Terms and Conditions
The following are the terms and conditions (these "Terms and Conditions") for access to and use of the BottomUpEconomist.com website (the “Site”) and the Bottom-Up Economist Report, research reports, and other publications and all other information, documents, data, judgments and opinions expressed on the Site (collectively the "Content"). The Site and Content are made available to you and the Site and Content are owned, operated, and provided to you by BUE Research, LLC ("BUE," "we" and "us").
By subscribing or registering for a free trial at www.thebottomupeconomist.com and accepting these Terms and Conditions, you agree to be bound by these Terms and Conditions, including the policies, practices, rules, standards and guidelines provided in writing (“Policies”) related to the Site and/or the Content (collectively, the "Agreement").
Any references to "you", "your", and “Subscriber” refers to the person or entity subscribing to the Content hereunder. Each party agrees that any of its representatives, employees, or any person or entity acting on its behalf with respect to the provision of or use of the Site or the Content, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.
By accepting these Terms and Conditions, Subscriber; (a) agrees to provide true, accurate, current and complete information in all material respects; and (b) agrees to maintain and update this information to keep it true, accurate, current and complete in all material respects. If any information provided by Subscriber is untrue, inaccurate, not current or incomplete in any material respect, BUE has the right to terminate Subscriber’s account and refuse any and all current or future use of the Site and Content.
1. Right to Use. Subscribing or registering for a free trial to thebottomupeconomist.com hereby grants you a non-exclusive license to use the Site and the Content in accordance with the terms of the Agreement. Subscriber may not: (a) modify, translate, or create derivative works based on the Site or the Content, or permit other individuals to do so; (b) rent, lease, transfer or otherwise transfer rights to the Site or Content; (c) use a single User Credential for multiple users or entities, unless specifically authorized by BUE in writing; or (d) provide third parties with access to your account. All of the Content on our Site is protected by United States and international copyright laws and is the property of BUE. Any reproduction, republication, transmission, dissemination, display or editing of the Content by any means, mechanical or electronic, without the prior written permission of BUE is strictly prohibited. You do not acquire ownership rights of any kind whatsoever by virtue of your downloading the Content from the Site. You agree that you will not remove any copyright, trademark or other notices or legends contained on our Site relating to intellectual property, or otherwise.
2. Representations and Warranties. Subscriber hereto represents and warrants to BUE (a) that it has sufficient authority to enter into the Agreement; (b) that it will perform its rights, duties and obligations under the Agreement and at all times be in compliance with all applicable federal, state and local laws, rules and regulations; (c) that it shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing its obligations under the Agreement; (d) that it shall comply with all of the terms and conditions of the Agreement; and (e) that all information provided by Subscriber to BUE is truthful, accurate, and complete, and is not misleading in any material respect.
3. No Investment Advice. You acknowledge that the Content available on the Site is for informational purposes only and should not be construed as investment advice or a recommendation that you, or anyone you advise, should sell or buy any security or other investment, or undertake any investment strategy, discussed or evaluated on the Site. Moreover, if an investment firm or financial services firm is described or mentioned in our Site's Content, you acknowledge that such description or mention does not constitute a recommendation by BUE that you engage or otherwise use such firm. While the Content available on the Site comprises information, research and data about particular securities and other investments, you shall not construe such Content as constituting representations on our part that any security, other investment or investment strategy is suitable for you, or for anyone you advise. In this regard, you acknowledge that not all securities, other investments or investment strategies are suitable for all investors. In view of the foregoing, you acknowledge and agree that you will make your own independent verification of financial information and evaluation of the investment merits and suitability for you, or anyone you advise, of the securities, other investments or investment strategies, that may be presented, evaluated or discussed within our Site's Content. You further agree that you will not use any of the Content for or in connection with making tax, legal or accounting decisions, or advising others regarding tax, legal or accounting matters. Nothing contained in the Content should be considered a recommendation or advice to purchase or sell any security or other investment, or to undertake a particular investment strategy.
4. DISCLAIMER OF WARRANTIES. THE CONTENT ON THE SITE HAS BEEN CAREFULLY COMPILTED FROM SOURCES WE BELIEVE TO BE ACCURATE AND RELIABLE, BUT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR CONTENT IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THE SITE AND/OR CONTENT ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND WE DISCLAIM ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR THE CONTENT, OR ANY ECONOMIC BENEFIT YOU MAY GAIN FROM USE OF THE SITE AND/OR THE CONTENT, OR VIRUS-FREE, ERROR-FREE, UNINTERRUPTED ACCESS TO THE SITE. SOME STATES DO NOT ALLOW OR MAY LIMIT EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE, THE FOREGOING ARE WARRANTED ONLY TO THE MINIMUM AMOUNT OR DEGREE LEGALLY REQUIRED OR PERMITTED. YOU HEREBY EXPRESSLY AGREE THAT ACCESS TO OUR SITE IS AT YOUR OWN RISK, AND THAT YOU ASSUME THE RISK OF HAVING TO INCUR COSTS FOR SERVICING, REPAIR, REPLACEMENT OR CORRECTIONS THAT MAY BE NECESSARY FOR YOUR COMPUTER OR SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS OF ANY KIND THAT YOU MAY HAVE EXPERIENCED ATTRIBUTABLE TO YOUR ACCESSING OUR SITE.
