Important Disclaimer Regarding the Information We Provide
GAVEKAL is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. GAVEKAL is not giving tax advice, legal advice, or other professional advice. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters. You understand that GAVEKAL, its employees, and affiliates will not 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. The Services’interactive features are an educational and informational service designed to help subscribers identify savings and investment strategies. They do not take into account all of the unique circumstances that may affect a subscriber’s financial decisions, and nothing contained herein should be considered personalized investment advice that is tailored to the individual needs of subscribers. The results obtained by using these features should not serve as the sole or primary basis for making investment decisions. Subscribers should consult their financial advisors to develop a personalized plan that takes into account their individual needs and circumstances.
You understand that the Services may contain opinions from time to time with regard to securities mentioned in the Services, and that those opinions may be different from those obtained by using another portion of the Services. In addition, certain of GAVEKAL affiliates and employees may, from time to time, have long and short positions in, or buy or sell the investments, securities, or derivatives thereof, of companies mentioned in the Services and may take positions inconsistent with the views expressed.
You further understand that GAVEKAL and its employees, affiliates, and creators of the Services may not and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of investments, securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. Past results are not necessarily indicative of future performance.
You understand GAVEKAL and its employees, affiliates, and creators of the Services may write about investments or securities in which they or their firms have a position, and that they may trade for their own account. GAVEKAL and its employees may invest their own personal accounts in exactly the same manner as recommended to you. Additionally, GAVEKAL’s affiliates and creators of the Services may be trading on information similar or identical to that provided by the Services for their own account.
GAVEKAL and its employees, affiliates, and creators of the Services may also invest in securities about which GAVEKAL does not write about as part of the Services. In cases where the position is held at the time of publication, appropriate disclosure is made. In addition, GAVEKAL and its employees are subject to certain restrictions on trading for their own account including. However, you understand and agree that at the time of any transaction that you make, one or more of GAVEKAL and its employees, affiliates, and creators of the Services may have a position in the investment or securities written about. The personal accounts of GAVEKAL and its employees, affiliates, and creators of the Services are too small to noticeably effect the market value of any underlying securities.
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.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes are at least 15 minutes delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, you should consult with a qualified broker or other financial professional to verify pricing information.
Registration and Privacy
In order to gain access to the Service, you must subscribe to GaveKal Equity Analytics by choosing a unique user name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a particular user name in our sole discretion. In consideration of use of the Services, your represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update you registration data to keep it true, accurate, current and complete.
As a subscriber, you also have certain other obligations relating to your account:
When you register with or subscribe to GaveKal Equity Analytics, we collect information from you that may include your name, email address, city, state and zip code, as well as other information, such as your gender, age, occupation, personal interests and similar information. In addition GAVEKAL may collect additional information about you, such as credit card information, stock and fund information, financial information, and employment information. The information we collect may be “personally identifiable information”, which is information that we can use to identify you as an individual. Personally identifiable information includes your name, address, telephone number and any other information that is connected with your identity.
We want you to know that we pride ourselves in our efforts to maintain the privacy, safeguarding and confidentiality of any personally identifiable information. We do not disclose any personally identifiable information about you to anyone, except to provide you with the Services, and except as required by law. We restrict access to personally identifiable information about you to those employees who need to know that information to provide the Services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personally identifiable information.
Subscription Renewal for the Services
Your subscription will continue for the monthly or annual period you select during registration (the “Term”), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by contacting us.
If your do not notify us as described above, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed). You will not receive a refund or reimbursement of your subscription fee after your subscription has renewed.
In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date of charge to notify us concerning any discrepancies in your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with you use of the Services, you agree not to:
You also agree that at all times you will:
Disclaimer of Warranties and Limitation of Liability
The Services and any content obtained or accessed through the Services is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, GAVEKAL, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, 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 adequacy, accuracy or completeness of any information available through the Service.
GAVEKAL and its affiliates and agents do not warrant that your use of the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and your reliance thereon. No opinion, advice, or statement of GAVEKAL or its affiliates and agents whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk.
Under no circumstances shall GAVEKAL be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
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GAVEKAL’s Proprietary Rights and Trademarks
The Services and the content distributed through the Service is the property of GAVEKAL. You may access and use the content, and download and/or print out copies of any content from the Services, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Services. If you are interested in reprinting, republishing or distributing content from GaveKal Equity Analytics , please contact us.
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We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
For all notices, please contact us in writing: 1099 18th Street, Suite 2780 Denver, CO 80202,email: firstname.lastname@example.org