TERMS OF USE / DISCLAIMER
TenViz LLC hereinafter referred to as the “Company” , provides a newsletter service through its website, www.tenviz.com. Said website and related emails are hereinafter together or individually referred to as the “Site”. By accessing any content of the Site, you, whether you are a member, Subscriber, free member or any other type of user, acknowledge that you have read and understood the following terms, conditions, policies, disclaimers, agreements, notices and restrictions, hereinafter referred to as “Terms of Use/Disclaimer”, and agree to be bound by them as well as all applicable laws and regulations:
1. No Financial Advice
The Company is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The Information on the Site is provided for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using the Company’s information to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. None of the information on our Site is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, Company, or fund. The Company is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.
2. Disclosure Policy
The Company’s affiliates or associates and/or its employees may hold positions in securities that are described on the Site. They may, from time to time, hold positions consistent or inconsistent with information contained on the Site, have no obligation to notify Subscribers in any way regarding said positions and shall have no liability to Subscribers that relates in any way to said positions. Their affiliation or relationship to the Company or its Subscribers shall in no way limit the positions they may hold or when they may hold them.
3. Risk Disclosure
There is a substantial amount of risk in trading securities, and the possibility exists that you can lose all, most or a portion of your capital. The Company does not, cannot and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The securities mentioned on the Site may not be suitable for investors depending on their specific investment objectives and financial condition. The information provided by the Company, including but not limited to its opinion and analyses, is based on financial models believed to be reliable but is not guaranteed, represented or warranted to be accurate or complete. The charts depict the results of our models and are not influenced by any other factors except the updated parameters which the models use. The models’ signals should not be construed to be investment advice. The information may contain forward-looking statements about various economic trends and strategies. You are cautioned that such forward-looking statements are subject to significant business, economic and competitive uncertainties and actual results could be materially different. There are no guarantees associated with any forecast and the opinions stated here could be wrong due to false signals from the models or the models being incorrectly structured, incorrectly updated and/or incorrectly interpreted. The signals, forecasts, the Site and the Company’s products and services, only express our opinion of various securities. Our opinion will be wrong at times because of the limitations of investment analysis. Investment analysis, whether fundamental, technical or any other form of investment analysis, cannot predict the future and is not a science that predicts precise and accurate results. Your use of any information from the Site is at your own risk and without recourse against the Company, its owners, directors, officers, employees or content providers.
4. Backtesting
The information from the Site is based on financial models, and trading signals are generated mathematically. All of the signals, timing systems, and forecasts are the result of backtesting and are therefore merely hypothetical. Trading signals or forecasts used to produce our results were derived from equations which were developed through hypothetical reasoning based on a variety of factors. Theoretical buy and sell methods were tested against the past to prove the profitability of those methods in the past. The performance generated through back testing has many and possibly serious limitations. We do not claim that the historical performance of the Company’s timing systems, signals or forecasts will be indicative of future results. There will be substantial and possibly extreme differences between historical performance and future performance. Past performance is no guarantee of future performance. There is no guarantee that out-of-sample performance will match that of prior in-sample performance. The Company does not claim or warrant that its timing systems, signals, forecasts, opinions or analyses are consistent, logical or free from hindsight or other bias or that the data used to generate signals in the backtests was available to investors on the dates for which theoretical signals were generated.
5. Privacy
The following data is stored: Your first and last name, your email address and your website address if entered. Stored data will not be shared with any third party. The site uses the standard cookies used by WordPress and Google Analytics that enhance your site experience, and for our site usage tracking, respectively.
6. Subscription and Cancellation
Upon registering, your membership application is complete and you will become a Free Subscriber. On upgrading to a particular Subscription Level your credit card will be immediately charged with the Subscription Amount. Your Subscription will be cancelled if, for any reason, the billing of your recurring Subscription Amount fails. You may cancel your subscription at any time, by either using the provisions on the site, or by notifying us by email. In either event, your recurring Subscription will be cancelled and Stripe will be instructed to cancel future Subscription Payments. When you cancel you will not be entitled to any refund of any subscription fee you paid for the remaining Subscription Period. However, your subscription will remain active until the end of the period you have paid for. The Company, at its sole discretion, may terminate the newsletter service at any time by notifying you by email four weeks in advance. All Subscriptions will be cancelled automatically at the time of notification. In this event, if you are on a yearly renewal basis, you will be entitled to a pro-rated refund of any fee you paid for the remaining Subscription Period beginning the first day of the calendar month in which the termination occurs.
