By joining Signals Matters, you acknowledge that you have read and accepted the terms laid out in the following documentation.
TERMS OF USE
Signals Matter, LLC is strictly a research publishing firm and does not provide individual investment advice to its Subscribers. The information we publish is based on our opinions plus our statistical and financial data, independent research and proprietary methods of filtering the same. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, risk profiles or future financial needs, and therefore is not intended to be used as a customized recommendation to buy, hold, or sell securities, or engage in any specific or all-inclusive trading strategy. Such recommendations regarding all or any part of your investment portfolio should only be made by a personal advisor or the broker you select, unless, based upon your own judgement and experience in financial markets, trading, and risk management, you decide otherwise. Without such high levels of experience, the support and advice of your own financial advisor(s) is essential and highly recommended. Your access to and use of “Subscriber-Only Products” (including, but not limited to: Signals Watch, Trend Watch, Recession Watch and The Market School as provided within the Site, (www.signalsmatter.com) offered by Signals Matter, LLC (the “Company”) and any other current or future products provided by the Company and affiliated with the Site, are conditioned upon your acceptance of and compliance with these the terms of use as set forth in this instrument, (the Terms). By accessing or using the Site and Subscriber-Only Products, you agree to be bound by these Terms. If you do not agree to the terms as set forth explicitly herein, you agree that you will not access or use the Site and materials, including the Subscriber-Only Products, and that YOU understand that you ARE PROHIBITED FROM ACCESSING ANY COMPANY SITE OR SUBCRIBER-ONLY PRODUCTS AND ANY RELATED MATERIALS PROVIDED BY THE COMPANY.
- OVERVIEW
You are solely, exclusively and entirely responsible for your use of the Site and Subscriber-Only Products and any related materials. You further agree that you will not use the Site and Subscriber-Only Products unless you can form a binding contract (the Subscriber Agreement) with the Company. Please read these Terms carefully before accessing or using any Site materials or Subscriber-Only Products provided by the Company or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”). Without limitation, such Site includes www.signalsmatter.com, themarketschool.com, and any and all products, services, subscriptions, content and features available on or provided through those websites (such sites and materials collectively, the “Site and Materials”). At any time, the Company may revise these Terms by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of the Site and Materials after such revisions have been posted and/or communicated to you indicates your acceptance of all such revisions.
The Company Site and Materials are not intended for or directed towards children under 18 years of age. By accessing or using the Site and Materials, you affirm that you are over the age of 18, of the capacity of sound consent and fully aware of the personal responsibility and choice entering into your relationship with the Company.
- GENERAL DISCLAIMER—VERY IMPORTANT
The Company is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company provides carefully researched and informed opinions as to market risks, opportunities and security-specific beliefs, does not in any way recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. Any decision, including any trades or personal portfolio adjustments, that YOU make regarding any opinion provided by the Company and within the Site is one for which you assume full and complete responsibility. You understand and acknowledge that there is a very high degree of risk involved in trading securities . You further acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company, founded by seasoned market and legal experts and financial advisors themselves, fully encourages you to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment decisions, actions or results and you agree to hold the Company harmless for any such results or losses. As is commonly known and understood, but bears constant repeating: past results of any individual trader or trading strategy published by the Company are not indicative of future returns by that trader or strategy, and are not indicative of future returns which may be realized by you. The Company consistently refers to (and monitors to the best of its ability) broad as well as specific areas of market risk, which have increased in the backdrop of greater numbers and complexities of exchanges and instruments, including ETF’s and the risks attendant to them, as well as broader macro risks due, potentially and in part, to extreme monitory policies followed by central banks and governments in the US and around the globe. In addition, the risk filters, technical techniques, information, content, indicators, strategies, blogs, articles and all other features of the Site and Materials, or any Company product or service, (collectively, the “Data”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Data in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. Again: you are solely responsible for your own trading decisions, and nothing in the Data is suggested, promised or intended to be or should be interpreted as an assurance or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.
- INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES
The Site and Materials and any current or future related content, including without limitation any Subscriber Ideas (as defined below), third-party applications, and any other content on the Site and Materials, as currently maintained or expanded in the future, and any and all copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or any of its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use. The Company or any of its third-party licensors, if or as applicable, (whether existing or future) reserve all rights not expressly granted in and to such content. Do not modify, forward or use such content unless expressly permitted (in writing) by the Company. Any such unauthorized modification or use hereunder is a direct, clear and enforceable violation of the Company’s intellectual property rights and can subject you to legal liability. The Site and Materials may, now or in the future, contain links to third-party websites. The fact that we consider, do or may provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third- party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit. Signals Matter, LLC. is the copyright owner of all information contained in this Site, except as otherwise indicated. Other parties’ trademarks and service marks that may be referred to are the property of their respective owners. You may print a copy of the information contained herein, i.e. charts, graphs, commentary for your personal use only, but you may not reproduce, share or distribute the information to others or substantially copy the information on your own server, or link to the Signals Matter website, without prior written permission of the Company. Use or reproduction of information from the Site and Materials for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.
