Disclosures - The Forecast

Terms and conditions

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.

Terms and Conditions

This is a legally binding agreement (“Agreement”) between The Forecast LLC (“The Forecast,” “we,” or “us”) and you (“persons” or “members”), with regard to The Forecast’s website, http://www.theforecast.co (the “Site”), and the content and subscriptions we offer through the Site, including without limitation bulletins, notifications, newsletters and alerts (collectively, the “Services,” as further defined below). Persons agree to all of the terms and conditions set forth in this Agreement, either on their own behalf, or on behalf of a legal entity (“entity”), in which case they represent and warrant that they (a) are authorized by the entity to do so, and (b) have the authority to legally bind the entity, and agree that the terms “persons” shall refer to you, individually, and the entity.  Persons further represent and warrant that they are at least 18 years of age. If they are not so authorized, cannot make such representations, or if persons cannot accept this Agreement, use of this Site and the Services are prohibited.  This Site and the Services are not intended for use by persons under the age of 18. If under the age of 18, persons may not use the Service or provide The Forecast with any personal information. The Forecast provides this Site and its Services subject to all terms and conditions set forth in this Agreement, including this paragraph, the paragraphs set forth above, and the following:

 

Acceptance of Agreement

By using the Site and/or the Services, persons agree to be bound by this Agreement. If they do not agree to this Agreement, please do not access or otherwise use the Site or our Services or any information contained therein. Acceptance of this Agreement also means that persons accept our Privacy Policy. The date on which persons first accept this Agreement is the “Effective Date.”  We reserve the right to change this Agreement from time to time with or without notice, subject to the following. If persons have a subscription with us, we will notify regarding  any modifications to this Agreement by doing one or more of the following: sending a notice to the primary email address specified in one’s account, placing a prominent notice on the Site, and/or updating this Agreement as posted on the Site. Continued use of this Site and/or our Services after any such modifications will constitute acknowledgement and acceptance of the modified Agreement.  As used in this Agreement, references to our “Affiliates” means any natural person or legal entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a party, including in the case of The Forecast, our owners and billing servicer. “Control” means the indirect or direct possession of the power to direct or cause the direction of the management and policies of a natural person or legal entity, whether through the ownership of voting securities, by contract or otherwise.

By signing this Agreement, persons acknowledge and agree that they have read and understand the following important disclaimers:

 

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DISCLAIMERS

 

THE FORECAST DOES NOT PROVIDE OR OFFER ANY INDIVIDUALIZED, CUSTOMIZED OR PERSONAL INVESTMENT ADVICE TO ANY INDIVIDUALS OR ENTITIES. AT ALL TIMES, PERSONS BEAR FULL RESPONSIBILITY FOR FINANCIAL, INVESTMENT AND TRADING DECISIONS. PERSONS SHOULD SEEK THE ADVICE OF A QUALIFIED INVESTMENT PROFESSIONAL BEFORE MAKING ANY INVESTMENT DECISION.

 

Important Disclaimers Regarding Our Services and the Information we Provide:

 

The Forecast offers information, research, educational content, articles, alerts, bulletins, newsletter items and other conveyances of information that constitute the Services. The Forecast is a publication that is available to the general public via subscriptions. The Forecast provides market commentary, market analysis, and insights, as well as general investment education, and identifies particular trades that it believes will result in gains in value, but it does not provide investment advice, whether customized or otherwise.  The Forecast does not owe a fiduciary duty to any persons, and is not aware of any persons’ financial situation, risk appetite or other investment preferences or parameters. The only information about members that The Forecast is aware of is name, email address, date of birth and other basic information needed to purchase a subscription.  

 

The Forecast is a publisher, and as such relies upon the publisher’s exclusion from the definition of investment adviser as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. By using our Services, members acknowledge and agree to the foregoing and that any actions or forbearance from taking action based on the information we provide and the use of our Services is entirely at members’ own risk, for which The Forecast and its Affiliates shall have no liability. Members understand and acknowledge that trading in securities, by its nature, involves risk of significant loss.

