Terms of Use

BY CONTINUING TO USE THIS WEB SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, SMATERANALYST.COM IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE WEB SITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE.

1. DEFINITIONS
a. “Agreement” or “Terms of Use” shall mean the TOU.
b. “Services” shall mean all content, information, news, data or links, however provided, by SmarterAnalyst.com.
c. “Software” shall mean all code, products or programs used in connection with the provision Services.
d. “We” or “SmarterAnalyst.com” refers to SmarterAnalyst.com and its affiliates, licensors, and service providers.
e. “Website” shall mean SmarterAnalyst.com.
f. “You” or “your” refers to all viewers and users of any of the Services.

2. NO INVESTMENT ADVISE
SmaterAnalyst.com’s staff does NOT provide any individual investment advice or money management assistance. SmaterAnalyst.com’s employees are not brokers, dealers or registered investment advisors and do not attempt to influence the sale or purchase of securities. Nor does SmaterAnalyst.com respond to any email requests for guidance with regard to securities.
SmaterAnalyst.com’s news is intended for informational purposes only and does not claim to be actionable for investment decisions.

3. USER AGREEMENTS AND SERVICE LIMITATIONS
You agree as follows:
a. Personal Use: You agree to use the content on SmarterAnalyst.com for Personal Use Only and provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or Software. You agree not to modify the Services or Software in any manner or form, nor to use modified versions of the Services or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by SmarterAnalyst.com for use in accessing the Services.
b. NO SCANNING. You will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained our Site or Services, or use network-monitoring software to determine architecture of or extract usage data from our Site or Services
c. No Resale. You agree not to resell, reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any content or data acquired from SmarterAnalyst.com’s services
d. Reuse limitation. You will not use content from SmarterAnalyst.com in any prospectus, offering memorandum or other disclosure attributable to any issuer of securities.
e. Property. The Services and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SmarterAnalyst.com, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content, or the Software, in whole or in part.

4. CONTENT AND DISCLAIMER OF WARRANTIES
a. THESE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW.
b. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY ,OR OTHERWISE HEREBY DISCLAIM: (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THE SERVICES OR ANY PART THEREOF; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES OR THEIR AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE SERVICES OR ANY INFORMATION PUBLISHED ON THE SERVICES, AND (E) WARRANTIES RELATING TO WEBSITES WHICH THE SERVICES ARE LINKED.

5. LINKS
The Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that SmarterAnalyst.com is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

6. COOKIES AND WEB BEACONS
We use cookies to store information about your preferences, record user-specific information on which pages a user accesses or visits, customize Web page content based on visitors browser type or other information that the visitor sends via their browser.

7. INDEMNITY
You agree to indemnify and hold SmarterAnalyst.com and its subsidiaries, affiliates, officers, agents, employees, managers, members, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of SmarterAnalyst.com, your connection to SmarterAnalyst.com, your violation of the TOU, or your violation of the rights of any third party.

8. LIMITATION OF LIABILITY
a. THE INFORMATION AND DATA APPEARING ON THIS WEB SITE AND THROUGH THE INFORMATION PROVIDERS IS OBTAINED FROM SOURCES CONSIDERED RELIABLE BY SMATERANALYST.COM THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND DATA CANNOT BE GUARANTEED. NONE OF THE INFORMATION OR DATA APPEARING ON THIS WEB SITE OR THROUGH INFORMATION PROVIDERS IS INTENDED BY SMATERANALYST.COM TO BE AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION TO PURCHASE, SELL OR HOLD ANY SECURITIES. SMATERANALYST.COM BELIEVES ITS DATA AND TEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTERANALYST.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA, SOFTWARE OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTERANALYST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH ANY SERVICES; (iv) LOSS OF DATA OR SOFTWARE, OR (v) ANY OTHER MATTER RELATING TO ANY SMARTERANALYST.COM WEBSITE, MOBILE APPLICATION, OR THE SERVICES. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID TO US IN THE PREVIOUS 2 MONTHS. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.

9. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
SmarterAnalyst.com respects the intellectual property of others, and we ask all viewers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact SmarterAnalyst.com as soon as possible on https://www.smarteranalyst.com/contact/

10. TITLES
The section titles in the agreement are for convenience only and have no legal or contractual effect.

11. GOVERNING LAW
This agreement and the relationship between user and SmarterAnalyst.com shall be governed by the laws of the UK, without regard to its conflict of law provisions. If any provision of this TOU is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

12. UPDATES TO TERMS OF USE
SmaterAnalyst.com may modify this Agreement from time to time in its sole discretion and your continued use of the Web Site shall constitute acceptance of such modifications.

13. FORCE MAJEURE
SmarterAnalyst.com shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, server unavailability, failure of any technology hardware or software algorithm or instruction set, or failure of electricity/telephone/internet service.

14. ENTIRE AGREEMENT
This agreement (together with the Privacy Policy) constitutes the entire agreement between user and SmarterAnalyst.com and governs the Services and our relationship with you. This agreement supersedes any prior agreements between user and SmarterAnalyst.com.