1. Terms and Conditions of Service
By using the Service, you affirm that you are at least 18 years of age and are not otherwise barred from receiving and using the Service under the laws of the United States or other applicable jurisdiction. You also affirm that you are able and competent to enter into this Agreement, and to abide by and comply with the TCS.
We may amend the TCS at any time and from time to time, effective immediately upon notice to you either by (1) electronic mail or conventional mail, or (2) posting online (which you agree shall be deemed constructive notice). Your continued use of our website following notice of any such amendment will be deemed to be your conclusive acceptance of all such amendments. In the event that you have the TCS cached on your browser, the TCS that applies to you is the most recent version of the TCS that appears on a non-cached browser. Accordingly, we recommend you check the TCS frequently for changes.
You alone are responsible for your own investment decisions. You should independently verify all information contained within the Newsletter, on our website(s), or in the alerts and consider obtaining professional advice before making any investment decision.
2. Our Service
Through our website, emails and other forms of correspondence, we provide users with free content (articles, reports, commentary analysis) that is written or provided by our staff, independent contractors, and third-party publishers that allow us to republish their content.
3. Use of Service – Limited License
The Service is proprietary to RAYAT and, with the exception of User Submissions and Outside Content (as deﬁned below), all content provided through the Service is copyrighted by us. Conditioned upon your compliance with the TCS, you may view the Service, and also print ONE (1) copy of any content from the Service, solely for your personal, noncommercial use.
Unless you have written authorization to do so from us, you may NOT make commercial use of the Service and may NOT reprint, republish or distribute content available through the Service in any manner, except through a RAYAT tool, such as an “Email” function or “Forward to Friend” function on a RAYAT site. This prohibition includes, but is not limited to, such copying as printing copies of RAYAT content and distributing them, downloading any content from the Service, posting any content from the Service online to the Internet or any intranet, or cutting and pasting any portion of the Service and forwarding copied content by email.
To receive certain Free Services and Paid Services, you must first register and pay any applicable subscription fees. If you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. If you are unfamiliar with how to maintain and update your information you may inquire with our Customer Service department through our Contact Us web page.
As part of the registration process, you may also be asked to select a unique username and password. We may refuse to grant you a particular username for any reason, at our sole discretion, including that such a username may impersonate someone else, be vulgar or offensive, cause confusion, or violate the rights of any third party. You agree to take all reasonable steps to maintain the conﬁdentiality of your username and password, not to share it with anyone else, and to notify us immediately at the contact information provided above if you become aware that your username and password have been compromised in any way, including loss, theft, or unauthorized disclosure of your user name or password. You agree to pay for and be responsible for all activities and purchases conducted through your account.
4. Scope of Service
RAYAT is a publisher of news and opinions and NOT securities broker/dealer or investment advisor. You acknowledge that the Service provides general opinions and analysis of stocks, other investment securities, and markets, but does not provide personalized investment advice. You acknowledge that the Service is for general informational purposes only and does not constitute a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any speciﬁc person, including yourself. You further agree not to contact us by any means to attempt to seek personalized investment advice. RAYAT and our employees and agents 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.
While the Service is based on sources believed to be reliable, we cannot and do not guarantee the adequacy, accuracy or completeness of any information, the suitability or proﬁtability of any particular investment, or the potential value of any investment or informational source. All information should be independently veriﬁed. The opinions provided by the Service should not be relied upon for purposes of transacting securities or other investments. You are responsible for your own investment research and decisions, and may wish to consider seeking the advice of qualiﬁed securities professional before making any investment. Moreover, although we may make references in news or marketing materials to prior articles, reports, commentary, analysis, newsletter issues or opinions, we disclaim any obligation, implied or otherwise, to update previously published information, in whole or part. Markets change, and previously published information and data may not be current and should not be relied upon.
Please be sure to fully read all disclaimers and disclosures contained in the Newsletters, the Alerts or elsewhere on our website.
To the extent the Service may involve a model portfolio or an actual “real-money” portfolio of investments upon which reporting is based, such portfolio of investments is chosen by the author in accordance with their stated investment opinion(s).
Certain independent contractors associated with us may manage money professionally outside of their role with RAYAT. We do not speciﬁcally recommend or endorse their investment ideas or recommendations.
5. Disclaimer of Warranties and Limitation on Liability
RAYAT strives to provide timely news and informed and expert analysis. However, the Service is provided “as is.” We disclaim all warranties, express and implied, including the implied warranties of merchantability and of ﬁtness for a particular purpose with respect to the Service. We neither warrant nor represent that the services or information available through our website or email correspondence will enable you to achieve any particular result or outcome, legal, economic, educational, or otherwise. You agree that RAYAT and their respective principals, owners, directors, officers, employees, contract employees, independent contractors, outside contributors, subsidiaries, affiliates, advertisers, and agents (together, the “RAYAT Parties”) will not be liable for any loss or damage allegedly caused by your reliance on information obtained in any of our publications. You alone are responsible for your own investment decisions. You should independently verify all information contained within the Newsletter, on our website(s), or in the Alerts and consider obtaining professional advice before making any investment decision. All investments carry some degree of risk. Do not invest in any stock if you are not prepared to lose your entire investment.
Before selling or buying any stock or other investment, you should consult with a qualiﬁed broker or other ﬁnancial professional to verify pricing information. The RAYAT Parties likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using the Service. The RAYAT Parties will not be liable for any incidental, indirect, consequential, or special damages of any kind, including lost revenues, lost proﬁts, or loss of data arising out of your use of this Service. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees that you have paid to us in connection with your access to the Service(s). The remedies available to you against the RAYAT Parties under this agreement are exclusive.
