HEDGE FUND TELEMETRY TERMS OF SERVICE
PLEASE READ THESE TERMS (the “Terms”) CAREFULLY BEFORE USING OR SUBSCRIBING TO HEDGE FUND TELEMETRY LLC. 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 email and Hedge Fund Telemetry LLC website as well premium paid content which you pay for through a subscription.
We may revise these Terms from time to time without prior notice. 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 Services after such changes to the Terms signifies your acceptance of the revised Terms.
User Right to Hedge Fund Telemetry LLC
Portions of Hedge Fund Telemetry LLC may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE HEDGE FUND TELEMETRY LLC SITE WILL BE LIMITED TO THE NAMED SUBSCRIBER(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.
Important Disclaimers Regarding Securities
Although Hedge Fund Telemetry 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 in are those of the publisher and are subject to change without notice. The information may become outdated, and we have no obligation to update it. You are advised to discuss with your financial advisers your investment options and whether any investment is suitable for your specific needs prior to making any investments.
Furthermore, you acknowledge that the content published on the Site does not constitute a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for 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 Hedge Fund Telemetry may not contain a list or description of all relevant risk factors.
Hedge Fund Telemetry LLC employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the securities described in the material published within Hedge Fund Telemetry LLC. All material published with Hedge Fund Telemetry LLC has been prepared for informational and educational purposes only without regard to one’s individual investment objectives, suitability, financial situation or means. Information published is not intended to constitute individual investment. Many of the investments described within Hedge Fund Telemetry LLC 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.
Our Proprietary Rights
The content distributed through Hedge Fund Telemetry LLC, its copyrights, trademarks and other rights therein, are the property of Hedge Fund Telemetry, LLC. You acknowledge and agree that you do not acquire any ownership rights by using the Services. You agree that you will not copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via email or any other medium any content made available from Hedge Fund Telemetry LLC. No portion of any publication made available through our Services may be extracted, summarized or reproduced without permission of Hedge Fund Telemetry LLC. Unauthorized use, reproduction or rebroadcast of any content of Hedge Fund Telemetry LLC, such as communicating investment recommendations to non-subscribers in any manner, is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights.
Termination of Your Subscription
The following terms apply in the event that you would like to terminate your subscription to Hedge Fund Telemetry LLC.
You may terminate receipt of any of our Free Service publications at any time by sending us a request to remove yourself from the relevant distribution list. Every email notification you receive will include a link for you to remove yourself from the distribution list. If you feel you have been signed up incorrectly and do not wish to have access to the Free Service publications, you can remove yourself from the list by clicking that link or sending an email request to email@example.com
Paid Service Publications
Hedge Fund Telemetry LLC reserves the right to change the prices of any products or subscriptions provided by the Paid Service. Unless otherwise specified, all subscriptions to the Paid Service will be automatically renewed when they come up for renewal using the payment information we have on file. Subscriptions may be canceled at any time and all are non-refundable. All payments made to Hedge Fund Telemetry LLC are made through a third party service. With the Hedge Fund Telemetry LLC “Sector Notes” Paid Service, there is the potential for an analyst to leave the firm within the period of your subscription. Hedge Fund Telemetry LLC in that event would grant the subscriber full access to all Hedge Fund Telemetry LLC Paid Services until a new specific sector analyst is replaced.
Auto-Renewal and Cancellations
All of our premium membership renew automatically at the end of the billing period. If you wish to cancel your membership, simply contact us prior to the end of your current billing period and we will turn off auto-renewal. You will continue to have access until the end of your current billing period, after which time you will be converted to a Free member of our site.
Our Right to Terminate your Subscription
We reserve the right to terminate your subscription to Hedge Fund Telemetry LLC 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 subscription payments you previously paid which relate to the remaining subscription period. Termination of your subscription to Hedge Fund Telemetry LLC may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained within Hedge Fund Telemetry LLC website and email distribution.
You may submit a notice electronically by emailing us at info@hedgefundtelemetry or in writing to:
Hedge Fund Telemetry LLC
46 Milbank Avenue
Greenwich, CT 06830
You may also reach us at 203-404-0240
Disclaimer of Warranties
The Services and any content distributed through the 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 Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Services or otherwise shall create any warranty.
Hedge Fund Telemetry LLC is not providing tax, legal, insurance or investment advice, and nothing on the website shall be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Hedge Fund Telemetry LLC. 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. You should consult an attorney or tax professional regarding your specific legal or tax situation.
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 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 Services. Hedge Fund Telemetry is not affilated with DeMark Analytics.
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.
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 SERVICES IS TO STOP USING IT AND SEEK A REFUND PER THE TERMS DESCRIBED IN PAID SERVICE SECTION. 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 SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
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 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 Services in any manner not authorized by us; or (d) any User Contributed Content submitted by you.
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut without giving effect to any principles of conflicts of law. You and we irrevocably consent to the sole and exclusive jurisdiction of the state courts located in Connecticut in connection with any action, suit or other proceeding arising out of or related to these Terms or your use of anything with Hedge Fund Telemetry LLC. You and we waive any objection based on lack of personal jurisdiction, conflict of laws, place of residence, improper venue or forum non conveniens in any such action.
Please read the information below to become familiar with our policies regarding your information and Hedge Fund Telemetry LLC website.
Though we make every effort to preserve customer privacy, we reserve the right to disclose personal or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Hedge Fund Telemetry LLC, its users, yourself or the public.
Use of Information
We implement a variety of security measures when a user places an order to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers. Hedge Fund Telemetry LLC collects limited personal information in the process of verifying your identity when subscribing to Hedge Fund Telemetry LLC. Such information includes name and email address. Under no circumstances is any personal information shared or sold to any non-essential outside parties. The release of limited personal information to outside parties is needed to validate against fraud in the case of subscription payments, verify access to the subscriber’s section of the web site and allow our credit card processing company to charge the appropriate credit card.