TERMS OF SERVICE
The Bear Traps Report, LLC (the "Company") provides certain services (collectively, the "Services") through http://www.thebeartrapsreport.com and www.lawrencegmcdonald.com
(collectively, the "Website")
and via email and other electronic communications. Access to and use of the
Website and the Services is subject at all times to these Terms of Service
("Terms of Service"),
which are a binding contract between the Company and you. The Company shall be
deemed to conduct its business operations related to these Terms of Service
from its headquarters in United States of America, and
all transactions between you and the Company, including without limitation the
provision of information by or to the Company, shall be deemed to have occurred
at such headquarters. Please be aware that the Company offers no individualized
investment advice via the Website or the Service (as set forth in greater
detail in Section 2, below).
EACH TIME YOU ACCESS OR USE THE WEBSITE OR THE SERVICE,
YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE
READ AND UNDERSTOOD THEM. IF YOU DO NOT OR CANNOT AGREE TO BE BOUND BY ANY OF
THE PROVISIONS OF THESE TERMS OF SERVICE (OR IF YOU ARE LEGALLY INCAPABLE OF
BEING BOUND), PLEASE EXIT FROM THE WEBSITE AND DISCONTINUE ANY USE OF THE
SERVICES. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE IN CONNECTION WITH
YOUR EMPLOYMENT, YOU HEREBY REPRESENT TO THE COMPANY THAT YOU ARE AUTHORIZED TO
AND HEREBY DO BIND YOUR COMPANY/EMPLOYER TO THESE TERMS OF SERVICE; IF ANY
COURT OF COMPETENT JURIDICTION DETERMINES THAT YOU HAVE FAILED TO BIND YOUR
COMPANY/EMPLOYER, THESE TERMS OF SERVICE SHALL BE BINDING UPON YOU PERSONALLY.
ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER BOTH TO YOU
AND TO YOUR COMPANY/EMPLOYER, AS APPLICABLE.
The Company may, from time to time, modify, amend, or
supplement these Terms of Service, and post the revised version of the Terms of
Service in place of the present webpage. Such modifications, amendments, or
supplements shall be effective immediately upon posting on the Website (or
other transmission to you). You are responsible for periodically checking the
Website for changes to these Terms of Service. If you do not or cannot agree to
be bound by any of the provisions of the revised version of the Terms of
Service (or if you are legally incapable of being bound), you agree that your
sole remedy is to cancel your Account and cease using the Website and the
Services. Your continued use of the Website and/or the Services constitutes
your agreement to be bound by the revised version of the Terms of Service.
1. ACCOUNT
REGISTRATION AND POLICIES
By completing the registration process, you may establish
an account ("Account") and
register as a Bear Traps Report Silver, Gold, Pro, or Institutional Subscriber
("Subscriber"), and you
may access and use the Website and the Services commensurate with your subscription
level/selections. The Services may include the receipt by you of email
newsletters, alerts, and other communications issued by the Company. As part of
the registration process, a login ID and password will be assigned to your
Account that you must use to access the Services. You are solely responsible
for all activity on your Account and for the security of your computer system
and access credentials. You may not reveal, transfer or sell your Account login
ID or password to any other person. If your company/employer has entered into
an enterprise services agreement, some restrictions in these Terms of Service
may not apply to you.
(A) Charges and
Billing
Terms of payment are within the Company's sole discretion
and may be modified, amended, or supplemented at any time and shall become
effective upon posting on the Website. All applicable fees and other charges
for services as well as any products marketed through the Website are payable
by the 15th day of the quarter to which such fees or charges apply. The Company
reserves the right to change prices at any time. The Company is not responsible
for pricing, typographical, or other errors in any offer by the Company and
reserves the right to cancel any service or product orders resulting from such
errors.
(B) Termination of
Account
i.
Subscriber.
Subject to the terms described herein, each Subscriber has the right to
terminate such Subscriber's Account at any time upon written notice to the
Company. Each Subscriber understands and agrees that the termination of a Subscriber's
Account is such Subscriber's sole right and remedy with respect to any dispute,
regarding or arising out of (but not limited to):
(a)
Any term of these Terms of Service or
the Company's enforcement or application of these Terms of Service;
(b)
The Subscriber's ability to access
and/or use the Service; or
(c)
The amount or type of fees,
surcharges, applicable taxes, billing methods, or any change to the fees,
applicable taxes, surcharges or billing methods.
The Company reserves the right to collect accrued fees and
charges and costs incurred by the Company upon receipt of a Subscriber's notice
to cancel an Account.
ii.
Company. The
Company may terminate a Subscriber's account at any time in its sole and
absolute discretion for any reason including, without limitation, upon the
occurrence of any one of the following events:
(a)
Improper use of the Subscriber's
login ID or password.