The Forecast is not registered as a broker-dealer, investment company or investment advisor with the United States Securities and Exchange Commission or with any state securities authority. We offer access to our Site on a subscription basis only, as described further below.

  • Persons understand that no Content published on this Site constitutes a recommendation that any particular investment, security, sector, portfolio of securities, tax strategy, transaction or investment strategy is suitable for any specific person.

  • Persons further understand that no one in the employ of The Forecast is advising persons personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy, tax advice or strategy, retirement advice or strategy, or other matter. To the extent any of the Content published on the Site may be deemed to be investment advice, such published information is impersonal, general in nature, and not tailored to the investment needs of any specific person or entity. 

  • Persons understand that the views and opinions expressed on the Site are the opinions of our contracted analysts and of our users. The analysts may differ from time to time in their opinions about the same securities. 

  • Persons understand that the owners, officers, directors, contracted analysts and employees of The Forecast have or may have personal positions in the instruments (or similar instruments) mentioned on the Site. They agree contractually not to trade in securities in any way that is inconsistent or advantageous from a timing perspective with regard to their posts on The Forecast, nor to receive compensation from or insider information on companies whose equity or fixed income securities, or company prospects or information, that they discuss on the Site.

  • Persons understand that the risk of loss in trading securities (including, without limitation, stocks, ETFs, options and index futures) can be substantial. Persons should therefore carefully consider whether such trading is suitable in light of persons’ financial condition. Persons bear responsibility for their own investment research and decisions and as noted above, should seek the advice of a qualified securities professional before making any investment.

  • Persons understand that markets are fluid, dynamic, nonlinear systems. In order to trade such systems with a good prospect of success, one should endeavor to develop the knowledge and experience necessary to navigate its complexities. Therefore, we strongly suggest that any individual who seeks to trade in these markets takes the time to learn about finance, trading, market behavior, and related topics.  We sometimes provide trade set-ups and alerts on the Site. These are provided for educational and hypothetical purposes only and are not trade recommendations. The prices quoted in the alerts are based on real-time market prices as of the time stated in the alert, and not actual fills by the analyst. Prices can change in real time, and actual trading could affect trading prices. We also sometimes track the performance of these set-ups and alerts. Performance table returns don’t include commission and other execution and trading costs, including taxes, that would be incurred if these were actual portfolios. Past performance is no guarantee of future results.

  • Persons 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.

More Financial Disclosures

Investing in the financial markets can involve considerable risk, including loss of principal. The value of any particular security may go up or down, and prices may fluctuate on a rapid basis. Past performance is not necessarily an indication of future performance.  Persons who choose to invest in any securities mentioned on the Site may achieve results materially different from any  historical, predicted or model results portrayed.  All material provided via the Site or the Services is for informational and educational purposes only, is not investment advice, and is not meant to suggest that any individual securities or types of securities are suitable investments for any particular investor.  Third party quotes and information with respect to particular securities or indices may not be representative of the experience of The Forecast subscribers and do not represent a guarantee of future performance or success. 

 

The information included on the Site or in the Services and all  content, research, opinion, views, and analysis therein is prepared for educational and informational purposes only, represents the views and opinions of The Forecast,  and is not a solicitation, or an offer to buy or sell any security or use any particular system, nor is it an endorsement or sponsorship by The Forecast of any company or industry.  Information provided is based on historical and current research and analysis using data believed to be reliable, but there is no guarantee as to the  accuracy of such data. The Forecast will not provide persons with personally tailored advice concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.   The information presented on the Site and in the Services has been prepared without regard to any particular investor’s investment objectives, financial situation, needs, age, capacity, and trading ability or experience. Accordingly, persons should not act on any information on the Site or in the Services without obtaining specific advice from financial and tax advisors and should not rely on information on the Site or Services as the basis for trading and/or investment decisions.  The Forecast cannot claim or represent that the Site or any of our Services are suitable or appropriate for persons’ use.  By use of the Site and Services, persons agree that they bear responsibility for their own investment research and investment decisions. Only they can decide whether or not any financial investment or strategy is suitable for them and agree to be fully responsible for any trades they initiate via their own brokerage account or other account that may utilize research and/or tools that we provide to the general public via the published information in the Site and Services. Persons further agree that The Forecast, its directors, its employees, subsidiaries, affiliates, and its agents will not be liable for any investment decision, trade made or action taken by persons and others based on news, information, opinion, views, or any other material published through our Site and Services.  