- USER IDEAS AND OTHER CONTENT
The Site and Materials may permit the submission of content by users, including, for example, comments, articles, links, and conversations in our blog, podcast or video updates which often include commentary by Site Subscribers as well as the general public, and may include chat- room content by and among Site Subscribers (User Ideas). By posting any such User Ideas, you are granting the Company an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Idea in any and all media or distribution methods (now known or later developed). The Company has the right, in its sole discretion and without further notice to you, to monitor, censor, edit, move, and/or remove any and all content posted on the Site and Materials, including any User Idea, at any time and for any reason. We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of any content or User Idea and do not necessarily endorse any opinions expressed therein. You understand that by using the Site and Materials, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. We may not monitor or control the entirety of content or User Ideas accessible on the Site and Materials. In connection with your use of the Site and Materials and your own User Idea, you agree to follow our Conduct Standards as the same may be published or linked to on the Site and Materials. We may periodically update the Conduct Standards. The current Conduct Standards are available along with this Terms of Use and other related documents required for subscription to SignalsMatter.com.
- PERFORMANCE RESULTS CLAIMS BY SUBSCRIBERS
To avoid abuses of transparency, we do not encourage, allow or desire Subscribers to make claims as to gains or losses within the Site and Materials. To the extent any such claims are made, we may require Subscribers to verify their securities trades through various methods that we designate. If you fail to provide such verification, we may do any or all of the following: (1) disable any account that you have established through the Site and Materials; (2) remove any content you post, including content regarding your trades. Despite the Company’s commitment to providing opinions rather than aggregating Subscriber trade results, however, the Company does not and cannot guarantee the accuracy of and shall not be liable in any way in connection with any trade information submitted by Subscribers.
- SUBSCRIPTION AND PAYMENT
In connection with any purchase of services or materials from the Company, the Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. If you purchase a subscription to any Company service or material, by authorizing the Company to charge a payment card for the fees associated with your subscription, you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. Although not currently foreseen or intended, the Company may at any time change any of its pricing, or institute new charges or fees, including reductions of the same. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes. Your subscription will be set to automatically renew upon expiration, either monthly for monthly Subscribers, or annually, for annual Subscribers. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term. If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be as per the Terms herein. Namely and to wit: monthly Subscribers will be charged for the full month of the month in which a termination request is given; annual Subscribers will not be further charged upon their renewal date. Subscription cancelations are accepted online under My Account on the Subscriber portal. Your obligations hereunder, including your obligation to pay amounts owed to the Company under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Site and Materials. You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.
- SECURITY
Measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or methods of electronic storage are set forth within our Privacy Statement. As set forth in said Privacy Statement, the Company is committed to preserving the trust and confidence of its Subscribers and will use its best efforts within current and future technological resources to ensure the security of your information, yet cannot provide a blanket guarantee of such security, as no security is 100%/completely effective and we cannot promise (and you should not expect), that your information will remain secure in all circumstances. When you place orders on the Site, your information is transmitted using Secure Sockets Layer (SSL) technology. Furthermore, we have implemented industry standard security mechanisms and procedures to protect data from loss, misuse, and unauthorized access, disclosure, alteration and destruction.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON- INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE COMPANY SITES AND MATERIALS.’
- LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY CURRENT OR FUTURE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SITE AND MATERIALS, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
- INDEMNIFICATION
As a condition of your use of the any of the Site and Materials, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Sites and Materials; (c) your violation of the rights of any third party, (d) any claim that one of your User Ideas caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Sites and Materials.
- TERM AND TERMINATION
Except as otherwise specified herein, these Terms commence on your first use/login of any of the Sites and Materials and continue until you cease to use the Sites and Materials, or your subscription, if any, expires or has been terminated, whichever is later. The Company may terminate your access to and use of the Sites and Materials at any time and for any reason. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Sites and Materials after termination or notification of the same.
- MISCELLANEOUS
These Terms and the Conduct Standards referenced herein constitute the entire agreement between you and the Company relating to your use of the Site and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The laws of the Delaware without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. You and we (the Company) agree that our sole relationship is a contractual one governed by these Terms and the Conduct Standards. Any controversy or claim arising out of or related to the provision of services or materials by the Company shall be resolved solely based on these Terms. Except as otherwise provided herein, any controversy between the parties arising out of the Terms shall be submitted to the American Arbitration Association (“AAA”) for arbitration in Delaware in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms nor to grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity. Notwithstanding anything to the contrary in the AAA Rules, you and we at the Company agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law. Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party’s intellectual property or other proprietary rights. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
PRIVACY
This Privacy Policy/Statement, dated as of 10/11/2017, describes our company’s values and practices regarding the information we collect on this website.
