The following terms and conditions contain important legal and regulatory information applicable to our services we provide and should be read carefully and any access to and the use of this website is subject to the following terms and conditions. These terms and conditions are subject to change from time to time without notice.
RESTRICTION ON USE OF THIS WEBSITE
The content of this website is intended for use as a source of general information only. Information contained herein must not be accessed, acted on or relied upon by, and such information must not be passed on or made available to, any other persons for any purpose.
The information contained in this website is not intended for distribution to, or use by, any person or entity resident or domiciled in, or a citizen of, any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject HindeSight Publishing or any of its affiliates, officers or employees to any registration requirement. Users agree to assume responsibility for determining whether any legal or regulatory considerations limit their access to or use of information on this website and for compliance with local laws and regulations. Without prejudice to the foregoing, information on this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy securities in the United States of America to or for the benefit of United States persons (being residents of the United States of America or partnerships or corporations organised under the laws of the United States of America or any state, territory or possession thereof).
The information has been issued and approved by HindeSight Publishing and does not in any way constitute investment, legal, tax or other advice and is purely for information purposes only and is subject to change without notice. No information has been included in this website having regard to the specific investment objectives, financial situation or particular needs of any person. Past performance does not guarantee future results and the value of any related investment may fall as well as rise. Before making any investment you should read, understand and retain the relevant investment product or service documentation. If you have questions about the contents of this website and any relevant investment documentation or about the suitability of an investment for you, you should consult your bank manager, legal counsel, accountant or other financial adviser.
SUBSCRIBER TERMS AND CONDITIONS
Subscriber Terms and Conditions (these ‘Terms’) govern the use by subscribers (‘you’ or ‘your’) to either or both of our Services, as defined below, which are published by HindeSight Publishing (‘we’, ‘our or ‘us’) and made available on www.hindesightletters.com and any of our other websites that link to these Terms (the ‘Sites’).
ACCEPTANCE OF TERMS/ MODIFICATION OF TERMS By using any of our Services, you agree to comply with these Terms. Please read these terms carefully before subscribing to our services. 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 our Sites (the ‘Free Service’) and content which you pay for through a subscription (the ‘Paid Service’). The Free Service and the Paid Service are collectively referred to herein as ‘Service’ or the ‘Services.’
We may revise these Terms from time to time. 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.
RIGHT TO USE SERVICES Parts of the Sites, including parts relating to the Paid Service, may be accessed only with a Username and Password. You agree that such access to the sites or their content will be limited to the named user(s) only. You agree further that you will not, under any circumstances, allow your Username or Password to be used by any other person. ‘Named User’ means the identity of the person that is provided to us as the subscriber to any of the Sites.
DISCLAIMERS RELATED TO OUR SERVICES
1. Information Accuracy Cannot be Guaranteed
Our Services include investment and market information made available through our publications. Although this 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 such publications are those of the publisher and are subject to change without notice. The information in such publications 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.
2. Compensation For Endorsing Products or Services in Publications, ‘Affiliate’ Relationships
We regularly review or endorse products or services sold by other companies. In most cases, we have established a financial relationship with those companies and are given a commission or reimbursement on sales we generate. Company policies are in effect that attempt to avoid changes to the price or quality of goods and services provided as a result of these relationships. While we value our subscribers’ trust and endeavour to only endorse products and services we believe in, you are responsible for performing your own due diligence and evaluating whether such products or services are right for you.
3. Ownership of Securities Described in Our Publications
Ben Davies, Mark Mahaffey, David Stevenson, HindeSight Publishing and other entities in which they have an interest, employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the securities or commodities described in the material published as part of our Services. Corporate policies are in effect that attempt to avoid potential conflicts of interest, and we endeavour to resolve conflicts of interest that do arise in a timely fashion.
4. Content Not to be Construed as Personal Investment Advice
The material published as part of the Services has been prepared for informational purposes only without regard to your individual investment objectives, financial situation or means. Information published as part of the Services is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. The material is not to be construed as 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 in any jurisdiction in which such offer, solicitation or trading strategy would be illegal.
5. No Determination of Suitability Made/ Not All Risks Disclosed/ Private Advisors Recommended
The fact that we have made information available to you through the Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment described in the Services is suitable or appropriate for you. Many of the investments described by our Services 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. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.
ACCURACY The information provided in this website is compiled by HindeSight Publishing and its affiliates from information supplied to us by third parties. We take every care and precaution to ensure that all information in this website is accurate when posted and regularly updated, but we cannot guarantee, and make no representations or warranties as to, its accuracy or completeness. Views and opinions, while given in good faith, are subject to change without notice.
COPYRIGHT NOTICE The entire contents of this website and the content distributed through the Services are subject to copyright with all rights reserved and owned by HindeSight Publishing. You may download or print individual sections of this website for your personal use and information only provided that you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purposes this website without the prior written permission of HindeSight Publishing. You must not transmit any virus or other item of a destructive nature to this website and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items
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.
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.
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 labour 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.
EXTERNAL WEBSITES Links to external websites may be provided for your convenience but such websites are beyond the control of HindeSight Publishing and its affiliates and we do not accept any responsibility for their contents or any services or items offered through such websites.
INDEMNIFICATION 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 solicitors’ 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.
JURISDICTION This website is established in England by HindeSight Publishing and these terms and conditions shall be governed by the laws of England and Wales. You agree that the English courts shall have exclusive jurisdiction in the event of any dispute or proceedings arising from or in connection with the contents of this website, and you irrevocably waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
LIMITATION OF LIABILITY To the maximum extent permitted by applicable law or regulatory requirements, neither HindeSight Publishing nor any of its affiliates, directors, employees or other representatives shall be liable for any errors, inaccuracies or omissions on this website or for any loss or damage resulting from its use, whether caused by negligence or otherwise.
This limitation of liability includes any damages, losses, costs, claims, liabilities or expenses arising out of or in connection with the use of this website (whether under contract, tort, statute or otherwise arising). This limitation of liability shall apply to all damages, losses, costs, claims, liabilities and expenses of any kind whether direct or indirect and consequential, including (but without limitation) legal costs or expenses, direct loss of profit, direct loss of anticipated savings, loss of data, indirect loss of profit, indirect loss of anticipated savings, loss of revenue, loss of business, loss of use of money, loss of opportunity or loss of or damage to property and/or any wasted expenditure and third party claims.
TERMINATION OF YOUR SUBSCRIPTION
We hope that you will be fully satisfied with our Services. The following terms apply in the event that you would like to terminate your subscription to our Services:
1. Free Service Publications
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 firstname.lastname@example.org
2. Paid Service Publications
Our Paid Service publications generally come with a limited-time money back guarantee. The term of the guarantee varies with each offer, and it is your responsibility to understand and comply with the offer terms prior to subscribing. If for any reason during your trial period, you are not satisfied with such Paid Service publications, you may cancel your subscription by contacting us within such trial period and you will either receive a full refund for your subscription or a partial refund of your purchase price depending on the terms of the offer.
3. Our Right to Terminate your Subscription.
We reserve the right to terminate your subscription to any of our Services 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 any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.
If for any reason any part of these Terms and Conditions is deemed to be unenforceable then the validity of the remaining terms shall not be affected. All disclaimers, terms, conditions as set out in this website shall form part of these Terms and Conditions of use of this website.