Terms and Conditions
Terms and Conditions of Service: All use of this website is subject to the terms and conditions of service (the "Terms") of National Inflation Association, LLC ("NIA" or the "Company"). By accessing and using any portion of this website or any service on this website (collectively, the "Service" and including any individual associated with the Service or any affiliate), you represent that you have read, understood and agree to be bound by the Terms. These Terms represent a binding contract between you and NIA. If you do not agree with any of the Terms, please discontinue your use of the Service.
1. The Service includes various reports, analyses, opinions, charts and other information regarding investments, economic developments and general business conditions (collectively, the "Reports").
2. The Reports are not intended to and do not provide individualized advice or recommendations for any particular individual's investment portfolio and nothing contained therein should be construed as the provision of such advice. NIA is not an investment advisor, a broker-dealer or other type of financial services firm. The Reports are presented for general information purposes only, and the Reports do not take into account any particular individual's financial situation or investment objectives. You should not contact any of the authors or creators of the Reports (the "Authors"), or any other individual associated with the Service, to discuss any of your personal investments, as no such individual is authorized to engage in such a discussion.
3. You should make an individual decision whether to follow any suggestion contained in the Reports. Such a decision should be based upon your own evaluation of all available information, including your personal financial situation and investment objectives, the prospectus and other public filings of the issuer of any securities in which you might invest and all other relevant considerations. These considerations may include, but should not be limited to, any suggestions contained in the Reports. You solely are responsible for any action that you take based on information contained in the Reports.
4. Investing involves substantial risk. NIA makes no guarantee or other promise as to any results that may be obtained from your use of information contained in the Reports. Past performance of investments should not be considered indicative of future performance. If you decide to invest based on any suggestions contained in the Reports, you should know that you may sustain a total loss of the value of your investment and of all transaction costs. You should, therefore, carefully consider whether such trading is suitable for you in light of your financial condition. The Reports cannot disclose all of the risks involved in making investments. You should, therefore, carefully and independently consider the risks in making any investment, consulting with your personal financial advisor to the extent you believe necessary.
5. The information provided in the Reports is obtained from sources which the Authors and NIA generally believe to be reliable. However, the Authors and NIA have not independently verified or otherwise investigated all such sources of information. NIA does not represent, warrant or guarantee, either explicitly or implicitly, the accuracy or completeness of any information provided in the Reports. NIA is not responsible for any errors or omissions in any Report, regardless of whether they occurred due to the fault of NIA.
6. The Reports' commentary, analysis, opinions, advice and suggestions represent the personal and subjective views and opinions of the applicable Authors, which are subject to change at any time without notice. NIA is under no obligation to update or correct any Reports previously provided to you. The views and opinions of the Authors are their personal opinions and do not reflect the opinions of NIA or its affiliates, management, directors and officers.
7. The Service and the Reports do not constitute a solicitation or offer to buy or sell any securities.
8. NIA and NIA's affiliates, management, directors, officers and employees will not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, whether or not foreseeable, if any information, commentary, analysis, opinions, advice and/or suggestions in the Reports proves to be inaccurate, incomplete or unreliable or in the event that you experience investment losses or damages arising out of any decision made by you or action taking by you in at least partial reliance on the information, commentary, analysis, opinions, advice and/or suggestions contained in the Reports, whether such investment losses or damages are caused in whole or in part by the negligence of any party associated or affiliated with NIA or NIA's affiliates, management, directors, officers and employees.
NIA and NIA's affiliates, management, directors, officers and employees will not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, whether or not foreseeable, for (i) any general or specific decline in the market value of any securities; (ii) your inability to use or any delay in accessing the Service or any other sources of materials provided by the Service; (iii) any absence of material on the Service; (iv) the Service's failure to deliver or delay in delivering any materials; (v) any kind of error by the Service in transmission of materials; or (vi) your use of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. You acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of the Terms by NIA.
9. From time to time, the Authors, NIA's affiliates, management, directors, officers and employees or other persons associated with the Service may hold or sell a position in a security discussed or recommended in the Reports. Because individuals' investment objectives and strategies vary, there may be times that such persons' investment decisions may be inconsistent with or even contradictory to the discussion or recommendation in the Reports. No company featured has paid a fee or otherwise compensated NIA or NIA's affiliates, management, directors, officers and employees for any information or recommendations contained in the Reports.
