Terms of Service
Effective Date: July 18, 2023
1. PROPRIETARY INFORMATION
The Services, including but not limited to, text, images, audio and visual displays, cartoons, designs, graphics, applications, software, music, audio files, articles, directories, guides, trademarks, service marks, trade names, trade dress, copyright materials, logos, domain names, code, patents, patentable ideas, information, and the artistic arrangement or collection of any or all of the same, and HTML used to generate the pages (all included in the definition of Content), as between you and the Company, are property of the Company or that of the Company’s suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws.
2. USE OF THE WEBSITE AND SERVICES
a. Non-commercial Use Limitation
The Website and the Services are for your internal personal or business (as the case may be) use, unless otherwise specified in writing. You may not use the Services for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company’s sole and absolute discretion.
b. No Sharing or Redistribution
You agree not to reproduce, redistribute or share any of the Content or other information provided by, through, or in connection with the Website or Services to any other person, including posting, framing or publishing any Content on any third-party website or social media platform without express written permission by the Company. You further agree not to share access to any of the services. You may not use a group email address to subscribe to or access the Newsletters.
c. Restrictions on Use
In using the Services, you further agree not to: (a) infringe upon the intellectual property rights of the Company or any third-party in using the Services; (b) impersonate another person, indicate that you are an agent or employee of the Company, or attempt to mislead Subscribers or guests by indicating that you represent the Company or any of the Company's licensors or affiliates; (c) engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software for the purpose of accessing the Services; (d) modify, delete or create derivative works of the Services; (e) remove or alter any legal notice, including any copyright management information, or any other notice or name or mark of the Company or its suppliers that appears in or is affixed to the Website or any of the Services; (f) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; interfere with, hack into or decipher any transmissions to or from the servers running the Website or the Services; (g) use “crawlers”, “bots”, “spiders”, “scripts”, “robots”, browser plug-ins, browser extensions or other automated devices or schemes to scrape, collect, modify the appearance of, or deep-link to, Content; or to override, bypass or circumvent the security features or access controls of the Website; (h) use information provided on or in connection with the Website or the Services for any purpose that is not authorized by a license or permission granted by the Company herein; (i) upload, transmit, post or otherwise contribute to the Services, any information for any unlawful or offensive purpose, including information that is (A) copyright protected or otherwise owned by a third-party without permission from the owner or (B) confidential or non-public information that is protected by a duty of trust or confidence or was obtained by any unlawful, deceptive or unauthorized means or by way of misappropriation of access or authority.
a. Subscription Levels and Payments
We offer different levels of subscription to Demography Unplugged Services, including both paid and free Newsletters. By subscribing to a paid Newsletter, you agree to provide your payment information to Stripe, our third-party payment processor. Additionally, you grant Stripe and the Company the right to charge your provided payment method in accordance with the terms of payment (“Terms of Payment”), which shall include: (i.) all applicable fees and charges for the Newsletter subscription; (ii.) the effective date of your Subscription; and (iii.) the duration of your subscription (“Paid Subscription Term”). Terms of Payment shall be communicated to you during the subscription check-out process and through a confirmation email sent to the email address you provide during registration. By submitting payment for a paid Newsletter subscription, you acknowledge and agree that paid Newsletter subscriptions automatically renew at the end of the Paid Subscription Term and that Newsletter payments are non-refundable during the Paid Subscription Term. If you unsubscribe from a paid Newsletter during the Paid Subscription Term, you will continue to receive the Newsletter until the end of the Paid Subscription Term. Thereafter, you will no longer be charged, and your subscription shall be converted into a free Newsletter subscription which may be canceled per the instructions below.
b. Unsubscribing or canceling your Newsletter subscription
You may unsubscribe from an unpaid Newsletter subscription by completing the “unsubscribe,” function made available to you through the Newsletter or in your Substack account setting page. You may cancel your paid Newsletter subscription in your Substack account settings page. You may also unsubscribe from an unpaid Newsletter subscription or cancel a paid Newsletter subscription by notifying us via email at email@example.com. Please be advised, Newsletter payments are non-refundable during the Paid Subscription Term.
