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Terms and Conditions of Use

 

Effective Date:  This Terms and Conditions of Use Agreement was last updated on 13 July 2010.

 

THIS IS AN AGREEMENT.    PLEASE READ CAREFULLY THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE INFERENTIAL FOCUS PUBLICATIONS.    BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT.    IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS SITE.

BY USING FINARC.CH’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS.    YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS FINARC.CH MAY MAKE AT ANY TIME.    YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

 

Contact Information:  FINARC (Financial Analysis Research Consulting) SA

Address:  Boulevard Helvétique 36, CH 1207 Geneva, Switzerland

Customer Service Email:     This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Telephone:          +41 22 786 70 10

Website:        http://www.finarc.ch

 

1. Definitions

  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
  • “Single-User Subscriber” refers to a Subscriber who purchases a subscription to the Online Inferential Focus publication for one (1) User.
  • “Multi-User Subscriber” refers to a Subscriber who purchases a subscription to the Online Inferential Focus publication for multiple Users.
  • “Subscriber” refers to any person or entity that purchases or uses a subscription to the Online Inferential Focus publication, and may be a Single-User Subscriber, Multi-User Subscriber, or gift subscription recipient.

 

2.   Registration

To have Access to the Site, You must become a USER.    When and if You REGISTER to become a USER, You agree to (a) provide accurate, current, and complete information as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete.    You acknowledge that, if any information provided by You is untrue, inaccurate, not current, or incomplete, Finarc.ch may terminate this Agreement and your use of the Site.    As part of the Registration process, You will be asked to select a “username” and “password”.    Finarc.ch may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason, as determined by finarc.ch in its sole discretion.    You agree not to transfer or resell your Use of or Access to the Site to any third party.    If You Register and/or Subscribe to the Inferential Focus and You have reason to believe that Your Account is no longer secure, You must promptly change your Password by updating your Account information, and immediately notify Finarc.ch by Emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .    YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSOWRD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

3.   Modification of Terms

Finarc.ch reserves the right to modify these Terms at any time without prior notification.    Except as otherwise stated herein, any change to these Terms is effective immediately.    Finarc.ch may or may not, at its sole discretion, give prior notice to the User.    Notice can be given by e-mail, a posting on the Site or any other means by which a User may obtain notice.    User agrees to check the Site periodically for changes to these Terms.    Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

 

4.   Disclaimer of Warranties

This Site is provided by Finarc.ch on an “as is” and on an “as available” basis.    To the fullest extent permitted by applicable law, Finarc.ch makes no representation or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise.    Finarc.ch shall have no liability for any interruptions in the use of this Site.

 

5.   Limitation of Liability

Finarc.ch, the founder Cosima F. Barone, its content providers, employees, officers, directors and affiliates (collectively “The Company”) SHALL NOT be liable for any damages whatsoever, and in particular the company shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS arising out of or related the Site and the Inferential Focus publication, or the information contained in both, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the company has been advised of the possibility of such damages.

 

6.   Investment Disclaimer

User understands the Site may contain information about various types of investments, investment strategies, or investment philosophies, but that this information and Content does not constitute “advice” related to User’s personal financial situation, nor does it constitute any “recommendation” on how to invest User’s portfolio of assets.    No investment strategy, investment philosophy, or investment discussed or presented on the Site is “suitable” for any specific person or situation.    None of the information on the Site constitutes a solicitation to buy or sell any security or investment.    User understands that opinions regarding investments, investment strategies, or investment philosophies discussed or presented on the Site each involve their own unique risk factors or considerations; these risk factors are not discussed on the Site.    THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE SITE, OR AS A RESULT OF MARKET RISKS.    INVEST AT YOUR OWN RISK.

 

7.   Timeliness/Accuracy of Information

User understands that information on the Site is based on sources Finarc.ch and/or its affiliates or contributors believe to be reliable, but its accuracy and/or completeness is not guaranteed.    User understands that information and data on the Site may not be applicable, up-to-date, or accurate.    In particular, User understands that any price information on the Site is not intended to be up-to-date, and should not be used or relied upon as accurate, nor should it be used or relied upon to make a decision to buy or sell any investment.    INVEST AT YOUR OWN RISK.

 

8.   Limited Access License

Finarc.ch hereby grants each Subscriber a limited, non-exclusive, non-sub-licensable and non-transferable license to Access the content and information available in the Site according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms.

Each Multi-User Subscriber may only allow its employees to access the Inferential Focus publication.    If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees shall no longer have Access to the Inferential Focus publication.    Each Multi-User Subscriber agrees that the Inferential Focus publication may not be Accessed by more than the authorized number of Users purchased by the Multi-User Subscriber.    Each User shall be authorized to Access the Inferential Focus publication from any Internet connection.

A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.