 

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Copyright 

This document is confidential and may not be shown, copied, transmitted, or otherwise given to any person other than the authorized recipient without the prior written consent of The Forecast.

Cookies

We employ the use of cookies. By accessing the Site, persons agreed to use cookies in agreement with the Privacy Policy.  Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Site to enable the functionality of certain areas to make it easier for people visiting our Site. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, The Forecast and/or its licensors own the intellectual property rights for all material on the SIte and in the Services. All intellectual property rights are reserved. Persons may access this from The Forecast for personal use subjected to restrictions set in these terms and conditions.

Persons must not:

  • Republish material from The Forecast

  • Sell, rent or sub-license material from The Forecast

  • Reproduce, duplicate or copy material from The Forecast

  • Redistribute content from The Forecast

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. The Forecast does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of The Forecast, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, The Forecast shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

The Forecast reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

Persons warrant and represent that:

  • Persons are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Persons hereby grant The Forecast a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of The Forecast; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If persons are one of the organizations listed in paragraph 2 above and are interested in linking to our website, persons must inform us by sending an email to The Forecast. Please include name, organization name, contact information as well as the URL of the website, a list of any URL’s from which are intended to link to our Site, and a list of the URL’s on our site to which persons would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of The Forecast’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, persons may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Privacy

Please read our Privacy Policy before using the Site.

Reservation of Rights

We reserve the right to request that persons remove all links or any particular link to our Website. Persons approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, persons agree to be bound to and follow these linking terms and conditions.

Refunds

We do not currently offer refunds.

Removal of links from our website

If persons find any link on our Website that is offensive for any reason, persons are free to contact and inform us. We will consider requests to remove links but we are not obligated to or so or to respond to persons directly.  We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Site and Services and their use. Nothing in this disclaimer will:

  • limit or exclude our or persons’ liability for death or personal injury;

  • limit or exclude our or persons’ liability for fraud or fraudulent misrepresentation;

  • limit any of our or persons’ liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or persons’ liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set forth in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. 

 

When U.S. exchanges are open, any quotes displayed on our site may be 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, persons should consult with a qualified broker or other financial professional to verify pricing information.

 

No Guarantee 

Although The Forecast works hard to provide a high quality Site and Services, persons understand and acknowledge that we cannot promise or guarantee specific results from using the Site or any of our Services.

 

Temporary Interruptions

Persons understand and agree that temporary interruptions of the Site may occur due to events that are beyond our control. Persons also understand and agree that we have no control over the third-party networks or services that we may use on our Site. Persons agree that this Site is provided “AS IS,” as further stated in the “Disclaimer of Warranties” section below, and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings, or any other aspect of use of the Site or the Services.

 

Subscription License 

If persons login to receive a free membership or purchase a Subscription to our Services, as described in these terms and conditions, below, this is applicable to them.

Definitions

“Free Trial” means a period of time, 14 days, first time users are able to access the site without any credit card charges.

  • “Subscription” means a purchased subscription license allowing persons access to and use of the Services for the duration of the Subscription Term by means of a specific User ID and password.

  • “Subscription Term” means the period of time during which a Subscription remains valid, as stated in the applicable Order Form.

  • “Order Form” means the online order form agreed to and submit to The Forecast by which an order is placed for a Subscription to the Services, and any agreed upon amendments thereto. Submission by persons of an Order Form to The Forecast constitutes agreement to its terms, which are subject to this Agreement.

  • “Updates” means updates, corrections, modifications and/or functional enhancements to the Services.

 

License Grant 

The Forecast makes access to our Site and Services available solely on a Subscription basis. The Forecast hereby grants to persons, and persons hereby accept, subject to the terms of this Agreement, including the payment terms set forth below, a non-exclusive, nontransferable license to access and use the Site and Services as permitted by this Agreement for the duration of the Subscription Term(s) specified in the applicable Order Form.