TRUST & CONFIDENCE
Signals Matter is committed to preserving your trust and confidence. Because your privacy is important, we have created this privacy statement in order to demonstrate this commitment. The following discloses our information gathering and dissemination practices for this website.
CUSTOMER ORDER INFORMATION
Our site uses order forms for customers to request information, products and services. Contact information from the order form is used to send orders, communicate information and promotional material from our company and partner companies. Financial information that is collected is used to bill you for products and services ordered.
SECURITY
The security of your information is of concern to us at Signals Matter. When you place orders on this site, your information is transmitted using Secure Sockets Layer (SSL) technology. Furthermore, we have implemented industry standard security mechanisms and procedures to protect data from loss, misuse, and unauthorized access, disclosure, alteration and destruction. While we are focused on the security of your information, no security is 100% effective and, as set forth in our Terms of Use, we cannot promise (and you should not expect), that your information will remain secure in all circumstances.
This Privacy Policy only applies to our Website and does not apply to information collected or received through other means. This Privacy Policy does not apply to services, websites or mobile apps offered by third parties, even if this site links to those services or third parties. This website is not directed to minors under the age of 18. You should not use this website if you are under the age of 18.
- THE INFORMATION WE GATHER
Information You Provide
Visitors may choose to interact with our website in ways that require the collection of personally- identifying information. The amount and type of information that we gather depends on the nature of the interaction. For example, we may collect information that you provide when you:
- Apply for a Subscription;
- Communicate with us, such as to provide feedback, request support, or ask for additional information;
- Comment on our Blog or other public or Subscriber-Only comment sections, register for any seminars or training, or request goods or services, including our Investment Primer;
- Use interactive or social networking features of our Website, including setting up a public profile, submitting content (such as comments, articles, links, or other items), or using a chat feature, whether current or planned; or
- Otherwise interact with or use our Website services.
Through these interactions we may collect or receive your name, address, and contact information such as phone number or email address. If you become a Subscriber, we will collect your payment details, such as payment card information.
Automatically Collected Information
Like most website operators, we collect information of the sort that web browsers and servers typically make available, such as your IP address, your browser type, information regarding your internet service provider or the type of device you used to access this website, language preference, pages visited, and the date and time of each page request. Additionally, if you navigated from or navigate to other websites from our website, we may collect the address of those websites.
Data Technologies
We may collect information about your activities on this site through the use of cookies, clear gifs or web beacons, local shared objects or Flash cookies, or through other identifiers or technologies, including similar technologies as they may evolve over time. A “cookie” is a small piece of information that is stored by your Internet browser software on your computer’s hard drive. Cookies are commonly used to facilitate secure website connections via a unique user name and password, so that you can purchase a Signals Matter Subscription and access Subscriber-Only Products that are in password protected areas of a site. They also may be used to facilitate automatic log-in (you can save your own user name and password so you don’t have to re-enter it each time you visit). Cookies are used to authenticate website users and keep track of the user session. They allow us to better analyze our site’s traffic patterns and to provide improved content, advertisements, products and services. They help us to refine and enhance the registration and subscription process and add personalization features to customize the site to your needs. Cookies also help identify information that we may need to better serve you should there be any problems with your use of this site. This kind of information may include the web browser you use, the type of computer, the operating system, the Internet service providers, and other similar information. This information is used for various personalization features. We may share this information with any current or future partners, suppliers, and other third parties so that they can better serve you too. We may sometimes display advertisements on this site from companies outside of our own. These ads may contain their own cookies. While we use cookies in other parts of our website, cookies received with electronic ads are collected by these other companies, and we do not have access to this information. Select customer data may be shared with the advertising companies. We refer to cookies in particular and other technologies in general, collectively as Data Technologies. Like most websites providing similar services, we use Data Technologies to help us identify and track visitors, their usage of our website, and their website access preferences.
We may allow third parties to use Data Technologies on our site. The information collected from these Data Technologies may be shared with and used by us, by others acting on our behalf, or by third parties. Information collected by Data Technologies may be used on this website or on other websites, services, or online applications, including websites that may not be operated by us. For example, and though not anticipated, we may partner with third party ad networks to either display advertising on our website or to manage our advertising on other sites. These ad- network partners use Data Technologies to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. These websites and third-party ad networks are not controlled by us.
You may be able to restrict our use of certain Data Technologies, such as cookies, by modifying your browser settings. For example, your web browser may enable you to refuse cookies. By restricting our use of Data Technologies, certain features of our Online Services may not function properly.