7. Grant of Rights, Subscription Access, Use of the Site’s Content and Requirements
Subject to the limitations set out in this Agreement, the Company grants you a non-exclusive, non-transferable right to access and use the Site for the duration of the membership within the “fair use” provisions of the Copyright Act. The Log-In ID and password assigned to you may not be transferred, assigned or otherwise loaned (whether for temporary use or otherwise) in any manner whatsoever. As a Subscriber, you agree to provide, maintain and update complete and accurate information about yourself. You agree that you will not 1) use the Site in any way that will violate any international, national, state or local law or regulation 2) transfer or resell your use of or access to our Site to a third party or permit anyone else to use the Site through your subscription, email link, User I.D. or password or 3) Sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute materials from the Site in any manner, without the Company’s prior written consent. You are solely responsible for protecting the confidentiality of your password and User I.D.. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a Subscriber or member. You acknowledge that the Site contains or provides access to information, software, advertising and financial market information, including but not limited to, design, text, graphics, audio, video clips, images, links, financial analysis and research, other financial market data, and other material (collectively, the “Content”) that may be protected by copyright, trademark or other proprietary rights of the Company or third parties. All Content on the Site is copyrighted as a collective work of the Company pursuant to applicable copyright law. Unless otherwise indicated, the product and service names used in connection with the Site are trademarks or registered trademarks of the Company. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted in these terms and conditions or with the prior written consent of the Company. Content consisting of downloadable software may not be reverse engineered. You may download or copy the Content only for your own personal use, except as provided elsewhere in these terms and conditions, provided that you retain on such materials all copyright and other notices contained in such Content. The only exceptions to this paragraph are (a) as expressly permitted by the copyright laws, (b) with the express prior written permission of the Company or, if other than the Company, the owners of such Content, or their authorized agents.
8. User Submissions
If you transmit to, or otherwise provide to the Site any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Submissions”), such User Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such User Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the User Submissions to others without limitation. By transmitting such User Submissions to the Site, you are deemed to grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Submissions. You may post on the Site any User Submissions owned by you (such as your original statements) and User Submissions for which you have received express permission from the owner. You assume all risk and responsibility for determining whether the User Submissions is in the public domain. You grant the Company the right to edit, copy, publish, distribute, translate and otherwise use in any medium any User Submissions that you place on the Site without remuneration to you. You represent and warrant that you are authorized to grant all rights set forth in this paragraph.
9. Improper Transmission
You are prohibited from posting or transmitting to the Site, including our discussion forums, if any, any unsolicited chain letters or “spam”, or any confidential, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, any material that would violate the rights of privacy of any person, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, the Company will have no liability related to the content of any such communications. You are prohibited from posting on the Site any User Feedback or communications, in which you do not own the copyright, unless you have consent from the owner or the Content is in the public domain. You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations. You are also prohibited from impersonating any individual. The Company may, but is not obligated to, review or monitor areas on the Site, if any, where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. The Company is not responsible for the accuracy of any posted information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
10. Electronic Documents, Internet and Transmission Risks
We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. Information, updates of our newsletter, including but not limited to charts, signals and commentary are provided on the Site. There is no guarantee that we can provide this on a specific day, time or at all. We are not responsible for delays or interruptions in transmission of information due to acts of God, man-made or natural causes, whether said delays result from problems with Internet connectivity either by you, or us or by slowdowns of Internet transmittal or otherwise.
11. Disclaimer of Warranties and Limitation of Liability
a) Member expressly agrees that use of the Site is at his or her sole risk. Neither the Company, its affiliates, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of the Site will be uninterrupted or error free, or secure, that defects or errors will be corrected, or that the Site or the server(s) on which the Site is hosted will be free of viruses or other harmful components; nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Site. You assume complete responsibility and risk for your use of the Site and your reliance thereon. The Company has no obligation to update information on the Site or advice on future developments regarding topics mentioned or introduced. In the event that the Site refers to or contains links to other Internet websites or resources, we make no representation or warranty and hereby expressly deny that the Company has reviewed, approved, controls or endorses any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for any loss or damages caused or alleged to have been caused by the reliance on or use of any such content nor for the accuracy, legality, or inappropriate nature of any content, products, services, advertising, or information located in, on or through any other websites.
b) The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
c) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Member specifically acknowledges that the Company is not liable for the defamatory, offensive, or illegal conduct of other third parties, members, or other users of the forums and that the risk of injury from the foregoing rests entirely with each member.
d) In no event will the Company or any person or entity involved in creating, producing, or distributing content of the Site be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or trading losses) arising out of the use of or inability to use the Site or out of the breach of any warranty. Member hereby acknowledges that the provisions of this section shall apply to all content of the Site.
e) The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a member’s reliance on information obtained through the content on the Site. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site.
f) The Company does not endorse, warrant, or guarantee any product or service offered by a third party through the Site.
g) Under no circumstances shall the Company, its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys’ fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Site, even if the Company has been advised of such damages. If you are dissatisfied with any of the Site’s Information or other materials, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site. If the Company is found liable in connection with a claim arising out of or related to the services or the Site, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for a use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from the Company or its third-party providers.
12. Indemnification
Member agrees to indemnify and hold the Company, its parent, its employees, its officers, its agents and content providers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Member’s use of the Site or from Member’s violation of this Agreement or any third party’s rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and Member’s use of the Site.
13. Termination
The Company has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party.
Last updated Jan 2, 2020