10. NIA reserves the right at all times to employ or terminate the services of any Author, including any investment analyst, without prior notice to anyone, including subscribers to the Service.
11. NIA's co-founders may have previously disseminated some of the information contained in its Reports to subscribers of their personal newsletters.
Intellectual Property: The Service, including, but not limited to, text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works.
Restrictions on Use: You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with NIA's business. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by NIA and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of NIA and such others.
You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Service, except that you may download or make one print copy of the content included in the Service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in the Service may not be recirculated, redistributed or published without prior written consent from NIA. Modification of the Service's content is a violation of NIA's copyright. No part of this service may be offered for sale or distributed. You hereby agree to abide by all additional copyright notices or restrictions contained in the Service.
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the Terms. Should you choose to download content from the Service, you must do so in accordance with the Terms. Such download is licensed to you by NIA only for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.
Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and NIA, at all times be and remain the sole and exclusive property of NIA. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to NIA for NIA's exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of NIA or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without NIA's prior written approval. NIA actively protects the Intellectual Property Rights to the fullest extent permitted by the law.
No Warranties: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements, are provided "AS IS," and that NIA and its affiliates, management, directors, officers, employees and agents make no representation or warranty of any kind, express or implied, as to the Service or anything contained therein, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Reliance on the Service or anything contained therein is at your own risk. NIA and its affiliates, management, directors, officers, employees and agents also make no representation or warranty of any kind, express or implied, as to the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links or other items contained in the Service or the results obtained from accessing and using the Service. NIA and its affiliates, management, directors, officers, employees and agents further do not represent or warrant that the Service will function adequately, that defects to the Service will be corrected or that the Service will be free from viruses. You assume all costs of repair to your computer for any damage from accessing the Service.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NIA, ITS AFFILIATES, ITS MANAGEMENT, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS SUPPLIERS AND ANY THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ONE OF NIA'S AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM YOUR USE OF, RELIANCE ON OR INABILITY TO USE THE SERVICE, SUCH POSSIBLE LOSSES TO INCLUDE, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall NIA's, its affiliates', its management's, its directors', its officer's, its employees', its suppliers' or any third party agents' liability to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Service.
Indemnification: As a condition to the use of the Service, you agree, at your own expense, to indemnify, defend, and hold harmless NIA and NIA's affiliates, management, directors, officers, employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against NIA or its affiliates, management, directors, officers, employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against NIA or its affiliates, management, directors, officers, employees, representatives, suppliers and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer's use of the Service; a violation of the Terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any intellectual property right of any third party or any right of personality or publicity, is libelous or defamatory or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Amendment of Terms: NIA reserves the right to amend the Terms at its discretion and any such amendment to the Terms will become effective immediately upon posting. Your use of the Service any time following any amendments to the Terms constitutes acceptance of such changes.
Termination: NIA has the right to immediately terminate the Terms in the event of any breach of the Terms by you. NIA may discontinue or change this website, or make this website no longer available to you, at any time and for any reason.
Governing Law: The Terms shall be governed and construed in accordance with the laws of the United States and the State of New Jersey, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of New Jersey with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.
Foreign Jurisdictions: NIA and its affiliates, management, directors, officers and employees do not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws.
Amendment to Service: You accept that NIA has the right to change the content or functionality of any aspect of the Service at any time at its sole discretion.
Assignment: The Terms shall inure to the benefit of and shall be binding upon you and NIA and your and its respective heirs, executors, personal representatives, successors and permitted assigns. NIA may assign the Terms and any benefits granted hereunder without the prior consent of you. You may not assign your rights or obligations to any other person or entity without NIA's prior written approval.
Non-Waiver: The failure of NIA to insist upon strict compliance by you with any provision of the Terms shall not waive NIA's future rights to enforce such provision.
Severability of Terms: If any provision of the Terms is found invalid or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.
Agreement in entirety: The Terms constitute the entire agreement between you and NIA and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter hereof.
ACKNOWLEDGEMENT AND AGREEMENT
Not withstanding any other agreement or other communications between NIA and you to the contrary, receipt or use of any material provided by NIA, at any time and through any means, whether directly or indirectly, represents acknowledgement and agreement by you that such materials shall be subject to all disclaimers contained herein.
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