Information from Other Sources
We may obtain information about you from third parties. This information may include information about your use of our website, your use of other websites, your interests and preferences, and other information. For example, we may collect information about your browsing and usage history on this site. We may combine the information we obtain from third parties with information that we or our affiliates have collected about you.
- WHAT WE DO WITH INFORMATION
We and others acting on our behalf may use the information that we collect or receive about you to operate our business, including our website. For example, we may:
- Deliver, administer, and improve the services, products and features that we provide to you and others;
- Perform research and analysis aimed at improving our services and technologies, and for marketing, financial, operational or other purposes;
- Display content and advertising that are customized to your interests and preferences;
- Comply with applicable laws or our policies;
- Prevent fraud, theft, or injury to you, us, or others;
- Contact you, including through telephone, fax, text, or chat; and
- Communicate with you about our website, about services you’ve purchased, and additional products and services you may find of value.
- HOW WE SHARE INFORMATION
We may share with others the information that we collect or receive, including our employees, affiliates, contractors, service providers, and marketing partners (including analytics companies and advertising networks who provide Data Technologies on our website).
Other parties may collect personally identifiable information about your online activities over time and across different websites when you use our site or online services.
We may also use and share information, including with law enforcement or as required by law, in order to:
- Protect or defend our (and our affiliates’) interests, legal rights or property;
- Protect the rights, interests, safety and security of users of this and other websites and applications we make available;
- Protect the rights, interests, safety and security of members of the public;
- Combat fraud, theft, and or injury, or for risk management purposes; and
- Comply with prudent legal, data privacy, or data security practice as we may determine, or to comply with applicable law or legal process.
- HOW YOUR INFORMATION IS ACCESSED
If you are a registered Subscriber of our website, you can review and update certain information associated with your account by logging in. If you create a profile for use of the social networking features we provide, you may access and update certain information associated with that profile by logging in. In some cases, you may be able to edit content which you have posted by selecting the link to edit or modify that content; where available, this link will appear next to the editable content. Similarly, you may also remove content you post by choosing to delete rather than edit that content. Removing content in this manner will prevent other ordinary users of our website from seeing that content. However, these removal procedures do not ensure complete or comprehensive removal of the content or information posted on our website by you. You can contact us directly to assist in removing any comments or information you wish modified or removed.
- UPDATES
From time to time, we may change this Privacy Policy. We will post the revised version of our Privacy Policy here, so we suggest that you check here periodically for the most up-to-date version of our Privacy Policy. If we make changes to or update this Privacy Policy, we will revise the Effective Date at the top of this page.
- CONTACT US
If you have any questions regarding this Privacy Policy or any of the practices described in this Privacy Policy, you can contact us at: Info@SignalsMatter.com.
- IF THERE’S A PROBLEM
Any disputes regarding this Privacy Policy will be resolved by arbitration as set forth in section 12 of the Terms of Use.
SUBSCRIBER AGREEMENT
This Subscriber Agreement (“Agreement”) contains the terms and conditions that govern your access to, and use of, the SM Service (as defined below) and is an agreement between Signals Matter, LLC (“SM,” “we,” “us,” or “our)” and you (“you”). This Agreement takes effect when you become a paid Subscriber of www.signalsmatter.com (the “Site”) which includes any period of “free trial” usage, if any, of the Site from the date of such original subscription (the “Effective Date“).
You represent to us that you are lawfully able to enter into contracts (e.g., you are the age of 18 or older).
1. You may access and use the “SM Service”(s) (i.e. the Site and its various Subscriber-Only Products, as this term is defined in the Terms of Use) in accordance with this Agreement. You will adhere to all the terms and conditions applicable to your use of the SM Service, including the policies as defined in herein.
2. To access the SM Service, you must create a User Name and Password-protected access account associated with a valid e-mail address. You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, or a third party (including a spouse or other family member and/or “significant other”) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately (as per the contact portal on SignalsMatter.com or as otherwise provided in this or any other related legal instrument associated with your subscription with the Site) if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with the provisions herein and as per our Terms of Use.
3. We may change, discontinue, or alter any of the services (including the Site as a whole) or change or remove features or functionality of the SM Service from time to time. We will notify you of any material change to or discontinuation of the SM Service.
4. SM will charge the subscription fee and any other additional fees or charges you authorize to the credit card provided by you.
By authorizing SM to charge a credit card for the fees associated with your Subscription, you are authorizing SM to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs SM of the new replacement card account) for all fees or charges associated with your Subscription including any renewal fees as described below. Credit cards that are declined for any reason are subject to a thirty-dollar ($30.00) declination fee. SM may elect to interrupt your subscription if fees reach ten (14) days past due.
