PLEASE READ THESE TERMS (the “Terms”) CAREFULLY BEFORE USING OR SUBSCRIBING TO CAPPTHESIS, LLC (“CappThesis”) for financial market commentary (the “Services”). If you do not agree to these Terms, please do not use our services. Our Services may include information delivered via free content made available on or through email and the CappThesis website. There will also be the option for subscribing for paid content.
User Right to CappThesis
Portions of COMPANY LLC may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE COMPANY 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 CappThesis material is based upon information that we consider reliable and current, we have not verified this information and no representation is made that this material is accurate, current or complete, and such information should not be relied upon as such. The opinions expressed are those of CappThesis 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 The information may become outdated, and we have no obligation to update it.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 CappThesis website 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 or other investment published may not contain a list or description of all relevant risk factors.
CappThesis employees, managers, members, officers, agents, consultants and affiliates of the foregoing may from time to time have positions in the securities described in the material published within CappThesis. All material published by CappThesis 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 advice. Many of the investments described by CappThesis 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. If you are not sure if an investment is appropriate for you, you should obtain the advice and guidance of an independent financial advisor of your own choosing.
CappThesis Proprietary Rights
The content distributed through CappThesis, its copyrights, trademarks and other rights therein, are the property of CappThesis. 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 CappThesis. No portion of any publication made available through our Services may be extracted, summarized or reproduced without permission of CappThesis. Unauthorized use, reproduction or rebroadcast of any content of CappThesis, 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 the Services.
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.
Paid Service Publications
Our paid Service publications generally come with a limited-time money back guarantee within 24 hours. 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.
Auto-Renewal and Cancellations
All of our premium memberships renew automatically at the end of the billing period. If you wish to cancel your membership, simply log on to your account to cancel on the site or 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. Unsubscribing on the bottom of distribution emails will not cancel your subscription.
Our Right to Terminate your Subscription
We reserve the right to terminate your subscription to CappThesis 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 CappThesis 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 the CappThesis website and email distribution.
Disclaimer of Warranties
The Services and any content distributed through the Services is provided “as is” without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, CappThesis, its officers, managers, members, employees, consultants, 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.
CappThesis 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 CappThesis. 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 considerations.
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 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 CappThesis or any of its officers, managers, members, employees, agents, 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 CappThesis has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Services is to stop using the Services and seek a refund per the terms described in the paid Services section. In no event shall CappThesis’ total liability to you for any and all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for using the Services in the then current calendar year of your subscription.
You agree to indemnify, defend and hold harmless CappThesis and its current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers, agents 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 CappThesis; 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 New York 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 New York in connection with any action, suit or other proceeding arising out of or related to these Terms or your use of anything with CappThesis. You and CappThesis waive any objection based on lack of personal jurisdiction, conflict of laws, place of residence, improper venue or forum non convenience in any such action.
Please read the information below to become familiar with our policies regarding your information and CappThesis website.
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. CappThesis collects limited personal information in the process of verifying your identity when subscribing to CappThesis. 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.
Change in Terms
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 CappThesis website along with the effective date. 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.