Last updated: 01/29/2019
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1) We reserve the right, to modify, alter, update, and/or otherwise change these Terms at any time, and you agree to be bound by such modifications, alterations, updates, or changes. The date of the most recent version of these Terms is shown at the top of this Agreement. If you use the Site on or after that date, you agree to be bound by any and all such modifications, alterations, updates, and/or changes. If you do not agree to these Terms, you are not permitted to use the Site.
2) The content of the pages of the Site and other content (the "Content") available on the Site is for your general information and educational use only. It is subject to change without notice.
4) The materials and tools contained on the Site are provided as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational and educational purposes only. You acknowledge that you are using the Content at your own risk. We assume no responsibility for errors or omissions in the Content. We make no commitment to update the information contained on the Site. Furthermore, We make no, and expressly disclaim any and all, representations or warranties, express or implied, regarding the Content, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Site, or that use of the Site will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Us or any other party on the Site shall create any warranty or liability.
5) The Content provided through the Site should be used for informational and educational purposes only and is not intended to provide tax, legal, insurance, investment, or financial advice, and the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health, legal, financial or other decision you are seeking to make. Finally, you should not rely solely on the information provided by the models on this site in making investment decisions, but you should consider this information in the context of all information available to you.
6) Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
7) The Site provides two proprietary algorithms:
8) You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the bloggers, information providers, App providers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
9) You understand that the models on this Site may produce results that from time to time differ from each other and/or from statements or opinions made elsewhere on the Site, or by Vembar, LLC, its members, employers, contractors, and/or agents. You understand and agree that, although we require all employees to disclose every stock in which they, their immediate family, or any entity under their control, have a personal interest, if such stock is mentioned online or through any other medium which is not controlled by us, then non-employees, or other content contributors or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account, and that they may or may not be subject to a disclosure policy. In cases where Vembar, LLC, becomes aware that one of its employees has violated his or her disclosure obligation, we will take appropriate action. In addition, outside parties or content contributors may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more content contributors or their affiliates may have a position in the securities written about.
10) You understand that all company and performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
11) From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
12) All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
13) No content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. The information on this site, and in its related communications, is not intended to be, nor does it constitute, investment advice or recommendations. In no event shall Vembar, LLC, be liable to any user, guest, or third party for any damages of any kind arising out of the use of any content or other material published or available on FundamentalSpeculation.io, or relating to the use of, or inability to use, FundamentalSpeculation.io or any content, including, without limitation, any investment losses, lost profits, lost opportunity, special, incidental, indirect, consequential or punitive damages. The information on this site is in no way guaranteed for completeness, accuracy or in any other way.
14) The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
15) All Content and other materials published on or in the Site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without Our express written permission or, in the case of content licensed by Us from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from the Site for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you must pay a fee to access that content which requires a fee for access. To request use of Content – other than personal, non-commercial use as described above – contact firstname.lastname@example.org to request specific, written authorization, which may require payment of a fee and may be granted or denied in Our sole discretion.
16) In the event you believe that any content posted on the Site infringes your copyright or other intellectual-property rights, you may notify Us by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Our Copyright Agent:
17) Access to the models contained on the Site is through subscriptions. Subscriptions include access to Content unavailable to other Users of the Site. When you signup as a new user, we create a promotional account for you and your card is not charged during this period. When the trial is about to expire, we send you an email alerting you that your card will be charged. You can cancel any time during the trial period to avoid charges; no questions asked. After your trial period, the following subscriptions are available:
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19) This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
20) ALL CONTENT, PRODUCTS AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH GOODS, INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT YOU HAVE NOT BEEN INDUCED BY ANY STATEMENTS OR REPRESENTATIONS OF ANY PERSON OR ENTITY WITH RESPECT TO THE QUALITY OR CONDITION OF THE GOODS AND/OR SERVICES AND THAT NO SUCH STATEMENTS OR REPRESENTATIONS HAVE BEEN MADE. YOU ACKNOWLEDGE THAT YOU HAVE RELIED SOLELY ON THE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE THAT YOU HAVE CHOSEN TO MAKE AND THAT THE WE HAVE AFFORDED YOU WITH THE OPPORTUNITY FOR FULL AND COMPLETE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE.
21) We are not responsible for any loss and/or damage incurred from system errors and/or service interruption, including, but not limited to, server maintenance, server errors, system errors, power outage, and/or connectivity errors.
22) Except as prohibited by law, if there is liability found on our part, you agree that your claim for any damages will be limited to the amount paid for the products and/or services provided by the Site, and under no circumstances will there be consequential, punitive, or any other kind of exemplary damages. Our aggregate liability arising out of this Agreement will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past three months on a pro rata basis. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have other rights that vary from state to state.
For Jurisdictions that do not allow us to limit our liability:
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in jurisdictions where it is not legally permitted, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS, OR ANY SUBSTANTIALLY SIMILAR, SECTION OF THE CALIFORNIA CIVIL CODE. IF YOU DO NOT RESIDE IN THE STATE OF CALIFORNIA, YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED SECTION OF THE CALIFORNIA CIVIL CODE.
23) You agree that we will not liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond our reasonable control.
24) We periodically schedule system downtime for maintenance and other purposes. Unplanned outages also may occur. You agree that We shall have no liability for the resulting unavailability of any Content or for any loss of data or transactions caused by planned or unplanned system outages, internal infrastructure and/or network failures, or any outages of web host providers or the Internet infrastructure and/ network(s) external to the Site.
25) Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
26) The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
27) You agree that Provider, Its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
28) Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of the State of Connecticut, United States of America and applicable federal law without regard to conflicts of laws principles. You agree to submit to the jurisdiction of the state and federal courts located in Fairfield County, Connecticut, or such state or federal court located within the state of Connecticut which is in closest proximity to Fairfield County, Connecticut.
29 ) You must not misuse the Site by knowingly introducing Viruses, Trojans, Worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site for any purpose. You must you any automated method of accessing the Site, or information contained on the pages of the Site through data scraping or any other means. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act (CFAA) and/or any replacing legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately but without prejudice to any claim we and all others concerned may have against you.
We also reserve the right to terminate the account of any user for any reason at any time.
30) These Terms contain the entire agreement between you and us and cannot be altered or amended except in writing signed by both of you and us, or our respective legal representatives. You agree that by using this Site and agreeing to these Terms that you have not relied on any verbal or written statements, representations, or promises not contained in these Terms.