DEPHI DIGITAL RESEARCH SUBSCRIBER AGREEMENT
THIS AGREEMENT WAS LAST UPDATED ON July 29th, 2020.
This Delphi Digital Research Subscriber Agreement (the “Agreement”) governs your use of the subscription that you have purchased in connection with a certain Delphi Digital research product (the "Subscription").
If you do not agree to be bound by the terms of this Agreement, you should immediately cease using our Member’s Portal and contact the team for a reimbursement.
The Subscription and the Web site at http://members.delphidigital.io (the "Site") and their related content are provided to you "as is" and on an “as available” basis and without guarantee. Delphi Digital and their respective affiliates (collectively, "Delphi Digital", “we”, “us”, “our”) and their respective data and content providers (collectively, the "Information Providers") make no representations or warranties of any kind in connection with the subject matter of the Subscription or about the accuracy, completeness and suitability of the information or any graphics contained in the Subscription for any purpose. Use of the Subscription is at your own risk.
1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of such changes in writing or electronically. The changes also will appear in this document, which you can access at any time through the link at the bottom of an email or page from the Subscription. You signify that you agree to be bound by such changes by using the Subscription after changes are made to this Agreement.
3. Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with the Subscription (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. subscription fees will be billed at the beginning of your Subscription or any renewal. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Subscription using your user name and password without your authorization, you must contact our Customer Service department. You are responsible for any fees or charges incurred to access the Subscription through an Internet access provider or other third-party service.
4. Renewal. The Subscription will renew automatically, except as set forth below or unless we terminate it in accordance with this Agreement. For annual and monthly subscriptions, we will notify you of the pending renewal of the Subscription. You must cancel the Subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5. Exceptions for Various Types of Subscribers; Other Users. If your access to the Subscription is provided by, or through a Third Party, some or all of the "Fees and Payments" and "Renewal" terms may not apply to you. Please contact the Third Party or our Customer Service department for details. If you access the Subscription as part of a free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of this Subscriber Agreement, except the section labeled "Fees and Payments" and "Renewal", apply to your use and access of the Subscription.
6. Ownership; Limitations on Use. The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Subscription is our property or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws. Your access and use of the Subscription is limited as follows:
a. Only one individual may access the Subscription at the same time using the same user name or password, unless we agree otherwise.
b. You may not forward, distribute, publish, sell, or otherwise provide access to the emails or Content received through the Subscription to anyone, including, if applicable, to your fellow employees.
c. You may not rearrange or modify the Content. You may not create abstracts from, scrape or display headlines from the Content for use on another web site or service. You may not post any Content to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
d. You may not use the Subscription for any unlawful purpose. We reserve the right to terminate or restrict your access to the Subscription if, in our opinion, your use of the Subscription may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR USE OF THE SUBSCRIPTION AND THE CONTENT AVAILABLE THROUGH THE SUBSCRIPTION IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In addition, Delphi Digital and its Information Providers make no representations or warranties of any kind in connection with the subject matter included on or the use of the Site, and use of the Site is subject to the disclaimers, terms and conditions of use found at the Site.
Delphi Digital is not registered as a securities broker-dealer or investment adviser with any jurisdiction and is not providing any personalized financial, investment or tax advice. Delphi Digital cannot assess or guarantee the suitability of any particular investment to any personal situation. Accordingly, you bear complete responsibility for your own investment, financial, and tax research and decisions and should seek the advice of a qualified professional prior to making any decisions based on the Subscription. The Subscription is provided solely for informational purposes, and does not constitute an offer or solicitation to buy or sell any securities. All opinions expressed and information and data provided therein are subject to change without notice. We do not undertake any duty or obligation to update any content of the Subscription to reflect current market conditions or other changes.
DEPHI DIGITAL, ITS PARENT, INFORMATION PROVIDERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “DEPHI DIGITAL PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THE SUBSCRIPTION, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DEPHI DIGITAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE DEPHI DIGITAL PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL ANY OF THE DEPHI DIGITAL PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY INVESTMENT, FINANCIAL, OR TAX DECISIONS YOU MAKE AS A RESULT OF ACCESSING OR USING THE SUBSCRIPTION.
By using the Subscription, you accept the foregoing disclaimers and limitations on liability and you assume all risks associated with such use (including without limitation, risk of investment losses, risk to your computer, software or data being damaged by any virus transmitted or activated via the Subscription or material that may be included within or accessed from the Subscription). Further, the presence of any hyperlinks from the Subscription to other Web sites operated by parties other than Delphi Digital does not imply any kind of endorsement of the content on such Web sites by Delphi Digital or its Information Providers or any association with the owners or operators of such Web sites, and the views expressed at such Web sites that may be linked through the Subscription are not necessarily the views of Delphi Digital, its Information Providers or their employees. Such hyperlinks are provided for information and reference purposes only and Delphi Digital is not responsible for the availability of these external Web sites or for any of the contents, advertising, products, or other materials on such Web sites. Any concerns regarding any hyperlink should be directed to the respective Web site owner or operator/webmaster.
8. Disclaimer as to Simulated Performance Results. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE ACTUAL PERFORMANCE RECORDS, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND SUCH SIMULATED PERFORMANCE RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS. NO REPRESENTATION IS BEING MADE THAT ANY STOCKS, PORTFOLIO, FINANCIAL INSTRUMENT, OR INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN OR DESCRIBED IN THE NEWSLETTER. ACTUAL PERFORMANCE WILL VARY BASED ON MANY FACTORS, INCLUDING MARKET CONDITIONS AND APPLICABLE FEES AND EXPENSES RELATED TO ACTUAL TRADING. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS AND FUTURE ACCURACY AND PROFITABLE RESULTS CANNOT BE GUARANTEED. THE SUBSCRIPTION IS BASED ON INFORMATION AVAILABLE AS OF THE TIME IT WAS WRITTEN. DELPHI DIGITAL AND ITS INFORMATION PROVIDERS DISCLAIM ANY DUTY TO UPDATE THE SUBSCRIPTION. IN PARTICULAR, BY CONTINUING TO MAKE THE SUBSCRIPTION AVAILABLE, ON THE SITES OR OTHERWISE, AFTER THE DATE OF ITS FIRST PUBLICATION, NEITHER DELPHI DIGITAL NOR ITS INFORMATION PROVIDERS MAKE ANY REPRESENTATION AS TO THE TIMELINESS OF THE INFORMATION IN THE SUBSCRIPTION.
9. Writer Clients. The writer of the Subscription newsletter and/or his affiliated companies may provide services and investment advice to investors separate and apart from his position as a writer of the newsletter (“Clients”). In that separate capacity, he may recommend that such Clients maintain positions or purchase or sell securities discussed or mentioned in the applicable Subscription Newsletter. It is also possible that he may recommend that his Clients maintain positions or purchase or sell securities that are not mentioned to readers of the Subscription newsletter or that conflict with information provided in the Subscription newsletter. Delphi Digital does not have any involvement with any advice provided by the writer to Clients and cannot and does not advise any reader of the Subscription newsletter on the merits of becoming a Client. To the extent that a reader of the Subscription newsletter also receives services and advice from the writer as a Client, all such services and advice are that of the writer and/or one or more of his affiliated companies and are not the advice of Delphi Digital.
10. General. This Agreement contains the final and entire agreement between us regarding your use of the Subscription and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Subscription. We may discontinue or change the Subscription, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America applicable to contracts made entirely within New Jersey and wholly performed in New Jersey, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in the city and state of New Jersey. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.