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THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY 13D Research & Strategy, LLC. (HEREINAFTER “13D”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY 13D AT ANY TIME AT ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

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You may use this site for purposes expressly permitted by this site and, if you are a Subscriber, by your 13D Master Subscription Agreement (hereinafter “Subscription Agreement”). You may not use this site for any other purpose, including any commercial purpose, without 13D’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to the subscriber’s sections of this site, without the express prior written permission of an authorized representative of 13D. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with 13D in causing any unauthorized co-branding, framing or hyper-linking immediately to cease

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Indemnity
You will indemnify and hold 13D, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13D Indices.  Subscriber agrees and acknowledges that the 13D indices available on the Site (the “13D Indices”) are virtual and the index returns displayed do not represent the results of the actual trading of securities. Virtual trading does not involve financial risk, and no virtual trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular investment program in spite of losses are material points which can also adversely affect actual results. There are numerous other factors related to the markets in general or to the implementation of any specific investment program which cannot be fully accounted for in the preparation of virtual performance results and all of which can adversely affect actual results. The 13D Indices are impersonal and not tailored to the needs of any person, entity, group, or investment purpose. The 13D Indices information is not an offer or recommendation to buy or sell or a solicitation to buy or sell any security, instrument or other asset or to participate in any particular trading strategy. Subscriber agrees to assume the entire risk of any use by Subscriber directly or indirectly of the 13D Indices. Past performance of an index is not indicative of or a guarantee for future results nor should it be interpreted as analysis, forecast or prediction.  It is not possible to invest directly in 13D Indices. 13D does not sponsor, endorse, sell, promote, or manage investment funds. The performance investors might achieve from active investing may differ from those shown in the 13D Indices due to differences in timing, brokerage expenses, and management fees associated with unique investments in a portfolio. No such fees are deducted from the returns shown in the 13D Indices. Constituents of all 13D Indices are selected by the 13D analyst team and may not adhere to a rules-based methodology. Performance calculations are unaudited and based on gross total returns and are subject to revision upon updates to the underlying data. The 13D Indices information provided is not intended as investment advice and should not be interpreted as such or relied upon to make any investment decisions. All data and charts presented on the 13D Indices platform are the property of 13D.  Without limiting the generality of the foregoing and without 13D’s prior written consent, Subscriber may not use the 13D Indices and data or any other 13D Intellectual Property accessed by Subscriber as the basis for any financial instruments, services or products (including, without limitation, passively managed funds and index-linked derivative securities). 

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Security
Any passwords used for this site are for individual use only and are governed by the 13D Research & Strategy Services Agreement, as well as this Terms of Use. You will be responsible for the security of your password. 13D will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that 13D considers insecure, 13D will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, 13D reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. 13D reserves the right to investigate suspected violations of these Terms of Use.

13D reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing 13D to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS 13D FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 13D DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER 13D OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York (“NY”), notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in NY in connection with any dispute between you and 13D arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the jurisdictional courts in NY. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. 13D may revise these Terms of Use at any time by updating this posting.

Covenants, Representations, AND Warranties.

1. The Subscription Publications are based on and are derived from information and sources generally available to the public and reasonably believed by 13D to be reliable for the purposes used by 13D. 13D has not independently verified such third party information and does not make any representations as to its accuracy or completeness. 13D agrees to act in accordance with applicable laws and regulations relating to the misuse of insider information or material non-public information. 13D agrees to not knowingly obtain or attempt to obtain any information in a manner which is contrary to applicable legal or regulatory requirements.

2. 13D represents and warrants to Subscriber that it has sufficient right, title, and interest in the Products and authority to enter into and perform its duties under this Agreement. To the knowledge of 13D, the Subscription Publications will not contain, or be based on, insider information or be provided knowingly in violation of applicable laws, including by misrepresentation, misappropriation or other unlawful means. To the knowledge of 13D, the Subscription Publications will not infringe any intellectual property rights of any third party.

3. Subscriber represents, covenants, and warrants to 13D that it has sufficient authority to enter into and perform its duties under this Agreement and Subscriber and each Registered User(s) will use the Products only in compliance with the terms and conditions of this Agreement, along with all applicable laws and regulations. Subscriber represents and warrants that it will not transmit the Products, or any part thereof, pursuant to this Agreement, to any third parties, except the Registered User(s), without 13D’s prior written consent. Subscriber will be permitted to share Products to its own professional advisors, such as legal, compliance, cybersecurity, IT, accounting and administration, on a need-to-know basis and for purposes not directly related to the intended use of the Products, and such recipients of the Products are subject to substantially similar confidentiality terms as those in this Agreement.

4. Subscriber acknowledges and agrees that 13D and/or its affiliates, officers, members and employees (collectively, the “13D Persons”) may own securities issued by or with respect to any of the companies discussed or otherwise mentioned in the Subscription Publications or companies that are included in the 13D Indices (as defined below). The 13D Persons may reduce, eliminate or add to their positions in such securities or sell short securities of any such companies at any time in their sole discretion and without notice, irrespective of whether such actions are contrary to or inconsistent with any forecasts or price targets with respect to such companies that are contained in the Subscription Publications or whether such companies are included in the 13D Indices.

Copyright Notice
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What I Learned This Week and What Are The Markets Telling Us? are also available in print.

Last updated: December 17th, 2024