Terms and Conditions
UPDATED ON November 17, 2016
www.realvision.com/publications (the "Site") is part of the Real Vision Services and contains a sampling of the Services and information relating to the Services such as pricing and subscription plans. The Services are provided by Real Vision and through various third party platforms and devices.
To the extent you have access to, or are using, any of the Services without becoming a subscriber, your continued use of the Site and the limited Services provided to non-subscribers is nonetheless still governed by this Agreement. If you do not agree with the terms hereof that are applicable to non-subscriber users, you may not access the Services at all, including the Site.
When you subscribe to the Services you will be required to 'check the box' or take a similar action indicating your agreement to this Agreement. If you do not agree to the sections of this Agreement that apply to subscribers and do not check the box, you may not become a subscriber.
1. Important Securities Disclaimers Regarding the Information We Provide
Real Vision is a publisher of third-party Content. Real Vision does not endorse and makes no representations regarding third-party Content, nor is Real Vision liable for third-party Content.
You understand that no Content published, as part of the Services, constitutes a recommendation or a statement that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Neither the Site nor the Services are intended by Real Vision to provide, tax, legal or investment advice, and nothing on the Site or in the Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Real Vision or any third party. 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 with an attorney and tax professional regarding your specific legal and tax situation.
You further understand that none of the creators or providers of our Content and Services, or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the Content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person but is for general, educational purposes.
You understand that the views expressed in the Content and through the Services are the authors' own opinions. The Content and Services may contain opinions from time to time with regard to securities that are also mentioned in another portion of the Services, and those opinions may differ. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that one or more of the outside contributors (or their affiliates) to the Services may hold a position in the investments or securities written about. In cases where an outside contributor does holds such a position, laws applicable to such contributor may or may not require him or her to disclose that fact. We do not, however, represent or warrant that any such contributor will in fact comply with the laws applicable to him or her regarding such disclosure. Outside contributors may also be subject to certain restrictions on trading for their own account. In addition, certain of Real Vision's affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives of companies mentioned in the Content and Services and may take positions inconsistent with the views expressed therein.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein 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. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior Content we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
The Content and our Services are published for informational purposes only. The information, research, and opinions contained therein have been obtained or derived from sources believed to be reliable, but we cannot guarantee accuracy and completeness, nor the opinions based thereon.
You should not rely solely upon the Content and/or Services for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified securities professional before you make any investment. None of the information contained in our Content or Services constitutes, or is intended to constitute a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. Trading in any security can result in immediate and substantial losses of the money invested.
To the extent any of our Services involves a model portfolio of investments, such portfolio of investments is chosen by the author of the Content in which such model portfolio appears in accordance with the author's stated investment strategy. Your actual results may differ from results reported for the model portfolio for many reasons, including, without limitation:
- performance results for the portfolio do not reflect actual trading commissions that you may incur;
- performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results;
- the investments chosen for the portfolio may be volatile and so the price you obtain for any security therein may differ substantially from the price at the time referenced;
- the prices of investments in the portfolio at the point in time you begin subscribing to the Services may be higher than such prices at the time such investments were chosen for inclusion in the portfolio;
- you may not have the capital to trade as frequently as the portfolio;
- the size and timing of a subscriber's purchase or sale of a stock may affect the price of the stock.
2. Changes to This Agreement
3. Privacy, Security and Your Account
4. Fees and Payments
You must be 18 years of age or older to purchase a subscription to the Services. If you are less than 18 years of age and wish to subscribe, please ask your parent or guardian to complete subscription in their name on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for the Services (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. All charges will be automatically billed to your credit card on file with Real Vision. Subscription fees will be billed at the beginning of your subscription or any renewal. Generally, all fees and charges are non-refundable but please contact us through the messaging functionality made available to you on the Site and through the Services for more details about applicable refund policies, if any. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you want to use a different credit card or you need to update your credit card details, you may do so by accessing your billing information page once you log in to the Services or by contacting our customer service representatives through the messaging functionality made available to you on the Site and through the Services to make changes to your account. If you believe someone has accessed the Services using your user name and password without your authorization, please immediately notify us by contacting our customer service representatives through the messaging functionality made available to you on the Site and through the Services. Wireless and internet access and service charges you incur while using the Services are yours and are not included in any subscription.
5. Term. Cancellation and Renewal
This Agreement shall remain in full force and effect while you use the Services. Your subscription will renew automatically until it is cancelled in accordance with this Section. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. We may cancel your subscription at any time for any reason or no reason at all upon notice to you. In order to cancel your subscription, contact our customer service representatives through the messaging functionality made available to you on the Site and through the Services.
6. Subscription Policies
You may not use the Services without a valid subscription. To obtain a subscription, you must subscribe through the subscription page on our Site or for assistance with subscriptions, contact our customer service representatives through the messaging functionality made available to you on the Site and through the Services. Your subscription will not be valid unless and until we accept it. By subscribing, you represent and warrant that all identifying information that you provide is true, complete, and accurate, and you agree to notify us promptly of any changes to this information. If you are offered a free trial subscription to the Services, it will begin on the day in which we accept your subscription. If you do not cancel your subscription during this trial period, you will be charged for a one (1) year subscription to the Services at our rates then in effect, and your subscription will start immediately after the free trial period ends. If you have taken a free trial in the past six (6) months, you will not receive a free trial and your credit card will be charged instead immediately for the subscription fee associated with the one (1) year term.