 

Additional Subscriptions

Persons may purchase additional Subscriptions for additional users at any time at The Forecast’s then current pricing. Each Subscription shall terminate at the end of the applicable Subscription Term.

User ID and Password

Persons’ user ID and password grants login access to the Site and Services through only one computer or device at a time. Persons shall notify The Forecast immediately of any unauthorized use of any user ID or password for persons’ Subscriptions, or any other actual or suspected breach of security related to the Services or Subscriptions of which persons become aware. If persons share their User ID and password with another person or entity, persons must ensure that they agree to this Agreement and persons shall be jointly and severally responsible with such other person or entity for the acts, omissions, breaches of this Agreement and/or violations of The Forecast’s rights by such person or entity as if they were acts, omissions, breaches and/or violations, and for any resulting damages.

Fees 

If persons choose to purchase one or more of our Subscriptions provided on our Site, persons agree to pay all fees associated with access to the Site and the Services. Persons are solely responsible, at their expense, for providing all equipment necessary to use the Services, including, but not limited to, all computer hardware, software, devices, and internet access necessary to receive and view the Services, and for payment of all fees and costs associated with such access.

Free Trial

Free 14 day trials to the Site with a credit card are authorized only once per person. Any additional access without payment to The Forecast, or valid credit card information constitutes a violation of this Agreement. Any attempt to gain multiple free trials (e.g., through use of a fake email address or another individual acting on persons behalf) is subject to billing and collection at our monthly Subscription rate for each unauthorized access.

 

Credit Card Charges 

Any charges incurred by purchase or use of the Services will be billed to the credit card we have on file by our billing servicer. Subscription charges will be billed in advance at the start of the billing period persons select on the Order Form and considered paid through the end of the billing period, and are not subject to refund, regardless of when persons cancel. Persons agree to provide us with accurate and complete billing information, including, but not limited to, credit card information, name, address and telephone number and other standard credit card account verification information, and to provide us with any changes in such information within thirty (30) days of the change.

 

Overdue Amounts 

If for any reason, a credit card company declines or otherwise refuses to pay the amount owed for the Services purchased, persons agree that we may, at our option, suspend or terminate performance or delivery of our Services and any Subscriptions, and may require persons to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, persons agree to reimburse us for all expenses incurred to recover sums due, including, but not limited to, attorney fees and other legal expenses, plus interest on the unpaid balance at the rate of 1.5% per month.

Term

The term of this Agreement shall commence on the Effective Date and shall continue in force and effect until: (a) notice of non-renewal of a Subscription by either party in accordance with The Forecast policy (b) termination in accordance with The Forecast. Except as otherwise provided in any given Order Form, the term of an applicable Subscription (the “Subscription Term”) shall commence on the start date indicated in the confirmation The Forecast sends to persons after the Order Form is submitted and, unless earlier terminated in accordance with our stated policy, shall continue for the period specified therein.

 

Automatic Renewal

UNLESS AND UNTIL TERMINATED BY EITHER PARTY PURSUANT TO SECTION ABOVE OR EITHER PARTY PROVIDES WRITTEN NOTICE OF NON-RENEWAL TO THE OTHER PARTY PRIOR TO THE SCHEDULED END OF THE THEN-CURRENT SUBSCRIPTION TERM, THE SUBSCRIPTION TERM OF EACH ORDER FORM SHALL AUTOMATICALLY RENEW AND BE EXTENDED UPON ITS EXPIRATION (REGARDLESS OF WHETHER PREVIOUSLY RENEWED OR EXTENDED), FOR A PERIOD OF THE SAME DURATION AS THE SUBSCRIPTION TERM SPECIFIED ON SUCH ORDER FORM. THE SUBSCRIPTION PRICE APPLICABLE TO ANY RENEWED OR EXTENDED SUBSCRIPTION TERM SHALL BE THE SAME AS THAT OF THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM.

