Terms & Conditions of Use
Last Updated: November 1, 2016
These Subscriber Terms and Conditions of Use (these “Terms”) govern the use by subscribers (“you” or “your”) to our Services (as defined below) provided by GGC, LLC d/b/a RiskHedge (“we”, “our”, “us”, or “RiskHedge”) and made available on www.riskhedge.com (the “Site”).
- Acceptance of Terms; Modification of Terms
- Right to Use Services
- Important Disclaimers Related to our Services
- Our Proprietary Rights
- Termination of Your Subscription
- Additional Terms Applicable to User Contributed Content
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law
- Legal Notices
1. Acceptance of Terms; Modification of Terms
We may revise these Terms from time to time. If we change these Terms, a link to the revised version will be posted on the Sites and the effective date will be noted at the bottom of the Terms. You should review the Terms periodically for changes.
Your use of the Services after such changes to the Terms signifies your acceptance of the revised Terms.
2. Right to Use Services
Parts of the Sites may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER ONLY. “Named User” means the identity of the person that is provided to us as the subscriber to any of the Sites.
3. Important Disclaimers Related to our Services
a. Accuracy of Information Cannot Be Guaranteed
Our Services include investment and market information made available through articles and interviews posted to our site, and through publications such as This Week in Risk. Although this material is based upon information that we consider reliable and current, we have not verified this information and do not represent that this material is accurate, current, or complete, and it should not be relied upon as such. The opinions expressed in such publications are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it.
b. Compensation for Endorsing Products or Services in Publications, “Affiliate” Relationships
We regularly review or endorse products or services sold by other companies. In most cases, we have established a financial relationship with those companies and are given a commission or reimbursement on sales we generate. Company policies are in effect that attempt to avoid changes to the price or quality of goods and services provided as a result of these relationships. While we value our subscribers’ trust and endeavor to only endorse products and services we believe in, you are responsible for performing your own due diligence and evaluating whether such products or services are right for you.
c. Ownership of Securities Described in Our Publications
Olivier Garret and David Galland, GGC, LLC, and other entities in which they have an interest, and employees, managers, members, officers, family, and associates of the foregoing, may from time to time have positions in the securities or commodities described in the material published as part of our Services. Corporate policies are in effect that attempt to avoid potential conflicts of interest, and we endeavor to resolve conflicts of interest that do arise in a timely fashion.
d. Content Not to be Construed as Personal Investment Advice
The material published as part of the Services has been prepared for informational purposes only without regard to your individual investment objectives, financial situation, or means. Information published as part of the Services is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. The material is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation, or trading strategy would be illegal.
e. No Determination of Suitability Made; Not All Risks Disclosed; Private Advisors Recommended
The fact that we have made information available to you through the Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment described in the Services is suitable or appropriate for you. Many of the investments described by our Services involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You are advised to discuss with your financial advisers your investment options and whether any investment is suitable for your specific needs prior to making any investments.
f. Access to Sites Not Guaranteed
We will not be liable if, for any reason, all or any part of any Site is unavailable at any time or for any period or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such outages.
4. Our Proprietary Rights
The Services and the content distributed through the Services, including all copyright, trademark, and other intellectual property and proprietary rights therein, is the property of RiskHedge. You acknowledge and agree that you do not acquire any ownership rights by using the Services. We grant you limited personal use license to access, display, download, and print portions of this website content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training, or reference materials.
5. Termination of Your Subscription
We hope that you will be fully satisfied with our Services. The following terms apply in the event that you would like to terminate your subscription to our Services:
a. Free Service Publications
You may terminate receipt of any of our Free Service publications at any time by sending us a request to remove yourself from the relevant distribution list. Every email notification you receive will include a link for you to remove yourself from the distribution list. If you feel you have been signed up incorrectly and do not wish to have access to the Free Service publications, you can remove yourself from the list by clicking that link or sending an email request to firstname.lastname@example.org.
b. Our Right to Terminate Your Subscription.
We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion. Termination of your subscription to any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our intellectual property or other proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.
6. Additional Terms Applicable to User Contributed Content
Our Services may include comments, articles, and other content, which have been contributed by you or other third parties (“User Contributed Content”). You agree to be personally responsible for any User Contributed Content you submit to us and you agree to comply with the following additional terms applicable to User Contributed Content.
Your submission of User Contributed Content constitutes your acceptance, without modification, of these Terms. If you do not agree with these Terms, you should not submit User Contributed Content.
By posting or submitting content to us, including User Contributed Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, use, copy, display, distribute and otherwise disclose to third parties such User Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such User Contributed Content into other works in any form, medium, or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your User Contributed Content.