(b)
The information provided by a Subscriber
during the Account registration process is found to be untruthful or
inaccurate.
(c)
Improper use of the information
provided on the Website or in connection with the Services and/or taking any
other action which adversely affects the Website, the Services, or the Company.
(d)
Any violation of these Terms of
Service.
If the Company terminates an Account because of a Subscriber's
breach of these Terms of Service, the Company shall have no liability or
responsibility to such Subscriber or any third party.
iii.
General. In
the event an Account is terminated by the Subscriber for any reason (other than
the Company's permanent discontinuance of the Website and/or the Services), or
by the Company for any of the reasons set forth in Section 1(B)(ii) above, no
refund will be granted and the Subscriber will have no further access via the
subject Account. Any delinquent or unpaid Account with unresolved disputes must
be settled before the Company may allow a Subscriber to register again. Any and
all of a Subscriber's personal information submitted in connection with the
Account and/or the Services, including any Account information and password
information, may promptly be destroyed by the Company upon termination of such
Account.
(C) Privacy Policy
The Company Privacy Policy is incorporated herein by
reference and is made part of these Terms of Service. You hereby represent and
agree that you have read, understood, and agree to all of the terms of the Company
Privacy Policy, a copy of which is available at our headquarters
2. LIMITATIONS, RESTRICTIONS, AND
OBLIGATIONS
(A) Generally
The Company is an online financial media firm publishing
content relating to global financial markets and global political systematic
risks (the "Content"). The
Content is produced without regard to individual levels of sophistication or
investment experience, and without regard to the suitability of individuals who
may access the content. You understand and agree that:
i.
The Content does not constitute a
specific recommendation of any particular investment, security, portfolio,
transaction, or strategy, nor that any specific course of action is suitable
for any specific person;
ii.
No Company analysts or other
personnel shall advise you with regard to your investments;
iii.
You shall not attempt to contact the
Company or any Company personnel seeking personalized investment advice;
iv.
All Content is impersonal and not
tailored to any specific investment needs and suitability requirements,
including yours;
v.
The views expressed in the Content are
opinions of the authors;
vi.
The Company does not instruct its
employees which opinions to hold;
vii.
The opinions of one Company employee
may differ from the opinions held on the same topic by another employee, or may
change without notice;
viii.
Past results are not indicative of
future performance;
ix.
The opinions expressed in the Content
are derived from sources generally believed to be reliable, but the Company
does not guarantee that the Content is error-free and is not liable for any
damage resulting from any errors, omissions, inaccuracies, or incomplete or out
of date information in the Content;
x.
The information, data, analyses and
opinions contained in the Content include the confidential and proprietary information
of the Company that may not be copied or redistributed;
xi.
The Content is provided solely for
informational purposes and therefore nothing in the Content shall constitute an
offer to buy or sell a security.
xii.
Except as otherwise required by law, the
Company shall not be responsible for any trading decisions, damages, or other
losses resulting from, or related to, the Content it provides, including
alerts, data, reports, analyses or opinions or their use.
(B) Modification to
Services
The Company may at any time and from time to time revise,
supplement, suspend, or discontinue, temporarily or permanently, the Services
(or any part thereof) with or without notice to you, and terminate all
permissions/licenses granted in these Terms of Service. You agree that neither
the Company nor any of its affiliates, licensors, agents, or employees is
liable to you or any third party for any revision, supplement, suspension, or
discontinuation of the Services, and termination of any permission/license.
(C) Limited License
to Use the Website and Services
i.
Grant of License.
Subject to your compliance with these Terms of Service, if you are a Subscriber,
you are hereby granted a non-exclusive, non-transferable, non-sublicensable right and license to access the Website and
the Services commensurate with your paid subscription level/selections. The
Website, Services, and Content may be used only for your internal business (or
personal, as the case may be) purposes, and no part of the Website, Services,
or Content may be copied, reproduced, or redistributed by you. This right and
license to access and use the Website, Services, and Content is personal to you
and is not transferable to any other person or entity, nor may it be shared,
resold, rented, licensed or leased by you. You are responsible to ensure that
your use the Website, Services, and Content is for lawful purposes only and is
in conformity with the requirements of these Terms of Service. You shall be
responsible for protecting the confidentiality of your password(s), if any. The
Company shall have the right at any time to change or discontinue any aspect or
feature of the Services, including (but not limited to) Content, hours of
availability, and equipment needed for access or use.
ii.
Reservation of Rights.
All rights not expressly granted by the Company herein are reserved by the
Company. Access to the Website, Services, and Content is granted under license;
no ownership rights are transferred to you by the Company. Except for the
license granted herein, the Company retains all right, title and interest in
and to the Website, Services, Content, and all information and other content
provided in connection therewith.
iii.
Restrictions.
