- Acceptance of Terms
Subject to and in compliance with the terms and conditions set forth herein, Stirling may provide its users with access via the Website to:
- Free content including research and information regarding public and/or private companies, investment ideas and/or information regarding investments, Third-Party Content (content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs), emails, podcasts, webinars and conference calls (the “Free Service”); and
- Premium content including research and information regarding public and/or private companies, investment ideas and/or information regarding investments, Third-Party Content (content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs), emails, podcasts, webinars and conference calls for which You must pay a subscription fee to access (the “Premium Service”).
The Premium Service and the Free Service are collectively referred to herein as the “Services”.
You also understand and agree that the Services may include certain communications from Stirling, such as service announcements and administrative messages that You may not be able to opt out of receiving.
Current applicable subscription rates for the Services can be found by contacting our Customer Service Department at any time by email at email@example.com Monday through Friday (excluding National Holidays) between the hours of 10:00 a.m. and 6:00 p.m EST.
- Changes to the TOU and Our Services
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular columnists or contributors, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or
- Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TOU will be effective immediately after we post the modified TOU on the Website. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Service. You should check our most updated TOU frequently and refresh your browser periodically.
- Important Disclaimer Regarding the Information We Provide
Stirling is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
Pursuant to Stirling investment policy, the manager, research and editorial team, outside contributors, Stirling and its affiliates and parent company from time to time may hold positions in securities mentioned and may trade for their own accounts. In cases where the position is held at the time of publication, appropriate disclosure is made.
Third-Party Content is not subject to Stirling investment policy and therefore the preceeding paragraph does not apply to Third-Party Content, Stirling makes no representations regarding Third-Party Content, nor is Stirling liable for any Third-Party Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our Services and/or marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
Certain of the Services are subject to additional disclosures and/or restrictions, as set forth below:
- Each of our products provides investment ideas and/or provides information regarding investments. Each product is available for informational purposes only. The information, research, and opinions contained in our products have been obtained or derived from sources believed to be reliable, but we cannot guarantee its accuracy and completeness nor the opinions based thereon. You should not rely upon the research herein for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified securities professional before you make any investment. None of the information contained in our products constitutes, or is intended to constitute a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. Investing in the stocks published on the Website is risky and speculative. Trading in any security can result in immediate and substantial or total losses of the money invested.
- Registration and Privacy
In order to gain access to portions of the Services, You must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to and represent and warrant that You shall : (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
As a member, You also have certain other obligations relating to Your account:
- You may not transfer to or resell Your use of or access to the Services to any third party;
- You are responsible for all activities that occur under Your account;
- You are responsible for maintaining the confidentiality of Your user name, member name and password; and
- You agree to notify us by email. Click here to email us.if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.
- Subscription Cancellation for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.
- Upon the commencement of Your initial paid subscription (which occurs upon Your registration for a subscription) Your credit card will be billed the applicable subscription fee and Your paid subscription will commence.
- Subscribers – if You cancel Your paid subscription at any time You will not be entitled to any refund, reimbursement, or other credit on account of the cancellation of Your subscription, regardless of whether you have used your Subscription.
- You may cancel Your paid subscription at any time by contacting Customer Service by email. Click here to email us. Monday through Friday (excluding National Holidays) between the hours of 10:00 a.m. and 6:00 p.m EST.
- Subscription Renewal for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE. Your paid subscription will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew Your paid subscription by contacting Customer Service by email. Click here to email us. Monday through Friday (excluding National Holidays) between the hours of 10:00 a.m. and 6:00 p.m. EST. You must notify us at least one business day before the renewal date in order to avoid being charged for the renewal of your paid subscription. If You do not notify us as described above, the then-applicable annual fee for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed). Please note, in connection with recurring billing for subscription renewals, You authorize Stirling to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand.
- Stirling ‘s Proprietary Rights
The Services and the content distributed through the Services is the property of Stirling and/or its licensors. You may access the content, and download and/or print out one (1) copy of any content from the Services, solely for Your personal, noncommercial use. You acknowledge that You do not acquire any ownership rights by using the Services.
“StirlingStrategicInvestor.com”, ” StirlingStrategicInvestor “, the ” StirlingStrategicInvestor.com Logo”, “SSI”, “Stirling”, “Stirling.com”, “Stirling Logo” and certain other marks used on the StirlingStrategicInvestor and Stirling Websites are trademarks and/or service marks of Stirling. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.
- User Conduct
You may not republish, upload, post, transmit or distribute content available through the Services 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.
In addition, in connection with Your use of the Services, You agree not to:
- Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
- Use the Services for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
- “Frame” or “mirror” any content available through the Services or any of our websites 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 content available through the Services or any of our websites; or
- Harvest or collect information about users of the Services without their express consent.
You also agree that at all times You will:
- Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
- Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
- Waive any and all rights against Stirling and hold Stirling harmless in connection with any claims relating to any action taken by Stirling as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account; or
- Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
- Links to Other Websites and Viral Links
Your use of certain features and certain Third-Party Content made available to You by Stirling may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature 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 are encouraged to link to the Services on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”). If You elect to display links from our websites on a Third-Party Site, You agree that You will comply with Stirling’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to the website for any reason in our sole and absolute discretion.
Stirling hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:
- You may display only an excerpt of the content not to exceed 50 words that must be followed by a link to the full content of the Service. You are not permitted to reproduce the entire text of content as it appears on the website.
- The byline must consist of the name or title of the content and the name of the website. (e.g. “as appearing on StirlingStrategicInvestor”)
Any website that links to the Website (a) must not suggest or imply that we are sponsoring or endorsing such website(s)’s product, unless Stirling has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of Stirling; and (c) must not display any excerpt of Stirling content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
- Disclaimer of Warranties
The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Stirling, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services,
Stirling and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Stirling and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of Stirling or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. Stirling and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Stirling shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us – Click here to email us. – with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall Stirling be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
- Limitation of Liability
NEITHER STIRLING NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH THESTREET, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY 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 SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless Stirling our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services.
Stirling reserves the right to restrict, suspend or terminate Your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. Stirling reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of Stirling, Your membership in the Premium Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee paid by You for the period after termination, in other cases you are entitled to such a limited refund.
You may terminate Your user account, user name, member name any associated email address and access to the Services by submitting such termination request to us.
- Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on the Website infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, Stirling Subscription Services, LLC, 330 West 38th Street, Suite 1002, New York, New York 10018; email: Click here to email us. with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
- Repeat Infringement
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the Services 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 Services 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 that we provide.
You are responsible for promptly paying all fees associated with Your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to Stirling ‘s net income) related to the Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase. The TOU, together with all Stirling policies referred to herein, constitutes the entire agreement between You and Stirling relating to Your use of the Services 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 Stirling is governed by and construed in accordance with the laws of the State of New York, without regard to any conflicts or choice of law principles. You and Stirling agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, and You and Stirling waive any jurisdictional venue, or inconvenient forum objections to such courts. Such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TOU, the Website, or any of the Services. 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.
- Legal Notices
We reserve the right to send electronic communications to You for purposes of legal notices and informing you of changes or additions to the Services.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
For all other notices, please contact us in writing: Legal Department, Stirling Subscription Services, LLC, 330 West 38th Street, Suite 1002, New York, New York 10018; email:Click here to email us.