Terms and Conditions
This website (the “Site”) is created and authored by Patrick O’Shaughnessy (the “Author”) and is published and provided for informational and entertainment purposes only (collectively, the “Site Service”). The information in the Site constitutes the Author’s own opinions. None of the information contained in the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You understand that the Author is not advising, and will not advise 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 information contained in the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. From time to time, the Author may hold positions or other interests in securities mentioned in the Site and may trade for his own account based on the information presented. The Author may also take positions inconsistent with the views expressed in its messages on the Site. The Author may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed by the Author in the Site. Investing in the investments discussed in the Site may be risky and speculative. The companies may have limited operating histories, little available public information, and the stocks they issue may be volatile and illiquid. Trading in such securities can result in immediate and substantial losses of the capital invested. You should use invest risk capital, and not capital required for other purposes, such as retirement savings, student loans, mortgages or education. The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Author assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site. The Author is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software occurring for any reason, including but not limited to, on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Site or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Authors’ content in connection with the Web and/or in connection with the Site. Under no circumstances will the Author be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of the Site, or any interactions between the Author and readers of the Site, whether online or offline. The Site may provide information from or links to certain investment adviser and/or brokerage companies for your convenience only. The Author does not endorse or recommend the services of any investment adviser and/or brokerage company. The investment adviser and/or brokerage company you select (and not the Author) is solely responsible for its services to you.
THE AUTHOR SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY INVESTMENT ADVISER AND/OR BROKERAGE COMPANY. THE SITE AND THE CONTENT ARE PROVIDED “AS-IS” AND THE AUTHOR DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE AND MERCHANTABILITY, IF APPLICABLE, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE AUTHOR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. THE AUTHOR DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ANY OF THE SERVERS USED TO OPERATE THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Author reserves the right to change any and all Site content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Author.
Limitation on Liability
IN NO EVENT WILL THE AUTHOR BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE AUTHOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE AUTHOR TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE AUTHOR FOR HIS BOOK. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE AUTHOR FOR THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE AUTHOR, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.