(a)
Limitations of Reverse Engineering, Decompilation
and Disassembly. You may not reverse engineer,
decompile, or disassemble the Website, any of the Services, or any other
material available in connection with the Services, except and only to the
extent that such activity is expressly authorized by applicable law
notwithstanding this limitation. You agree not to circumvent or attempt to
circumvent any security measures associated with the Website and/or the
Services.
(b)
Rental. You
may not rent, lease or lend access to the Website or any of the Services.
(c)
Redistribution. You
may not redistribute any information provided by, through,
or in connection with the Website or any of the Services to any other person.
(d) Other Restrictions. You hereby agree not to:
1) Infringe upon the intellectual property rights of the
Company or any third party.
2) Alter or cancel another Subscriber's Account, or attempt
to do so.
3) Impersonate another person, indicate that you are a
Company employee, or attempt to mislead Subscribers or guests by indicating
that you represent the Company or any of the Company's licensors or affiliates.
4) Attempt to get a login ID, password, or other Account
information, or any other private information from a Subscriber.
5) Engage in or promote or encourage any illegal activity
including hacking, cracking or distribution of counterfeit software for the
purpose of accessing the Website, the Services, or Content.
6) Modify, delete or create derivative works of the Website,
the Services, or Content, or any part thereof.
7) Remove or alter any legal notice, including any copyright
management information, or any other notice or name or mark of the Company or
its suppliers that appears in or is affixed to the Website or any of the
Services.
8) Interfere with, hack into or decipher any transmissions to
or from the servers running the Website or the Services.
9) Do anything that interferes with the ability of other Subscribers
to access and use the Website and the Services or that adversely affects the
Website, the Services or the Company's business.
10) Use information provided on or in connection with the
Website or the Services for any purpose that is not authorized by a license or
permission granted by the Company herein.
11) Perform any acts that violate any applicable laws or
regulations in connection with the manner in your access or use the Website
and/or the Services.
iv.
Ownership. You
understand and acknowledge that the Website, the Services, the Content, and all
other information provided to you in connection therewith are, as between you
and the Company, owned solely and exclusively by the Company (including by its
licensors and/or its affiliates or suppliers), and are protected by applicable
laws and regulations, including treaty obligations relating to intellectual
property rights. Under no circumstances will you obtain any ownership interest
in any element of the Website, the Services, or the Content under these Terms
of Service or otherwise.
(D) Company
Trademarks
You are not authorized under any circumstances to use any
trademark, service mark, logo, trade dress, company name, brand, or domain name
owned by the Company or used by the Company in connection with the Website or
the Services. You agree not to infringe or dilute any trademark, service mark,
logo, or trade dress owned by the Company.
3. DISCLAIMER OF
WARRANTIES
YOU HEREBY EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE
WEBSITE, THE SERVICES, THE CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE
WEBSITE, THE SERVICES, AND THE CONTENT (AS WELL AS ANY THIRD-PARTY SERVICES,
PRODUCTS, AND INFORMATION DELIVERED TO YOU IN CONNECTION THEREWITH) ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR
USE, WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED); THE WARRANTIES HEREBY
DISCLAIMED INCLUDE ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL
BE ABLE TO ACCESS OR USE THE WEBSITE OR THE SERVICES AT TIMES OR LOCATIONS OF
YOUR CHOOSING OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE
OR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE WEBSITE, THE
SERVICES, AND THE CONTENT MAY CONTAIN ERRORS, INCLUDING TECHNICAL INACCURACIES
AND TYPOGRAPHICAL ERRORS. In addition, the Website and the Services may enable
you to access or download harmful or malicious code introduced onto the
Internet by third parties. The Website and the Services may be available
internationally and may contain references to programs or services of the Company
and/or its suppliers that are not available in your location. Such references
do not imply that the Company or its suppliers intend to make available such
products, programs or services in your location.
4. LIMITATIONS OF
LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE
REMEDY IN RELATION TO ANY DISPUTE WITH THE COMPANY, ITS LICENSORS, SUPPLIERS OR
AFFILIATES (OR ANY OF THEIR EMPLOYEES, OFFICERS, SUBSCRIBERS, OR DIRECTORS) IS
TO STOP USING THE WEBSITE AND THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU
ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS,
SUPPLIERS, OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, OFFICERS, SUBSCRIBERS, OR
DIRECTORS) BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON
REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ASSOCIATED WITH THE WEBSITE,
THE SERVICES, OR THE CONTENT.
