Date of Last Revision: December 9, 2019
2. Changes to the TOU
We reserve the right at any time to:
- Change the terms and conditions of the TOU ;
- Change the Site, including eliminating or discontinuing any content or feature of the Site; or
- Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
Access to the Content Provider content is subject to termination in the event that any agreement between Trefis and the provider terminates for any reason.
3. Registration Data; Account Security
By using the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) agree to receive e-mails from Trefis from which you may opt out (unsubscribe) at any time using the links provided within the e-mails or by modifying your Account information through the Account Info link on the Site.
4. Important Securities Disclaimer
You understand that no content published on the Site from either Trefis or any of it Content Providers constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that neither Trefis nor any of the Content Providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks as to which content is published on the Site may have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Postings or content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the Content Providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to articles and opinions published by others. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
5. No Investment Recommendations or Professional Advice
The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Trefis, its Content Providers, or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation
You specifically acknowledge that Trefis and the Content Providers will in no way be held liable for losses or gains arising out of use of the content or user provided content (“User Content”) of any type on the Site. You acknowledge that your investment decisions/recommendations are made entirely at your election and that Trefis content or Content Provider content or User Content is solely one additional source of information in assisting you make those determinations. You similarly acknowledge that you will not hold any other Trefis User liable for losses or gains arising out of Content or User Content of any type on the Site.
6. Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all copyrights, are the property of Trefis, its licensors and the Content Providers. You may access and use the content, and download and/or print out copies of any content from the Site, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Site.
The Site contains links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from Trefis, please contact Trefis to obtain written consent. Trefis™ is a trademark and/or service mark of Trefis or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
7. User Conduct
You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
Specifically, you will not submit information that would be a violation of your employer’s company policies, nor will you submit information that violates any confidentiality agreements, insider trading regulations, or SEC regulations.
In addition, in connection with your use of the Site, you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site for any unlawful or unauthorized purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- “Frame” or “mirror” any part of the Site 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,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express consent.
- Distribute or otherwise furnish the Trefis content or Content Provider Content to any person (other that a team member as defined in Paragraph 6 above) or firm without prior written approval Trefis and the Content Provider;
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
8. Overview of Posting Comments
Our content is intended to serve as a discussion center for thoughtful users who make their own investment decisions, with or without the help of a broker. They are not the place for stock touters, cheerleaders or hypesters. We strongly encourage all participants to disclose any positions they have in stocks being discussed (e.g., long, short, no position).
We also respectfully ask that you not engage in:
- Stock touting.
- Personal attacks against an author or another user.
- Profanity or vulgarity.
- Business solicitations or advertising.
- Inappropriate, unethical or misleading behavior.
Trefis editors, at their discretion, may remove comments that violate these standards. These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we will not monitor the veracity of names and positions or the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information. In addition, please be advised that even if a user who posts a comment may, if the user so registers, be publicly identifiable only by the alias he or she chose during registration, Trefis records will contain the actual identity of the author of any comment posted to the Site.
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us at firstname.lastname@example.org. We will review all of the information that you communicate to us, but we may not be able to take action or respond directly to each e-mail.
9. Online Rules of Conduct
By posting a comment or other content, modifying forecasts or engaging in any other form of communication (individually or collectively “Communications”) on the Site, You agree to:
- Warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise use any such Communications for your intended purpose.
- Post Communications in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
- Automatically grant – yourself or because you have the unrestricted right from the actual owner – Trefis a royalty-free, perpetual, non-exclusive and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Communications you post (in whole or in part) worldwide and/or to incorporate any one of those Communications in other works now or in the future, with or without attribution of such content directly to you.
- Maintain and promptly update your registration data to keep it true, accurate, current and complete.
You agree not to:
- Post any Communication that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any Communication you post.
- Post any Communication that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
- Post any Communication that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
- Impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
- Post any Communication which, either the act of posting or the Communication itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
- Post any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
- Post any non-public or otherwise restricted, confidential or proprietary information without authorization.
- Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market.
10. Deleting Content
While we believe that the Site can and should be a positive environment for the exchange of information, you understand that the Site is open for posting Communications to all users. Some individuals may post Communications that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.
12. Responsibility for posts
Each individual who posts a Communication is solely responsible for her or his own acts, including the content, context or information in the Communication he or she posts. This means that each individual, and not Insight Guru, is entirely responsible for anything and everything she or he posts. Trefis does not and does not intend to pre-screen any Communications posted on its Site and Trefis cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site.
13. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INSIGHT GURU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTENT PROVIDERS, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, 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 OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
INSIGHT GURU AND ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF INSIGHT GURU OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
14. Limitation of Liability
NEITHER TREFIS NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH INSIGHT GURU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TREFIS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party.
You understand and agree that Trefis may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
17. Copyright Policy
Trefis respects the intellectual property of others, and we ask our users to do the same. Trefis may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- 17.1: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 17.2: a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- 17.3: a description of where the material that you claim is infringing is located on the site, including the URL;
- 17.4: your address, telephone number, and email address;
- 17.5: a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 17.6: a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Insight Guru’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
- By mail: Insight Guru (Trefis)
c/o Gene T. Barton, Jr.
Attorney at Law
Pepper Hamilton LLP
125 High Street
Boston, MA 02110-2736, USA
- By email: email@example.com
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU together with all Trefis policies referred to herein, constitutes the entire agreement between you and Trefis relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and Trefis are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws. You and Trefis agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Suffolk County, Boston, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. 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 the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.