We offer a full money back guarantee during the first thirty (30) days of your subscription in which you may cancel your subscription and receive a refund (the "Guarantee Period") if you are not completely satisfied with the Services. If during the Guarantee Period you do not wish to continue your subscription, you can contact our customer service representatives through the messaging functionality made available to you on the Site and through the Services to request a refund. Refunds will only be given during the Guarantee Period. You understand that unless you notify us that you wish to cancel your subscription during the Guarantee Period, your subscription will continue for a one (1) year term. If in the past six (6) months you have subscribed to the Services and cancelled your subscription during the Guarantee Period, you will not be offered a Guarantee Period and your credit card will be charged a one (1) year subscription fee at the subscription fee in effect at the time of your subscription.
You understand that unless you notify us that you wish to cancel before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory subscription offer, your subscription will automatically renew to the term as specified in the offer, and your credit card will be charged the non-promotional subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
WE RESERVE THE RIGHT TO CHANGE THE SERVICES AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CEASE USING AND TO CANCEL YOUR SUBSCRIPTION, SUBJECT TO SECTION 4.
7. Availability of Service through other Platforms; Third Party Payment Services
7.1: If you access the Services through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platform's terms in addition to this Agreement.
8. Certain Types of Users
8.1 Other Subscribers and Users: If your access to a Service is provided by, or through a Third Party (as defined in Section 3 above), some or all of the "Fees and Payments" and "Cancellation and Renewal" terms may not apply to you. Please contact the Third Party administrator of the subscription for details.
9. Limitations on Use
9.1: Only one individual may access the Services at the same time using the same user name or password, unless we agree otherwise.
9.2: The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") available through the Services are our property or the property of our advertisers and licensors/contributors and are protected by copyright and other intellectual property laws. Unless you have our express, written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
9.2.1: You may download and print all or portions of the Content for your personal use. Please do not share or distribute this Content, as it devalues your own subscription. Content you print is watermarked with your username and is traceable back to you. If you distribute a copy of the Content or portions of the Content without our express, written consent you may be subject to penalty charges, your subscription may be cancelled, and you may not be permitted to re-subscribe. We reserve the right to take any such other action, as we may deem appropriate including but not limited to, copyright infringement claims against you. Please contact our customer service representatives through the messaging functionality made available to you on the Site and through the Services if you wish to seek permission to distribute any portion of the Content in any manner not expressly permitted by this Agreement.
9.2.2: While you may download, store and create an archive of articles from the Services for your personal use, you may not otherwise provide access to such an archive to others. The foregoing does not apply to any sharing functionality we provide through the Services that expressly allows you to share articles or links to articles with others. In addition, you may not use such an archive to develop or operate an automated trading system or for data or text mining. Failure to comply with these requirements will subject you to the penalties outlined in subsection 9.2.1.
9.3 Additional Restrictions on Use of the Content:
You agree not to rearrange or modify the Content available through the Services. You agree not to display, post, frame, or scrape the Content for use on another web site, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us in writing is prohibited and may subject you to the penalties outlined throughout this Agreement.
You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services through any means, including by using or circumventing any exclusionary protocols.
As a general rule, you may not use the Content in any commercial product or service, without our express written consent.
You may not create apps, extensions, or other products and services that use our Content without our express, written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Services.
Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Services if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
10. Contests and Promotions
If we and/or our advertisers conduct promotions and other activities on, through or in connection with the Services, including, without limitation, contests and sweepstakes (collectively, "Promotions"). In some case, you may be able to win a prize ("Prize") as part of a Promotion. Each Promotion may have Additional Terms and/or Rules or eligibility requirements, which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.
11. Third Party Web Sites, Services and Software
12. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, PRIZES AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND INVESTMENT ADVICE. REAL VISION AND ITS AFFILIATES AND ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS (THE "REAL VISION PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, OR PRIZES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE REAL VISION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE REAL VISION PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
13. Agreement to Arbitrate
13.1: The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by an arbitrator of our choice in accordance with the Cayman Islands Arbitration Law, 2012. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction located in the Cayman Islands. For more information about arbitration, the Cayman Islands Arbitration Law 2012 and the arbitration process, please visit http://www.lrc.gov.ky/portal/pls/portal/docs/1/9776269.PDF. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 14 below, Cayman Islands law applies to any arbitration under this section. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
13.2: Unless you and we agree otherwise, the arbitration will take place in the Cayman Islands. For claims of $10,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.
13.3: The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Each party will equally share in the costs and fees imposed by the arbitrator (e.g., arbitrator fees, court reporting, venue rental) and each party shall bear its own costs and expenses, including its own legal fees (unless applicable law specifically provides that the prevailing party may recover costs and attorney's fees). To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Cayman Islands without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate court located in the Cayman Islands. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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