When you subscribe to the SM Service your subscription will be set to automatically renew upon its expiration. This means that unless you cancel the SM Service by providing written notice within the month you seek cancellation, your SM Service will automatically renew for the same term, be it monthly or annually, depending upon your subscription type— be it monthly or annual. Annual subscriptions, like monthly subscriptions, can be cancelled at any time; however, any annual subscription cancelled within the first 6 months of said subscription (including a renewed, annual subscription) will be subject to a minimum fee for six months; thereafter, the subscription automatically terminates.
At the time of renewal, we will charge your credit card, or invoice you, at the original fee/pricing that was in force at the time of your original subscription.
5. SM may, at any time, change the price of the SM Service or any part thereof, or institute new charges or fees. Regardless of such changes, you will never be charged more than the price you originally agreed to at the time of your initial subscription. If fees are ever reduced after your subscription, your fees wills be similarly reduced.
Charges for SM Services hereunder do not include any federal, state, local or foreign taxes, duties or levies of any nature (“Taxes”). Any Taxes required to be paid by SM as a result of the SM Services rendered hereunder (other than Taxes based on SM’s income) shall be billed to and paid by you.
6. You agree that if there are problems or questions regarding the SM Service that you will contact SM for assistance and not dispute any charges from SM unless you terminate for breach as provided in herein. You agree to inform SM of any credit card information changes, including expiration date. You represent and warrant that you are legally authorized to enter into this Agreement.
7. We may suspend your right to access or use any portion or all of the SM Service immediately upon notice to you if we determine:(a) your use of the SM Service: (i) poses a security risk to the SM Service or any third party, (ii) may adversely impact the SM Service or the comments or content of any other SM Subscriber or user, (iii) may subject us, our affiliates, or any third party to direct or indirect liability (e.g. breach of confidentiality or non- disparagement), or (iv) may be fraudulent; (b) you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 calendar days.
8. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with this Agreement.
9. As between you and us, we or our affiliates own and reserve all right, title, and interest in and to the SM Service. We grant you a limited, revocable, non-exclusive, non-sublicensable, non- transferrable license to do the following during the Term: (i) access and use the SM Services solely in accordance with this Agreement; and (ii) use the SM Content (i.e. any commentaries by you, us, or other Subscribers) solely in connection with your permitted use of the SM Services. You obtain no rights under this Agreement from us to any related intellectual property rights.
10. As set forth in the Terms of Use, you may not use the SM Service in any manner or for any purpose other than as expressly permitted by this Agreement. You may not, or may not attempt to: (a) modify, alter, tamper with, or otherwise create derivative works of any intellectual property included in the SM Service, (b) reverse engineer, disassemble, or decompile the SM Service, (c) access or use the SM Service in a way intended to avoid incurring fees,(d) resell or sublicense the SM Service, (e) copy the look-and-feel or functionality of the SM Service, including the Subscriber-Only Products, as this term is defined under the Terms of Use, or any other proprietary content or functionality on the Site; (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the SM Services for commercial purposes, or in a commercial manner; or (g) use our SM Service in any way that is not in compliance with all applicable laws, regulations and government authorizations, including but not limited to securities laws, export control, copyright, trademarks, secrecy, defamation, decency, and privacy related laws, regulations and authorizations. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any SM Service you have used.
11. You will defend, indemnify, and hold harmless us, our affiliates, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of, relating to, or concerning: (a) your use of the SM Service; (b) breach of this Agreement or violation of applicable law by you; (c) your commentaries, including any claim involving alleged infringement or misappropriation of third-party rights by your commentaries; or (d) a dispute between you and a third party. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
12. As set forth explicitly in our Performance and Use Disclosure, our Terms of Use instrument, and this Agreement, THE SM SERVICE IS PROVIDED “AS IS.” WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SM SERVICE OR ANY THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SM SERVICE OR ANY THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
13. DESPITE THE INDIVIDUAL FINRA CREDENTIALS AS CERTIFIED FINANCIAL ADVISORS HELD, OR PREVIOUSLY HELD, BY THOMAS LOTT AND MATTHEW PIEPPENBURG AS OF THE DATE OF THIS AGREEMENT, NEITHER THEY, INDIVIDUALLY, SM NOR ITS SITE INCLUDING, BUT NOT LIMTED TO THE MARKET SCHOOL SITE, NOR ANY OF ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, OR SUBCONTRACTORS ARE ACTING IN SUCH CAPACITIES AS LICENSED FINANCIAL ADVISORS, REGISTERED INVESTMENT ADVISORS, OR REGISTERED BROKER-DEALERS TO OR FOR ANY VISITORS OR SUBSCRIBERS TO OUR SITE OR THE SM SERVICES. SM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SM SERVICE. NO INFORMATION PROVIDED BY SM, INCLUDING BUT NOT LIMITED TO THOMAS LOTT OR MATTHEW PIEPENBURG, IS INTENDED AS SECURITIES BROKERAGE, INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO SELL OR BUY, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY OR FUND OR AS ADVICE CUSTOM TAILORED TO YOUR OR ANY SUBSCRIBER’S PARTICULAR SITUATION. ANY URL LINKS OR COMPANY NAMES OR TICKER SYMBOLS ARE OFFERED AS A MATTER OF CONVENIENCE AND NOTHING CONTAINED IN THIS AGREEMENT OR IN THE SM SERVICE CONSTITUTES A SOLICITATION, RECOMMENDATION, PROMOTION, ENDORSEMENT, OR OFFER BY SM OF ANY PARTICULAR SECURITY, TRANSACTION, OR INVESTMENT. SM, INCLUDING BUT NOT LIMITED TO THOMAS LOTT, MATTHEW PIEPENBURG OR ANY OF THEIR AFFILIATES (INCLUDING FAMILY MEMBERS) MAY HAVE POSITIONS IN THE SECURITIES MENTIONED AND MAY ENTER AND EXIT SUCH POSITIONS AT ANY TIME AND FOR ANY REASON.