4. CONTENT FOR INFORMATIONAL AND EDUCATIONAL PURPOSES
The information included on the Website and otherwise in the Services is for informational and educational purposes only, and is not investment advice, legal advice, or tax advice, and should not be construed as such. Further, the information in the Services should not be construed as an offer to sell, or a solicitation of an offer to buy, any security or investment vehicle.
The Website or Newsletters may offer forums or communication facilities designed to allow you to communicate with the internet community or other Demography Unplugged subscribers, such as community forums, comment sections, or Q&A sessions. If you submit, post, or upload any Content on the Website or such forums, including but not limited to Q&A questions, comments, messages, reviews, and other text (each, a "Submission"), you represent to us that you have all the necessary legal rights to upload, post or submit such Content and it will not violate any law or the rights of any person. Further, you hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Submissions and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
If you provide Company with any feedback or suggestions regarding the Services via email, social media or otherwise (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary and in no event should you submit to Company any information that may in any way constitute material non-public information.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND NEWSLETTER ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
8. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DISPUTE WITH THE COMPANY, ITS, SUPPLIERS, SERVICE PROVIDERS OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, CONTENT AUTHORS OR PROVIDERS, OFFICERS, MEMBERS OR DIRECTORS) IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR SUBSCRIPTION, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS, SUPPLIERS, OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, CONTENT AUTHORS OR PROVIDERS, OFFICERS, MEMBERS OR DIRECTORS) BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ASSOCIATED WITH THE WEBSITE, SERVICES, OR CONTENT.
MOREOVER, IN NO CASE SHALL THE COMPANY, ITS SERVICE PROVIDERS, SUPPLIERS OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, CONTENT AUTHORS OR PROVIDERS, OFFICERS, MEMBERS OR DIRECTORS) BE LIABLE TO YOU OR ANYONE DERIVING RIGHTS FROM YOU IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICES DURING THE ONE (1) YEAR PERIOD PRIOR TO THE DATE ON WHICH YOUR CLAIM PURPORTEDLY AROSE. IN NO CASE SHALL ANY OF SUCH PERSONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THEFT OR LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) RELATINGING IN ANY WAY TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR CONTENT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER SUCH ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. THIRD-PARTY LINKS
The Services may include links or references to websites or services that are maintained, owned, operated and/or provided by third parties. The Company is not responsible for and does not assume responsibility for any content or practice of any such website or service. Your use of any such website or service is entirely at your own risk. The Company provides such links and/or references solely as a convenience to you and not as an endorsement or approval thereof. The Company makes no warranties of any kind in relation to such websites and/or services.
12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY AND TAKE-DOWN PROVISION
We respect the intellectual property rights of others and expect our users to do the same. To that end, and in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, the Company has implemented procedures for reporting instances of copyright infringement. If you are a copyright holder, or its authorized representative, and believe in good faith that any content residing or accessible on or through the Services infringes your copyrighted work, you may submit a notice of copyright infringement by emailing firstname.lastname@example.org or by sending a written notice of copyright infringement to Hedgeye’s Legal Department:
C/o Hedgeye Risk Management, LLC
Attn: Legal Department
1 High Ridge Park
Stamford, CT 06905
The notice of copyright infringement should provide the following information:
A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such work).
A description of the material on our website that you claim is infringing.
Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).
Your contact information, including your address, telephone number and email address.
A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your physical or electronic signature (typing your full legal name is sufficient).
Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to the party who posted the alleged infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, we will notify the party that the content has been removed or disabled. It is also our policy, in appropriate circumstances, and in our sole discretion, to suspend or terminate the accounts of subscribers who flagrantly or repeatedly post infringing content.
13. GOVERNING LAW AND JURISDICTION