Termination

 This Agreement and the right to use the Site and Services, and any and all Subscriptions hereunder, may be terminated as follows: (a) by The Forecast immediately, at its option and without notice, in which case The Forecast may, in its sole discretion, provide a prorated refund for the unused remainder of the applicable Subscription Term; (b) by either party immediately upon written notice to the other party in the event of a material breach by the other party of any terms and conditions of this Agreement, including the failure to pay any amount when due under this Agreement; or (c) by either party immediately upon written notice to the other party in the event the other party makes an assignment for the benefit of creditors, or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to bankruptcy laws or laws of debtor’s moratorium. Notwithstanding the foregoing, The Forecast may cancel any Subscription for any reason at any time, and persons may cancel any Subscription at any time upon notice to The Forecast through their online account, email or telephone; provided, however, that no refund shall be provided in the event of any termination or cancellation, whether of any Subscription or this Agreement. Further, in the event either party terminates some, but not all, Subscriptions under this Agreement, this Agreement shall remain in effect to govern any remaining Subscriptions.

Cancellation

To cancel membership at The Forecast, within the Portal, navigate to ‘support’ — ‘manage account’ — ‘cancel account.’  Persons can also email support@theforecast.co to cancel membership.

Effects of Termination

Upon termination of this Agreement, all Services and Subscriptions and the related rights and licenses granted hereunder to persons with regard to the foregoing shall terminate immediately. Upon termination of any Subscriptions where one or more Subscriptions remain in effect, the related rights and licenses granted hereunder with regard to the terminated Subscriptions shall terminate immediately, and this Agreement shall remain in effect to govern the remaining Subscriptions.  Immediately upon termination of either this Agreement or any Subscription, persons shall (a) cease all use of the Services associated with the Subscriptions which have been terminated (which, in the case of termination of this Agreement, means all Subscriptions); and (b) with regard to all terminated Subscriptions, return to The Forecast any Confidential Information of The Forecast in persons’ possession, including Content, and all copies thereof, or destroy or delete all copies of the foregoing stored on any computer and storage media under persons’ control. Termination of this Agreement shall not relieve persons of any unmet payment obligations owed to The Forecast. The Forecast shall have no obligation to return any User Content.

Suspension of Access

 The Forecast may immediately suspend or disable persons’ access to and use of the Site and Services (including, for the avoidance of doubt, all Subscriptions) if, as a result of persons’ use thereof or breach of this Agreement, The Forecast reasonably believes: (a) The Forecast is likely to be subject or exposed to criminal or civil sanctions, prosecution or suit; (b) such use or breach is likely to cause harm to The Forecast, any of its Affiliates or any of their respective other customers or their respective employees or interfere with the integrity, operations or security of the Services or The Forecast’s network or systems or those with which The Forecast is interconnected, or interfere with another customer’s use of any of the foregoing. The Forecast may also suspend or disable persons’ access to and use of the Services if required in order to comply with a court order or government notice. In the exercise by The Forecast of its right to act immediately under this paragraph, The Forecast shall provide such advance notice as is reasonably practicable under the circumstances. If advance notice is not reasonably practicable, The Forecast shall provide subsequent notice promptly thereafter. Persons shall promptly cooperate with The Forecast in attempting to resolve the issue giving rise to any suspension or disablement of access to and use of the Services. The foregoing shall be in addition to the termination rights of either party hereunder.  Upon termination of this Agreement, all Services and Subscriptions and the related rights and licenses granted hereunder with regard to the foregoing shall terminate immediately. Upon termination of any Subscriptions where one or more Subscriptions remain in effect, the related rights and licenses granted hereunder with regard to the terminated Subscriptions shall terminate immediately, and this Agreement shall remain in effect to govern the remaining Subscriptions. Immediately upon termination of either this Agreement or any Subscription, persons shall (a) cease all use of the Services associated with the Subscriptions which have been terminated (which, in the case of termination of this Agreement, means all Subscriptions); and (b) with regard to all terminated Subscriptions, return to The Forecast any Confidential Information of The Forecast in persons’ possession, including Content, and all copies thereof, or destroy or delete all copies of the foregoing stored on any computer and storage media under persons’ control. Termination of this Agreement shall not relieve any unmet payment obligations owed to The Forecast. The Forecast shall have no obligation to return any User Content.

