stocks, bonds, options and other financial instruments involve risks and may not be suitable for everyone.
THE FIRM OR ITS AFFILIATES WILL INVEST IN THEIR OWN ACCOUNTS
The Firm and its officers, partners, employees and agents and affiliates of the foregoing will in some cases already have made the investments that appear as investment ideas or in the model portfolio on the Site or in the Publication. The Firm is not obligated to inform you of such trading activities, either before or after they occur, however, it is our policy to inform subscribers to The Independent Speculator of our trading activities.
In other cases, the Firm and such persons may not hold an investment that appears in a model portfolio or otherwise as an investment idea discussed on the Site or in the Publication. The Firm is not obligated to inform you that it or any of the foregoing persons does not hold any such investment.
AFFILIATE PROGRAM FOR REFERRING SUBSCRIBERS
The Firm provides certain benefits (such as referral fees) to persons who register for our Affiliate program and refer new subscribers. Thus, any new subscriber that has been referred to this Site and the Publication by a third party should be aware that such third party may have made such referral simply to obtain such benefit.
OWNERSHIP OF CONTENT
The Site, the Publication and all of their content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of the Firm and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site and in the Publication are proprietary to the Firm, including all registered and unregistered trademarks and service marks of the Firm. If the Site or the Publication includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by the Firm or any third party, without the Firm’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of the Firm’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the Firm’s prior written permission.
TRUTHFUL INFORMATION
As a condition to your use of the Site and the Publication, you represent and warrant to, and agree with the Firm that, all of the information that you provide is truthful, accurate, current and complete. When you create an account with the Firm, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your subscription or access to the Site. If the Firm collects any information from users of the Site or the Publication, the collection and use of such information is governed by the Firm’s Website Privacy Policy, which you should read before providing any information to the Firm.
NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Site and the Publication, you represent and warrant to, and agree with, the Firm that you will not use the Site or the Publication for any purpose that is unlawful or prohibited by these Terms of Use.
NO ENDORSEMENT OF BROKERAGE FIRMS
The Firm does not vouch for the services of any brokerage firm. The brokerage firm you select is solely responsible for its services to you. The Firm shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any brokerage firm (including commissions, fees and slippage).
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Site or the Publication are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of the Firm or that the Firm endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the Firm.
LINKS TO THIRD PARTY WEBSITES
The Site or the Publication may contain hyperlinks to websites operated by parties other than the Firm, which may not have been screened or reviewed by the Firm and which may contain inaccurate, inappropriate or offensive material, products or services. The Firm does not control such websites, and the Firm assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The Firm’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You should read the terms of use and other policies of any such third pary websites.
SUBSCRIPTION TERM AND PAYMENT
If you wish to subscribe to any product or service made available through the Publication (a “Subscription”), you may be asked to supply certain information relevant to your Subscription including, without limitation, your credit card number, the expiration date of your credit card, your billing and mailing addresses. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Subscription. By submitting such information, you grant the Firm the right to provide the information to third parties for purposes of completing Subscriptions.
Payment for any paid Subscription will be made on the date you subscribe. The subscription term will commence on the date you subscribe and continue for the term you select when subscribing, until the day before the anniversary of the date you subscribe, unless the Firm terminates such subscription as provided in these Terms of Use or on the Site. All subscriptions, except for the annual subscription to The Independent Speculator, will renew automatically on their anniversaries, unless cancelled beforehand by the subscriber. The annual subscription to The Independent Speculator must be renewed by the subscriber every year.
SUBSCRIPTION TERMINATION
If you wish to terminate your subscription, please email us at Info@IndependentSpeculator.com (or call 833-773-2858). In addition, the Firm may terminate or suspend access to the Site or the Publication immediately, without prior notice or liability, for any reason whatsoever. The Firm does not offer refunds. All provisions of these Terms of Use shall survive termination of your Subscription, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Publication will immediately cease. The Firm may limit enrollment for new subscriptions as it sees fit.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
These Terms of Use are governed by the laws of the Territory of Puerto Rico, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in San Juan, Puerto Rico, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Firm as a result of these Terms of Use or use of the Site or the Publication.
The Firm’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of the Firm’s right to comply with law enforcement requests or requirements relating to your use of the Site, the Publication or information provided to or gathered by the Firm regarding such use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
By reviewing or using the information on the Site or in the Publication after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding and (c) you will use the information on the Site and in the Publication in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the same may be amended by the Firm online or otherwise from time to time. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use constitute the entire agreement between you and the Firm with respect to the Site and the Publication and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Firm regarding the Site and the Publication.
You may obtain a paper copy of any information contained within these Terms of Use at any time by either sending an email to info@independentspeculator.com or calling (833) 773-2858. We will not charge you a fee for the paper copy.
YOU SHOULD PRINT OR SAVE THESE TERMS OF USE BY USING THE “PRINT” OR “FILE SAVE” OPTIONS ON YOUR INTERNET BROWSER.
You agree to be bound by any agreement or consent that you transmit to the Firm or through the Site via any media or electronic device, including internet, telephone and wireless devices. You agree that when you click on any “I Agree” or “I Consent” or “Subscribe” or “Sign Up” other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement shall be legally binding and enforceable and a legal equivalent of your handwritten signature. This consent will apply on an ongoing basis unless you withdraw your consent. However, if you do withdraw your consent, the Firm may cancel your subscription. To withdraw your consent, please notify the Firm using any of the methods described above.
By clicking “I Agree” or “I Consent” or “Subscribe” or “Sign Up” other similarly worded “button”, you acknowledge that you have read, understand, and agree to be bound by the Terms of Use above, and confirm that you will download or print these terms and conditions for your records. You acknowledge that you can access the information that is provided electronically on the Site and via email. By choosing not to click “I Agree” or “I Consent” or “Subscribe” or “Sign Up” other similarly worded “button”, you understand that you will not be able to subscribe to any Firm publication.
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