MOREOVER, IN NO CASE SHALL THE COMPANY, ITS LICENSORS,
SUPPLIERS OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, OFFICERS, SUBSCRIBERS, OR
DIRECTORS) BE LIABLE TO YOU OR ANYONE DERIVING RIGHTS FROM YOU IN AN AMOUNT
EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICES DURING THE ONE
(1) YEAR PERIOD PRIOR TO THE DATE ON WHICH YOUR CLAIM PURPORTEDLY AROSE. IN NO
CASE SHALL ANY OF SUCH PERSONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM THEFT OR LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS
INTERRUPTION, OR OTHER INTANGIBLE LOSS) RELATINGING IN ANY WAY TO YOUR USE OF
OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT. THIS LIMITATION
SHALL APPLY REGARDLESS OF WHETHER SUCH ALLEGED LIABILITY IS BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ANY PERSON
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
THE LIMITATION OF CERTAIN CATEGORIES OF LIABILITY, THE FOREGOING LIMITATIONS
SHALL APPLY TO YOU ONLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY
THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OR IN CONNECTION WITH THE
WEBSITE OR THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
5. LINKS WITH OTHER
SITES
The Website and/or the Services may provide links or
references to websites or services that are maintained or provided by third
parties. The Company is not responsible for and does not assume responsibility
for any content or practice of any such site or service. Your use of any such
site or service is entirely at your own risk. The Company provides such links
and/or references solely as a convenience to you and not as an endorsement or
approval of any content, practice, owner, or sponsor. The company makes no
warranties of any kind in relation to such sites and/or services.
6. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the
Company and its licensors, affiliates, suppliers, employees, officers, and
directors from and against all claims (including investigations and allegations
that are not yet presented as litigation) and liabilities, losses and expenses,
including attorneys' fees and costs, arising in connection with any breach of
these Terms of Service. If you fail to provide a defense satisfactory to the
Company, the Company may assume the defense and invoice you for the cost
thereof, which invoice(s) you shall pay immediately upon presentation.
7. GOVERNING LAW
These Terms of Service, as well as your use of the Website
and the Services, are governed by and shall be construed in accordance with the
laws of the State of New York, without regard to its provisions relating to
conflicts of laws. By agreeing to these Terms of Service or by accessing or
using the Website and/or any of the Services, you submit to the personal
jurisdiction of the federal and state courts of the State of New York. You
further agree that such courts shall have exclusive jurisdiction over any claim
brought by you under or in connection with these Terms of Service, the Website,
or any of the Services.
8. VOID WHERE
PROHIBITED
The Company makes no representation or warranty that any
material on the Website or in the Services is lawful in every jurisdiction from
which such material can be accessed, or is available for use in all
jurisdictions. If you access or use the Website or the Services from a
jurisdiction outside of the United States you are responsible for compliance
with all applicable local laws.
9. COPYRIGHT POLICY
The Company respects
copyright law and requests you to do the same. The Company may, in appropriate circumstances
and at its discretion, suspend or terminate the access of, or take other action
against you or other account holders who infringe the
copyrights of others.
If you believe that your work is
accessible on the Services in a way that constitutes copyright infringement, in
accordance with the Digital Millennium Copyright Act 17 U.S.C § 512(c)(3), you may notify us by sending an email or
a written notice to our designated agent for infringement claims that includes
the following information:
i.
A physical
or electronic signature of person authorized to act on behalf of the owner of a
right that is allegedly infringed;
ii.
Description
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;
iii.
Identification
of the material that is claimed to be infringing and access to which is to be
disabled, in addition to information reasonably sufficient to permit Best
Venues New York to locate the material, such as a URL identifying where it is
located on the Services;
iv.
The
address, telephone number, and if available, an electronic mail address at
which you may be contacted by Best Venues New York;
v.
A
statement by you, stating that you have a good faith belief that the use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
vi.
A
statement by you under the penalty of perjury that the information in the
notification is accurate and that you are authorized to act on behalf of the
rights-holder whose right is allegedly infringed.
The Bear Traps Report’s Agent for Claims of Infringement:
support@thebeartrapsreport.com
9. MISCELLANEOUS
If any provision of these Terms of Service is held to be
invalid or unenforceable, that provision will be deemed to be restated to
reflect as nearly as possible the original intention in accordance with
applicable law, and the remainder of these Terms of Service will remain in full
force and effect. These Terms of Service constitute the entire agreement
between the Company and you with respect to the subject matter hereof and
supersede and replace all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. Any waiver of any
provision of these Terms of Service will be effective only if in writing and
signed by the Company. The failure of the Company to assert any right under
these Terms of Service shall not be considered a waiver of that right, which
shall remain in full force and effect. In addition, these Terms of Service are
not intended to confer, and do not confer, any rights or remedies upon any
person other than you. These Terms of Service and all related documents are
written and shall be interpreted in the English language.
10. CONTACT US
If you have any questions, concerns, or comments regarding
these Terms of Service, or have other questions or suggestions about our
Website or the Services, you may contact us via email at support@thebeartrapsreport.com.
Last Updated: May 17, 2016.