Login Required

In order to access the Services, persons will be asked to set up an account and password. Our account registration page requests certain personal information from them (“Registration Information”). Persons will have the ability to maintain and periodically update their Registration Information as seen fit. By registering, persons represent, warrant and agree that all information provided by them as Registration Information is true and accurate and that persons will maintain and update this information as required in order to keep it current, complete, and accurate.

Passwords and Security

If persons register for an account on the Site, persons agree that they are responsible for maintaining the security and confidentiality of password, and that they are fully responsible for all activities, and all charges that are incurred, under their account. Therefore, persons must take reasonable steps to ensure that others do not gain access to their password and account. Our staff will never ask for any Member’s password.

Disclosure to Third-Party Affiliates

Persons hereby grant us the right to disclose to third parties certain Registration Information about them. The information we obtain through persons’ use of this Site, including, but not limited to Registration Information, is subject to our Privacy Policy, to which persons agree.

Site Conduct and User Posting Policy

The purpose of The Forecast and its Services is to foster cooperative analysis for better understanding of the markets. Use of the Site and our Services is subject to all applicable laws and regulations, and persons are solely responsible for any comments, posts, information or other materials they transmit.

Content

For purposes of this Agreement, and subject to persons’ and our respective rights in User Content, “Content” is defined as the individual elements and compilation of any information, communications, published works, photos, videos, graphics, music, sounds, or other material that can be viewed or perceived on our Site, regardless of origin, including the compilation of all User Content presented on the Site. Persons agree that all Content presented on this Site is protected by applicable intellectual property laws of the United States and other countries, including but not limited to copyright and, as between persons and The Forecast, shall be regarded as the sole property of The Forecast and/or its Affiliates and their respective licensors.

The Site and Services

The Site and Services, including all computer software in source code, object code or other form, databases, indexing, search, and retrieval methods and routines, hypertext markup language code, active server pages, intranet pages, and similar materials, and all intellectual property and other rights, title, and interest therein, including copyrights, trade secrets, rights in patents, compilations, inventions, modifications, updates, extensions, enhancements, configurations, derivative works, discoveries, improvements, processes, methods, designs, know-how and underlying ideas and concepts, whether or not copyrightable or patentable, pertaining to any of the foregoing (all of which shall be deemed part of the Site and Services), whether conceived by The Forecast alone or in conjunction with others (collectively, “The Forecast IP”), are owned by The Forecast, its Affiliates and/or their respective licensors, and are protected by applicable intellectual property laws of the United States and other countries, including but not limited to copyright, and constitute trade secrets and confidential information of The Forecast. Persons agree to hold in confidence, and not disclose to any person or entity, all confidential information of The Forecast, which shall include User ID and password for the Services, nor use or disclose it for any purpose at any time.

 

Authorized use of the Services

Except for the rights expressly granted to persons in this Agreement, all rights in the Site and Services and all The Forecast IP and any other proprietary rights thereto, are and shall remain solely owned by The Forecast and its respective licensors and are hereby assigned to The Forecast. The Forecast reserves all rights not expressly granted to persons in this Agreement.

 

Trademarks; Service Marks

 All custom graphics, icons, logos and service names used by The Forecast are trademarks or registered trademarks of The Forecast and/or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants persons any right to use any trademark, service mark, and/or the name of The Forecast or its Affiliates, nor the right to exercise any of The Forecast’s exclusive copyrights except as expressly set forth herein.

Limitations on Use of Content

Except for a single copy made for personal use, persons may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site Content constitutes a material breach of this Agreement and violates our intellectual property rights and/or those of our licensors and could result in criminal or civil penalties in addition to termination of this Agreement.  Persons also agree and acknowledge that they will not:

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Content, Services or our Site;

  • “Frame” or “mirror” any Content, Services or portion of our Site 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, Site or Services; or

  • Harvest or collect information about users of the Services without their and our express consent.

 

No Warranty for Third-Party Infringement

Neither we nor our Affiliates warrant or represent that use of the Site, our Services, or any Content displayed on or obtained through this Site will not infringe the rights of third parties.