THE RISK OF LOSS IN TRADING SECURITIES CAN BE SUBSTANTIAL AND ARE NOT SUITABLE FOR ALL INVESTORS. YOU MUST CONSIDER ALL RELEVANT RISK FACTORS, INCLUDING YOUR OWN PERSONAL FINANCIAL SITUATION, BEFORE TRADING. YOU ASSUME THE RISK OF ANY AND ALL FINANCIAL INVESTMENTS YOU MAKE. SM IS NOT RESPONSIBLE FOR ANY FINANCIAL INVESTMENTS YOU MAKE.
RESULTS OF INVESTING VARY AND PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS.
14. WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF INVESTMENTS, PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SM SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SM SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SM SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SM SERVICE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SM SERVICE; OR (C) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SM SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRECEDING THE CLAIM.
15. You may use SM “Confidential Information” (i.e. information arising from Subscriber-Only Products within the SM Services) only in connection with your use of the SM Service as permitted under this Agreement. You will not disclose SM Confidential Information during the term of your SM Services use to any third parties.
16. (Non-California Residents). The parties agree that during the term of this Agreement and for a period of twenty-four (24) months immediately following expiration or termination for any reason, whether with or without cause, each shall not: (i) make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other or, as to SM, its respective employees, officers, directors, managers, members and affiliates or with respect to you (ii) publish or attempt to publish any narrative, fictional or otherwise, concerning or based, in whole or in part, on SM, without SM’s prior written consent or without leave of court. Each party acknowledges and agrees that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), SM Site users, clients or potential clients.
The parties agree that during the term of this Agreement and for a period of twenty-four (24) months immediately following expiration or termination for any reason, whether with or without cause, each shall be held accountable and liable under applicable law if they cause to (i) make libelous, slanderous, defaming, statements, written or verbal, or cause or encourage others to make any false, misleading or otherwise non-protected, statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other or, as to SM, its respective employees, officers, directors, managers, members and affiliates or with respect to you (ii) publish or attempt to publish any narrative, fictional or otherwise, concerning or based, in whole or in part, on SM, without SM’s prior written consent or without leave of court. Each party acknowledges and agrees that this extends to any false, misleading or otherwise non-protected, statements, written or verbal, that defame, or disparage anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), SM Site users, clients or potential clients.
17. You will not: (a) issue any written statements or communicate, directly or indirectly, in any mode or fashion, with any person, entity, organization, or agency regarding or concerning, including, without limitation, the use of anonymous email or other communications through a third party, with respect to this Agreement or your use of the SM Service including, but not limited to our proprietary methodology that underscores the SM Service. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, or endorse or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement; (b) publish or attempt to publish on any website or to any third party any narrative, fictional or otherwise, concerning or based, in whole or in part, the SM Service or this Agreement without SM’s prior written consent or without leave of court; or (c) interfere with SM’s (including its officers, managers, employees, and affiliates) personal or business relationships concerning the SM Service or this Agreement.
18. The Parties understand and agree that Paragraphs 16- 17 are material provisions of this Agreement and that any breach of said Paragraphs shall be a material breach of this Agreement, and that SM would be irreparably harmed by any violation and that it would have no adequate remedy at law for such a violation. As such, you therefore consent to immediate injunctive relief by a court of competent jurisdiction as a remedy for any violation of these terms of the Agreement. You further acknowledge that any actions taken not in compliance with said Paragraphs are considered as purposefully directed at SM and that any actions for alleged injuries arise out or relate to activities in connection with violations of those Paragraphs.
19. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
20. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
21. Notices:
(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the SM Site; or (ii) sending a message to the email address then associated with your subscription. Notices we provide by posting on the SM Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact SM as follows: (i) by facsimile transmission to the number provided on the Site; or by ii) emailing info@SignalsMatter.com or (iii) by personal delivery, overnight courier or registered or certified mail to Signals Matter, LLC, at the mailing address provided on the Site.
22. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Paragraph will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
23. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
24 .If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
25 .The laws of the State of Delaware, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Except as otherwise provided in this Agreement, any controversy between the parties arising out of this Agreement shall be submitted to the American Arbitration Association for arbitration in Delaware. The costs of the arbitration, including any American Arbitration Association administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The rules for civil procedures in Delaware shall apply. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party’s intellectual property or other proprietary rights.
26. EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT (WHICH IS CONSIDERED EXECUTED BY BOTH PARTIES ONCE YOU HAVE HIT THE SUBSCRUBER APPLICATION BUTTON ON THE SITE), SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.
PERFORMANCE AND SERVICES DISCLOSURE
NONE OF SIGNALS MATTER LLC., ITS OWNERS (EXPRESSLY INCLUDING BUT NOT LIMITED TO THOMAS LOTT AND MATTHEW PIEPENBURG), OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS (ALL COLLECTIVELY HEREINAFTER REFERRED TO AS “SIGNALS MATTER”) ARE ACTING AS FINANCIAL ADVISERS FOR SUBSCRIBERS OF, OR VISITORS TO, SIGNALS MATTER’S WEBSITE AND NOTHING CONTAINED THEREIN/HEREIN IS INTENDED TO BE OR SHOULD BE CONSTRUED AS FINANCIAL ADVICE.
SIGNALS MATTER IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR OR CUSTODIAN, PRIME BROKER OR TRUSTEE OF AND OVER THE INDIVIDUAL ASSETS AND/OR PORTFOLIO OF ANY VISITOR OR SUBSCRIBER TO THIS SITE.
SIGNALSMATTER.COM EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.
NONE OF THE INFORMATION PROVIDED IN THE WEBSITE IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND.
THE INFORMATION ON THE WEBSITE SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING SECURITIES OR OTHER INVESTMENTS. YOU HEREBY UNDERSTAND AND AGREE THAT SIGNALS MATTER DOES NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND THAT YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL ROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED HEREIN.
THIS WEBSITE AND SERVICES OR PODUCTS RELATED THERETO IS NOT INTENDED AS A PROMOTION OF ANY PARTICULAR PRODUCTS OR INVESTMENTS AND NEITHER SIGNALS MATTER NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, IN ANY WAY RECOMMENDS OR ENDORSES ANY COMPANY, PRODUCT, INVESTMENT OR OPPORTUNITY WHICH MAY BE DISCUSSED HEREIN.
THE EDUCATION AND INFORMATION PRESENTED HEREINEN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL.
YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR. YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SIGNALS MATTER LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. SIGNALS MATTER (AND BY THAT TERM, SIGNALS MATTER, LLC IS A PART) DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. SIGNALS MATTER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED HEREIN. ALTHOUGH NEITHER ANTICIPATED NOR CURRENTLY THE CASE, SIGNALS MATTER MAY DERIVE FEES OR OTHER COMPENSATION AS A RESULT OF PURCHASES FROM SERVICE PROVIDERS OR VENDORS IN FUTURO REFERENCED IN THIS MATERIAL.
SIGNALS MATTER WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SIGNALS MATTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SIGNALS MATTER TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SIGNALS MATTER FOR THE INFORMATION, PRODUCT OR SERVICE OUT OF WHICH SAID LIABILITY AROSE.
UNDER NO CIRCUMSTANCES WILL SIGNALS MATTER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED HEREIN.
PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. THOMAS LOTT AND MATTHEW PIEPENBURG, AS SPOKESPERSONS OF SIGNALS MATTER, COMMUNICATE CONTENT AND EDITORIALS ON THIS SITE. STATEMENTS REGARDING THEIR, OR OTHER CONTRIBUTORS’ “COMMITMENT” TO SHARE THEIR PERSONAL INVESTING STRATEGIES SHOULD NOT BE CONSTRUED AS, OR INTERPRETED, TO REQUIRE THE DISCLOSURE OF INVESTMENTS AND STRATEGIES THAT ARE PERSONAL TO THEM OR IMMATERIAL TO THE SCOPE AND NATURE OF THE SIGNALS MATTER EDUCATIONAL PHILOSOPHY.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT’S POTENTIAL. EVEN THOUGH THE FINANCIAL MARKETS AND INDUSTRY IS ONE OF THE FEW IN WHICH INDIVIDUALS CAN TAKE PERSONAL INITIATIVE OVER THEIR OWN FINANCIAL ASPIRATIONS IN TERMS OF EARNINGS ON SECURITIES TRADING, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING ANY INVESTMENT OPINION, IDEA OR TECHNIQUE. WE DO NOT PURPORT THIS AS A “GET RICH SOLUTION.” ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS ANYWHERE MENTIONED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE OPINIONS, IDEAS AND TECHNIQUES MENTIONED, AS WELL AS THE VIEWS, HABBITS OR IDEAS SPECIFIC TO YOUR OWN DECISIONS AND EXPERIENCE AS TO POSITION SIZING YOUR TRADES, MANAGING RISK, USE OR MISUSE OF LEVERAGE OR TIMING CONSIDERATIONS, AS WELL AS YOUR OWN COMMITMENT TO THE TIME REQUIRMENTS AND SIGNAL ADHERENCE OVER THE LONG TERM, AS OPPOSED TO “CHERRY PICKING” INDIVIDUAL SIGNALS WHICH MAY HAVE OUTSIZED LOSSES OR GAINS AT ANY PARTICULAR TIME. YOUR PERSONAL FINANCES, KNOWLEDGE AND VARIOUS SKILLS ARE KEY COMPONENTS TO ANY INVESTING RESULTS. SINCE THESE FACTORS DIFFER ACCORDING TO AND AMONG ALL INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL-FORWARD LOOKING STATEMENTS HERE OR WITHIN ANY OF OUR MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL AND THUS NOT AS GUARANTEES OR PROMISES OF FUTURE RESULTS. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR DEAS AND TECHNIQUES IN OUR MATERIAL.
CONDUCT STANDARDS
Last revised: October 11, 2017
Our Conduct Standards policy applies to your access and use of this website or any related materials (collectively, and as set forth in the Terms of Use, the “Site and Materials”). Without limitation, these Conduct Standards apply to your use of bulletin boards, message boards, newsgroups, chat rooms, commentary sections and other interactive or social media features of the Site and Materials. References to “Company,” “we” or “us” below are references to Signals Matter, LLC and its owners, subsidiaries, affiliates, and joint business ventures, and their respective officers, directors, employees, agents, and representatives.
In accessing or using the Site and Materials, you may not:
- Restrict or inhibit any other Subscriber or visitor from using the Site and Materials, including, without limitation, by means of “hacking” or defacing any portion of the website;
- Use the Sites and Materials for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior express written consent;
- Share, disseminate, or distribute any content, products, services, or materials available through your paid subscription or service to any third parties;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site and Materials; “Frame” or “mirror” any part of the Site and Materials without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents;
- Harvest or collect information about visitors or Subscribers to the Site and Materials without their express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Site and Materials;
- Infringe any party’s intellectual property rights;
- Threaten any of our users in any way;
- Incite hatred or promote materials that violate our users’ civil rights;
- Include or use profanity, vulgarity, obscenity or pornography;
- Publish any other user’s personally identifiable information (g. credit or debit card numbers, social security numbers, driver’s license);
- Impersonate any other user or person in a manner intended to mislead or confuse other users or engage in inappropriate, unethical or misleading behavior;
- Engage or promote illegal activities;
- Send spam or transmit any malware or viruses or other harmful computer code, files or programs; and
- Solicit or advertise on the websites or add abusive or non-related linking to your own site;
In order to access some of the services of the website, you may have to create an account. By creating this account you agree to:
- Maintain only a single account;
- Provide accurate and complete information;
- Never share your account user name or password or knowingly provide or authorize access to your account (including without limitation any subscription, products, services, or materials made available by the Company);
- Never use another user’s account without permission;
- Be solely responsible for the activity that occurs on your account, and keep your account password secure; and Notify us immediately of any breach of security or unauthorized use of your account.
The Company may allow free speech, debate, and sharing among our users. However, the Company is opposed to language and acts that do not further the mission of the website and our community, including personal attacks on other users.
The Company may, in its sole discretion, grant particular users the authority to moderate any and all User Ideas, as this term is defined within our Terms of Use. Due to the volume of content, we may not review moderation of all the decisions with users. In addition, individual moderators may adopt their own guidelines for chat rooms that they moderate, if and when such chat rooms become a part of the website. Users are encouraged to follow these moderator guidelines, but at all times these Conduct Standards and the Company’s policies regarding Privacy, as per the Company’s Privacy standards (to which consent is required as part of any subscription) supersede such moderator guidelines to the extent that such guidelines are inconsistent with these Terms or the Company’s Privacy guidelines and objectives.
You may not circumvent any measures we may put in place to protect the privacy or confidentiality of your Subscription or information, or the account or information of ourselves, our affiliates, or other users, including encryption measures or the se of multi-factor authentication.