When you submit any User Contributed Content to us, you agree to the following:
- You agree to be personally responsible for your User Contributed Content and to communicate your comments and opinions in a lawful and respectful manner;
- You agree that any User Contributed Content submitted by you does not defame any person or violate or infringe the intellectual property rights of any person including, without limitation, trade secrets, confidential information, copyrights, trademarks, patents, rights of publicity, or any other proprietary rights;
- You agree that any User Contributed Content submitted by you will be considered non-confidential and non-proprietary;
- You agree not to submit any User Contributed Content which contains advertising, promotional materials, or any solicitation of products or services without our prior written consent;
- You agree to submit User Contributed Content that is related to the subject matter of the Site and that complies with applicable law;
- You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to submit any User Contributed Content that violates any local, state, national, or international law, including but not limited to regulations of the US Securities and Exchange Commission or other securities laws, any rules of any securities exchange, including without limitation, the New York Stock Exchange or The Nasdaq Stock Market or to engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to submit User Contributed Content which is abusive or harassing to any other person;
- You agree not to submit any User Contributed Content which contains nudity, language, or other material that may be considered “adult”, obscene, indecent, objectionable, or offensive;
- You agree not to harvest, collect, or store personally identifying information about other users of the Site or to otherwise invade anyone’s privacy or disclose another person’s personally identifiable information in your User Contributed Content;
- You agree not to upload, post, email, otherwise transmit, or post links to any User Contributed Content that contains software viruses, worms, Trojan horses, time bombs, trap doors, or any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site or any third party software, site, equipment, or service;
- You agree not to engage in any activity which may compromise the stability or availability of the Site or use the Site to compromise the availability or stability of any third party site or service;
- You agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site;
- You agree not to circumvent any security measures or any payment collections methods employed on the Site or access the Site or submit User Contributed Content after your account, access, or contributing privileges have been terminated by us; and
- You represent and warrant that you own or control all rights in and to the User Contributed Content and have the right to grant the license granted above to use and our licensees, successors and assigns and that all of your User Contributed Content does and will comply with these Terms.
If you are aware of or experience any circumstances that appear to be a violation of these Terms, please inform us by contacting us via email at email@example.com.
d. Disclosure of Conflicts of Interest
When you submit any User Contributed Content to us, you also agree to abide by the following disclosure rules:
- You agree to disclose any conflict of interest, ownership interest, business, employment, or other financial relationship you have with any company or stocks named in any User Contributed Content you submit including, without limitation, the existence at the time of writing of a long or short position (including stocks, options, or other instruments).
- You agree not to submit User Contributed Content with the intent to increase or decrease a stock’s price and sell or purchase the stock as a result of such increase or decrease.
- You agree to disclose any intent to purchase or sell a stock within three trading days of submitting User Contributed Content that discusses that stock.
e. Responsibility for User Contributed Content
Comments and views expressed on User Contributed Content are those of the contributors only and do not necessarily represent our views. We do not endorse and specifically disclaim all responsibility and liability for any User Contributed Content. We have no obligation to pre-screen or monitor User Contributed Content; however, we reserve the right to monitor, delete, move, or edit User Contributed Content, in whole or in part, in our sole discretion at any time without notice to you. We also reserve the right to terminate your access to or ability to submit User Contributed Content at any time, without notice, for any reason whatsoever.
f. Copyright Infringement Notices
We respect the intellectual property rights of others and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please send a written notice to us at the email or mailing address below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may submit a notice electronically by emailing us at firstname.lastname@example.org or in writing to:
PO Box 1423
Stowe, VT 05672
7. Disclaimer of Warranties
The Services and any content distributed through the Services are provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates, and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice, or statement made in our Services or otherwise shall create any warranty.
Neither we nor our officers, managers, members, employees, affiliates, and agents will have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure to maintain your access to the Services, or for any interruption or disruption of such access. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the Services.
Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties, or any other cause beyond our control.
8. Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, CONSULTANTS, CONTRACTORS, OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT AND SEEK A REFUND PER THE TERMS DESCRIBED IN SECTION 5. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend, and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Services; (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Services in any manner not authorized by us; or (d) any User Contributed Content submitted by you.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of law. You and we irrevocably consent to the sole and exclusive jurisdiction of the state courts located in Wilmington, Delaware or the US District Court for the District of Delaware in connection with any action, suit, or other proceeding arising out of or related to these Terms or your use of the Services. You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
These Terms represent the entire agreement between you and us relating to your use of the Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.
12. Legal Notices.
You may contact us by sending an email to email@example.com or by writing to RiskHedge, PO Box 1423, Stowe, VT 05672.