 

Third-Party Sites and Information 

This Site may redirect or link to other third-party websites, or may otherwise include references to information, products, or services made available by affiliated or unaffiliated third parties. While we make reasonable efforts to work with trusted, reputable providers, some websites may contain information, material, or policies that some persons may find inappropriate or personally objectionable. Persons understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites. The inclusion of such a link or reference is provided merely as a convenience, and does not imply endorsement of, or association with, the third-party website by us, or any warranty of any kind, either express or implied.

 

Promotions 

From time to time, this Site may include advertisements offered by third parties. Persons may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including, but not necessarily limited to, the delivery of, and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between persons and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

Disclaimer of Warranties

THE SITE AND ALL CONTENT AND SERVICES, INCLUDING THEIR FEATURES AND FUNCTIONALITY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SITE, CONTENT OR SERVICES WILL MEET PERSONS’ REQUIREMENTS; (B) THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY PERSONS FROM THE SITE FROM US OR OUR AFFILIATES OR ANY THIRD PARTY WILL MEET THEIR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.  THIS SITE, CONTENT AND SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AVAILABLE AT THIS SITE MAY BE OUT-OF-DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.  THE USE OF THIS SITE AND ANY SERVICES OR CONTENT IS SOLELY AT PERSONS’ OWN DISCRETION AND RISK, AND THEY AGREE THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM RESULTING THEREFROM, INCLUDING TO ANY COMPUTER SYSTEM OR LOSS OF DATA AND ANY OTHER DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES.  THROUGH PERSONS’ USE OF THE SITE, PERSONS MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS, COMPANIES, GROUPS, OR VENDORS. PERSONS ACKNOWLEDGE THAT ANY SUCH TRANSACTIONS ARE SOLELY BETWEEN PERSONS AND SUCH THIRD PARTIES, AND THAT The Forecast SHALL HAVE NO LIABILITY OR RESPONSIBILITY RELATED THERETO. 

 

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND PERSONS UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT THEIR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US, OR ANY OF OUR AFFILIATES.

 

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, CONTENT OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO PERSONS.

 

WE SHALL NOT BE LIABLE TO PERSONS OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE, OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONS. PLEASE CONSULT THE LAWS IN THE APPROPRIATE JURISDICTION.

 

Limitation of Liability and Indemnification 

The Forecast’S SOLE AND EXCLUSIVE LIABILITY, AND THAT OF ITS AFFILIATES, OWNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS, AND PERSONS’ EXCLUSIVE REMEDY, REGARDLESS OF THE THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT AND PERSONS’ USE OF THIS SITE, THE CONTENT AND OUR SERVICES SHALL BE LIMITED TO THE AMOUNT PERSONS’ PAID US FOR SERVICES FOR THE APPLICABLE SUBSCRIPTION TERM DURING WHICH THE INCIDENT WHICH GAVE RISE TO THE LIABILITY FIRST AROSE.  IN NO EVENT SHALL WE OR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, BE LIABLE TO PERSONS OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST OR DAMAGED DATA, TRADING LOSS OR PROFIT LOSS, BUSINESS INTERRUPTION, LOSS OF PRIVACY, LOSS OR DISCLOSURE OF CONFIDENTIAL INFORMATION, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, THE CONTENT AND OUR SERVICES OR OF ANY SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, NEITHER The Forecast NOR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, SHALL BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR SITE, SERVICES OR CONTENT, NOR FOR PROVIDING ASSISTANCE WITH REGARD TO ANY THIRD PARTY TRANSACTIONS, NOR FOR ANY PRODUCTS OR SERVICES PERSONS MAY PURCHASE FROM ANY THIRD PARTY BY RESPONDING TO THIRD PARTY OFFERS THROUGH THIS SITE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS WITH SUCH THIRD PARTIES. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL PERSONS. PLEASE CONSULT THE LAWS IN THE APPROPRIATE JURISDICTION.