5. Other Disclaimers. We further disclaim any obligation (i) to update the Content in any way after the date of publication, or (ii) to provide to you information that reflects circumstances that may have changed, or new information that may have been acquired, thereafter relating to the Content, notwithstanding that such updated information or changed circumstances might have a material effect on any security, other investment or investment strategy presented in the previously published Content. The Content will contain or reflect the opinions, judgments and analyses of BUE and other parties who provide Content to us (collectively "Content Providers") with respect to securities, other investments and investment strategies. We disclaim any responsibility for any portion of the Content which is received from or created by Content Providers including, without limitation, reports of news, analyses, research or other data. In this regard, you acknowledge that the mere fact that we publish the opinions, judgments or analyses of Content Providers does not in and of itself make such opinions, judgments or analyses ours, nor render us liable for any errors, omissions, inaccuracies or negligence with respect thereto. Any opinion, judgment or analysis of a Content Provider who is quoted or otherwise reflected in the Content on our Site shall be understood to be the opinion, judgment or analysis of that person alone, and not that of any firm which employs such person or with whom such person may be affiliated. It is acknowledged that other persons employed by or affiliated with such firm may have entirely different opinions, judgments or analyses with respect to the same subject. The Content is provided to you for informational purposes only and any discussion of past performance of any security, other investment or investment strategy should not be considered as being indicative or a guarantee of future performance. The price and value of securities referred to on this Site will fluctuate. Loss of all of the original capital invested in a security discussed on this Site may occur. Certain transactions, including those involving futures, options, and other derivatives, give rise to substantial risk and are not suitable for all investors. You acknowledge that you understand that, due to many factors over which neither we nor our independent Content providers have control, actual and subsequent events, performances and/or outcomes may differ substantially from any estimates, projections or predictions that might have been made in the Content of our Site.
6. Related Persons. BUE's officers, directors, employees and/or principals (collectively "Related Persons") may have positions in and may, from time to time, make purchases or sales of the securities or other investments discussed or evaluated on the Site, which includes the Bottom-Up Economist Report. It is the policy of BUE that all Related Persons shall wait at least one full trading day to elapse after the publication of the Site Content before any purchases or sales of any securities or financial instruments discussed therein are made. You are hereby advised that Related Persons and Content Providers on the Site, whose opinions, judgments and analyses of particular securities or other investments are discussed or reflected in the Content may serve as officers or directors of companies that are issuers of such securities or other investments.
7. Links to Third-Party Web Sites. For information and reference only, the Site may provide links to the external websites of other parties. We will provide such links only as a convenience to you, with your understanding that we have not verified the accuracy, truth, reliability or timeliness of any information found at such other web sites. The fact that we have provided a link to another web site should not be construed as our endorsement of such web site or its contents. You acknowledge that you understand, and you agree to assume, the risks associated with using any information found on the internet. You further acknowledge that such other web sites are not under BUE's control and that BUE makes no representations or warranties whatsoever about any other web sites which you may access through our Site. Accordingly, you agree that BUE will not be held responsible or liable for any damages or losses you may suffer as a result of your use or reliance upon any of the contents, advertising, products, or other materials found on such other web sites.
8. No Liability. By accessing the Site, you agree that you will bear full responsibility for your own investment research and decisions. You agree that BUE, as well as Related Persons and Content Providers, will under no circumstances be liable to you or any other party for any damages, injuries or losses, including any lost profits, direct, indirect, special, incidental, exemplary, punitive or consequential damages, injuries or losses of any kind resulting from your use or downloading of any of the Content on our Site, or on any third-party web site linked to our Site, including, without limitation, any damages, injuries or losses resulting from any investment decision made or action taken by you or others based upon any of the Content on our Site, or that of any third-party web site linked to our Site. The foregoing negation of liability encompasses, but is in no way limited to, damages, injuries, and losses caused in whole or in part by the negligence of BUE, Related Persons and/or Content Providers, or by events beyond the control of any of the foregoing in creating or delivering any of the Content on our Site.
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11. Applicable Law. The validity, interpretation, construction, and performance of this Agreement shall be governed by and construed in accordance with the internal substantive laws of the State of Florida, without giving effect to its principles of choice of law or conflicts of law thereunder. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties in the courts of the State of Florida, Hillsborough County, or, if it has or can acquire jurisdiction, in the United States District Court located in Hillsborough County, Florida, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on either party anywhere in the world. In the event it shall become necessary for either party to take action of any type whatsoever to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all attorneys’ fees, costs, and expenses, including all out of pocket expenses that are not taxable as costs, incurred in connection with any such action, including any negotiations, mediation, arbitration, litigation, and appeals.
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(c) Not a Solicitation. You further acknowledge your understanding that our Site and Content is in no way intended to be a solicitation for money management services by BUE, its managers, officers, or members, or any other Related Persons or Content Providers.
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(e) Invalid Provision. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
(f) Remedies. Our failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part, will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise of our rights. All rights and remedies given to us in this Agreement are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity.
(g) Assigns. This Agreement will be binding upon you and your executors, heirs, successors and assigns.
(h) Headings. Any and all headings in the text of this Agreement are solely for convenience and reference, and do not constitute a part of this Agreement; nor shall they be construed to affect the meaning, construction or legal effect of this Agreement.
13. Acceptance. By electronically indicating your acceptance of the foregoing Terms and Conditions of this Agreement or accessing the Site or using any of the Site's Content after you have had an opportunity to review this Agreement, you knowledge and agree: (i) that you (including your representatives, heirs, executors, administrators, assigns and attorneys-in-fact) intend to enter into a legally binding contract between you and BUE; (ii) that you have read and agree to the Terms and Conditions of this Agreement; (iii) that you agree and intend that this Agreement be the legal equivalent of a signed, written contract, and that it be equally binding ; and (iv) that by electronically agreeing to this Agreement, you acknowledge that you have received a copy of this Agreement by your viewing the web page where this Agreement is displayed or otherwise.