You agree to waive any and all rights against the RAYAT Parties and to hold the RAYAT Parties harmless in connection with any claims relating to any action taken by the RAYAT Parties as part of an investigation of a suspected violation of the TCS, or as a result of a violation of the TCS, including but not limited to the suspension or termination of your membership account.
6. Third-Party Content and Advertisers
Certain areas of our website may feature “Outside Content,” which is content identiﬁed as or attributed to a party other than RAYAT, including without limitation articles licensed to us and third-party advertisements. You understand that Outside Content (information, advertisements, articles, data, text, images, hyperlinks to non-RAYAT sites, or other materials) displayed on our website(s) are the sole responsibility of the person or entity who created such content. You acknowledge that RAYAT is not the creator of Outside Content and, as such, we do not guarantee the accuracy, integrity or quality of such content.
The Outside Content may include from time to time paid advertisements from third parties in the form of the Sponsored Alerts. We publish these paid for Sponsored Emails so that we may continue to provide our subscribers with free subscription and website services. Because the Sponsored Alerts are paid for third party advertisement they are clearly designated as such so that you can clearly distinguish them.
We also sell paid advertising in an online medium known as co-registration, where advertisers’ offers are presented to users. You acknowledge that any business dealings you may have with advertisers found on or through our website(s), including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the RAYAT Parties, as deﬁned above, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Service. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered ﬁnancial advisor or a licensed broker before buying or selling any security or investment recommended by an advertiser.
7. User Code of Conduct
While using the Service you agree NOT to do any of the following:
- use the Service for any unlawful purpose;
- restrict or inhibit any other visitor or member from using our Service, including, but not limited to, means of “hacking” or “cracking” or defacing any portion of any of our Service;
- claim or imply that any statements you make are endorsed by us without our prior written consent;
- re-subscribe multiple times to the same Paid Service and then request multiple refunds, or re-register for multiple subscriptions to the same Paid Service under different email addresses in order to avoid paying for a given Paid Service;
- transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); or (e) engage in spamming or ﬂooding;
- transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- modify, adapt, sublicense, translate, sell, reverse engineer, de-compile or disassemble any portion of any of our website(s);
- remove any copyright, trademark, or other proprietary rights notices contained within our website(s);
- “frame” or “mirror” any part of our website(s)without our prior written authorization;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- harvest or collect information about our visitors or members without express consent; or
- permit anyone else whose account or subscription was terminated or who has not registered or paid for our content to use any portion of our Service through your subscription, username or password.
You also agree that at all times you will:
- comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein;
- maintain and promptly update your registration data to keep it accurate, current and complete. If you need help maintaining or updating your information, you can contact our Customer Service Department by telephone at (877) 306-4256 during normal business or email us at email@example.com.
8. User Submissions
You may submit editorial submissions, creative suggestions, ideas, notes, concepts, information, feedback or other materials (collectively, “User Submissions”) to us through a variety of media, including without limitation through mail, e-mail or online submissions. You grant us, including any of our assignees, a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual and irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import User Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. By providing a User Submission, you also acknowledge that the User Submission may be posted online or otherwise can be reproduced by us, and waive any privacy or publicity rights you may have relating to the User Submission or use of your name or identity in conjunction therewith.
We may, at our sole discretion, remove or prevent access to, in whole or in part, any online User Submission, for any reason or no reason, including any material it deems in violation of its standards. The disclaimers applicable to Outside Content (see Paragraph 6 above) apply to User Submissions.
9. DMCA and Copyright Infringement
We have a policy of complying with the Copyright Act and with the notice and take-down provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that materials hosted by us infringe your copyright, you or your agent may provide a notice as provided under the DMCA, including: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. If you believe that a notice of copyright infringement has been wrongly ﬁled, you may submit a DMCA-compliant counter-notice.
We have a policy of terminating the accounts of repeat infringers. You agree that if your account is terminated for this reason that you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated as a repeat infringer that you will indemnify and hold us harmless for any and all resulting liability that we may incur.
10. Linking Policy.
Except as provided herein, you may display a hyperlink to any Free Service posted by us, so long as any site linking to us (a) does not suggest or imply that RAYAT sponsors or endorses another website(s)’s product, unless RAYAT has given its prior written consent; (b) does not display any of our trademarks without our prior written consent; and (c) does not copy any excerpt of RAYAT content, and (d) does not link to us in proximity to content that may be construed as distasteful, offensive or controversial. We reserve the right to withdraw permission to you to link to any Free Service posted by us for any reason in our sole and absolute discretion, and in such instance you agree to remove such a link. You are prohibited from displaying or linking to the Paid Service unless you receive our prior written permission.
11. Dispute Resolution.
The TCS are governed by and construed in accordance with the laws of the State of Nebraska, United States of America, without regard to its principles of conﬂicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of Omaha, Nebraska, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you are outside the United States, you further agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq.
12. Miscellaneous Provisions.
If any provision of the TCS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TCS and shall not affect the validity and enforceability of any remaining provisions. The TCS is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may transfer or assign this agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these TCS are inserted only as a matter of convenience and in no way deﬁnes or explains any section or provision hereof. This, together with our policies referred to herein, constitutes the entire agreement between us relating to the subject matter herein and supersedes any prior or contemporaneous written agreement.
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