 

Persons agree to defend, indemnify, and hold harmless The Forecast, our Affiliates, and each of their respective owners, employees and independent contractors from and against all liabilities, claims, and expenses, including, but not limited to, attorneys’ fees and costs, that may arise from or relate to: (a) persons’ use or misuse of this Site or our Services or Content; (b) persons’ User Content; (c) any breach of this Agreement for which persons are responsible; and/or (d) violation, misappropriation or infringement of any intellectual property or other rights of The Forecast and/or any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by persons, in which event persons will cooperate with us in asserting any available defenses.

Terms Generally

The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. The term “person” includes individuals, corporations, partnerships, trusts, other legal entities, organizations and associations, and any government or governmental agency or authority. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.” The word “term” shall be deemed to refer to any term, condition or other type of provision under this Agreement. The word “will” shall be deemed synonymous with “shall” when referring to the acts or obligations of a party. References to this Agreement in the context of any requirement of either party to perform in accordance with this Agreement shall be interpreted to refer to the terms of this document, and such other terms as are contained in any Exhibit.

 

Captions 

The captions in this agreement are for the convenience of reference only and shall not be used to interpret this Agreement. All dollar amounts stated in this Agreement are in U.S. dollars.

 

No Resale Right

Persons agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of, or access to this Site, or Services provided through this Site, beyond the limited rights granted to persons hereunder.

 

Force Majeure

Notwithstanding anything in this Agreement to the contrary, except for payment obligations, neither party will be liable for any breach of this Agreement or resulting damages from delay or failure with respect to any obligation hereunder, nor for any damages or loss of any kind, resulting from causes beyond its reasonable control, including acts of God, earthquake, storms or other elements of nature, labor disputes, blockages, embargoes, riots or other industrial disturbances, mechanical, electrical, electronic, telecommunications, Internet or other third party supplier delay or failure, acts or orders of any governmental authority, criminal acts, war or terrorism, including cyberattack or other malicious intrusion into or breach of security with respect to data or computer systems.

 

Savings Clause

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

No Waiver

Any failure by The Forecast to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.

 

Entire Agreement

This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may not be altered, supplemented, or amended by the use of any other document. To the extent that any other statement, term or condition in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

 

Feedback 

During the course of this Agreement or otherwise, persons may provide, or The Forecast may solicit, input regarding the Site and the Services, including comments, feedback or suggestions regarding the possible creation, modification, configuration, correction, improvement or enhancement of the Site and the Services, The Forecast’s web site or any of The Forecast or The Forecast’s Affiliates’ products or services, or their operation, functions or features (collectively, “Feedback”). Any information The Forecast discloses to persons related to or in response to Feedback shall be protected as Confidential Information of The Forecast. For the consideration provided to persons in the form of the right to use the Service, persons agree that The Forecast shall own all rights, title, and interest in and to the Feedback, even if persons have designated the Feedback as confidential. The Forecast and its Affiliates will be entitled to use the Feedback without restriction. Persons hereby irrevocably assign to The Forecast all rights, title, and interest in and to the Feedback and agree to provide The Forecast any reasonable assistance The Forecast may require to document, perfect, and maintain its rights in the Feedback.

 

Relationship of the parties

For purposes of this Agreement, neither party is an agent of the other, and neither party has any express or implied authority to act on behalf of, or make any representations whatsoever on behalf of, the other. Each party is an independent contractor with respect to the other and neither party shall have the power or authority to bind the other party to any contract or obligation.

 

Terms Generally 

The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. The term “person” includes individuals, corporations, partnerships, trusts, other legal entities, organizations and associations, and any government or governmental agency or authority. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.” The word “term” shall be deemed to refer to any term, condition or other type of provision under this Agreement. The word “will” shall be deemed synonymous with “shall” when referring to the acts or obligations of a party. References to this Agreement in the context of any requirement of either party to perform in accordance with this Agreement shall be interpreted to refer to the terms of this document, and such other terms as are contained in any Exhibit.

 

Captions 

The captions in this Agreement are for convenience of reference only and shall not be used to interpret this Agreement. All dollar amounts stated in this Agreement are in U.S. dollars.


Filing

The Forecast is incorporated in Wyoming as “Hedge Fund Z LLC” and doing business from Connecticut and New York.