The following describes the terms and conditions (the “Terms and Conditions”) upon which macroTOMI (the “Company” or the “Provider” or “We”) offers access to the Internet site found at wwwmacrotomi.com and including any related sub-domains and/or mobile applications thereof (respectively known as, the “Site” or “App”, and together the “Services”) to you the user or customer, (“you” or “User”)“.
YOU MUST BE OVER THE AGE OF 18YEARS TO USE OUR SITE.
IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE USE OF OUR SITE IMMEDIATELY, AND YOU ARE NOT ALLOWED TO USE OUR SITE.
We reserve the right to amend, remove, add to or update these terms and conditions at any time and it is the responsibility of the user to check for recent updates – check for “LAST MODIFIED” and the date.
You understand and agree that We may discontinue services or use of our site at any time without prior notification and without reason.
2. IMPORTANT RISK DISCLOSURE
IN NO EVENT SHALL MACROTOMI, ITS EMPLOYEES, CONTRIBUTORS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICES OR THE SERVICES THEMSELVES.
THE SERVICES, AND ANY MATERIAL AND/OR CONTENT APPEARING THEREON (“CONTENT” or “SITE CONTET”) ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. MACROTOMI, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICES, OR THE SERVICES THEMSELVES, AND MACROTOMI HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
MactoTOMI is a publisher. The Site, the Site Content and the information therein does not include, nor shall it be construed as including, advice, guidance or recommendations to take, or not to take, any actions or decisions in relation to any matter, including in relation to investments or the purchase or sale of any securities, shares or other assets of any kind. To the extent information obtained through the Site or the Site Content may be deemed to be investment advice, such information is impersonal and not adapted to any particular User, client, investor or investment program. You, the User, acknowledge that information obtained through the Site or the Site Content is not tailored for you or any specific person and should never be used as a substitute for financial or other professional advice. You, the User, should not treat any opinions or views expressed on the Site or in the Site Content as a recommendation to make any particular investment. Should you take any such action or decision based on information in the Site or the Site Content, you do so entirely at your own risk. MacroTOMI, its affiliates and their respective representatives shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or the Site Content, and shall not be responsible or liable for any trading or investment decisions made based on such information.
IN NO EVENT SHALL MACROTOMI, ITS EMPLOYEES, CONTRIBUTORS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICES, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICESAND ANY CONTENT ON THEREON.
Past performance is not indicative of future results. Investments and strategies described on the Site and Site Content are speculative and involve significant risk. There is no guarantee that any strategy, investment or investment model discussed will be successful and actual results may differ substantially from any projections. Every investment has the potential for loss as well as profit.
The information contained within the Site Content is from sources which MacroTOMI believes to be accurate, including third party contributors. MacroTOMI makes no warranty as to the completeness or accuracy of information obtained from such third parties, nor can it accept responsibility for errors of such third parties appearing on the Site or in the Site 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.
Employees of MacroTOMI and contributors to the Site may hold or trade in positions in securities or commodities mentioned on the Site for their own account.
Certain of the Site Content constitutes “forward-looking statements” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “project,” “continue” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Any projections, market outlooks or estimates on the Site are forward-looking statements and are based upon certain assumptions. Due to various risks and uncertainties, actual market events, opportunities or results or strategies may differ materially from those reflected in or contemplated by such forward-looking statements and any such projections, outlooks or assumptions should not be construed to be indicative of the actual events which will occur.
You, the User, are free to use the site without any registration, you may browse all areas of the Site or use the parts of the Services that are not limited to Members only (future). When you register, you will be asked to provide a name, email address and/or other piece of information as part of our procedures.
You may not use the Services in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission;
You may not use the Services in connection with material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with these Terms and Conditions including any of our policies;
4. CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
5. SITE ACCESSIBILITY
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of website use and other applicable terms and conditions, and that they comply with all of them.
6. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of, or otherwise have permission to use, all intellectual property rights on our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
If any pages are permitted to be downloaded from our site, you agree to not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you agree not use any illustrations, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of our site in breach of these terms of website use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must instruct all persons who access our site through your internet connection to comply with these rules
7. NO RELIANCE ON SITE CONTENT OR INFORMATION
The content on our site is provided for general information only. You, the Use, acknowledge and agree that It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
8. LIMITED LIABILITY
If you are a consumer, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. We will take normal precautions to keep the data you provide safe, but we are not responsible for the loss of any data due to hacking, factors beyond our control or due to our own negligence.
The views expressed by other users on our site do not represent our views or values.
MacroTOMI may integrate advertising and links to third party websites within the Tools but does not endorse such advertising or the content and services which are provided on third party websites accessible via the Tools. You will not modify, remove, change, edit, amend, alter, cover, hide, block, obscure, bypass or reorder any aspect of the advertising and links which are referred to above.
You will not be entitled to any compensation in connection with the integration of the advertisement within the Tools.
9. SYSTEM VIRUSES OR TROJANS
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offense. We will report any such breach to relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You agree to defend, indemnify, and hold us (and our officers, directors, employees, contributors and agents), harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable attorney’s fees and costs, arising from of or in any way connected with (i) access to or use of our site by you and/or any member of your corporate or group or (ii) violation by you and/or any member of your corporate or group of these terms of website use or of any third party right (for example but without limitation, an intellectual property right, publicity, confidentiality, property or privacy right).
Applicable Law: These terms of website use, its subject matter and its formation, are governed by New York State law. You and we both agree to the courts of the Southern District of New York State as will having exclusive jurisdiction.
Severability and Waiver:If any provision of these terms of website use is held to be invalid or unenforceable, the remaining provisions will continue to be of full force and effect. Our election not to enforce (immediately or otherwise) any right or provision of these terms of website use will not constitute a waiver of such right or provision.
“LAST MODIFIED – August 17, 2020”