 

9.   Fees and Refund Policies

Single-User Subscribers

  • Access to Standard Content
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
  • Right of Access to the Inferential Focus publication granted under these Terms is effective only upon payment of the subscription fees

Multi-User Subscribers

Same Terms as for Single-User Subscribers apply.

Gift Subscriptions

Gift subscriptions for Access to the Inferential Focus publication are available for purchase on the Site.    After a person purchases a gift subscription, Finarc.ch will send a welcome email to the recipient informing him/her of the gift subscription.

Gift Subscription Terms and Conditions:

  • No refunds
  • No exchange or surrender for cash value
  • If an existing Subscriber receives a Standard gift subscription, Finarc.ch will commence the gift subscription after the termination of the person’s existing subscription
  • A recipient’s use of a gift subscription constitutes acceptance of and agreement to these Terms

 

10.      Access to the Inferential Focus publication - Modification of Content

Finarc.ch strives to provide the Inferential Focus publication to its Subscribers on a continuous basis.    To that end, Finarc.ch will take all commercially reasonable efforts to provide uninterrupted Access to the Inferential Focus publication to its Subscribers.    However, from time to time, Subscribers may be unable to Access the Inferential Focus publication due to conditions beyond Finarc.ch's control.    Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law.    Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons.    In response to any unavailability of the Inferential Focus publication to its Subscribers, Finarc.ch will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time.

Finarc.ch endeavors to provide the highest quality content to its Subscribers.    To that end, Finarc.ch reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site.    Such changes, modifications, additions or deletions will be effective immediately without prior notification.    Finarc.ch, in its sole discretion, may elect to notify Users by Email or by posting such changes on this Site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

 

11.      Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Finarc.ch’s computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
  • Permit or provide others Access to the Inferential Focus publication using Your user name and password or otherwise, or the name and password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
  • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
  • Violate or attempt to violate Finarc.ch’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or finarc.ch.
  • Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by finarc.ch.
  • Post unethical or illegal material on the Site; post a communication that advocates or encourages unethical conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods or services on the Site.
  • Provide any commercial hosting service with Access to the Site and/or the content on the Site.

 

To ensure that Users of the Site do not engage in Prohibited Conduct, Finarc.ch reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Site and to the Inferential Focus publication to any person or entity whose use of the Site and of the Inferential Focus publication suggests Prohibited Conduct.    Access of the materials available at the Site and the Inferential Focus publication beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OTL and will result in revocation or denial of Access to the Inferential Focus publication. The terms “normal patterns” and “abuse” shall be determined solely by Finarc.ch.

 

12.      LIMITED WARRANTIES

Finarc.ch warrants that the software that allows Users to Access the Site and the Inferential Focus publication, if operated as directed, will substantially achieve the functionality described on the Site.    FINARC.CH PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

ALTHOUGH FINARC.CH HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

 

13.      DISCLAIMERS AND LIMITATION OF LIABILITY

Third Party Content; Hyperlinks

Finarc.ch may contain links and references to other third party websites.    Finarc.ch does not assume any responsibility for these websites and provides these links solely for the convenience of Users.    Finarc.ch does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered.    Finarc.ch may disable any hyperlink to the Site. Finarc.ch has the right but not obligation to monitor third party websites and hyperlinks to the Site.

FINARC:CH MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES.    THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.    ADDITIONALLY, FINARC.CH DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

Copyrights, Trademarks and Other Proprietary Rights

All content included or available on the Website, including without limitation, site design, documents, articles, products, software, services, features, and the selection and arrangements thereof, is protected by intellectual property rights.    Finarc.ch retains and reserves all rights not expressly granted herein.

Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site.    Users are required to enter a user name and password to Access the Inferential Focus publication.    To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.    You are responsible for maintaining the secrecy of Your user name and password.

You may not use the account, user name or password of someone else at any time.    You agree to notify Finarc.ch immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information.    You also agree to notify Finarc.ch immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content.    Finarc.ch will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge.    You may be held liable for any losses incurred by Finarc.ch, its affiliates, officers, directors, employees, consultants or representatives due to someone else’s use of Your account, user name or password.

Finarc.ch will never ask You for Your password.    If You need a new user name and/or password, Finarc.ch will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

 

14.      Termination of Agreement

In addition to Finarc.ch’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion.    Finarc.ch may also terminate Access to the Inferential Focus publication or cancel subscriptions to the Inferential Focus publication without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Finarc.ch deems inappropriate.

In the event of termination of this Agreement, there will be no refund of cancelled subscriptions’ fees.

 

15.       Privacy Policy Statement

Finarc.ch values Your trust and Your right to Privacy.    In order to honor that trust, all of Finarc.ch’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide.    For more information, please review Finarc.ch’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

 

16.      Miscellaneous

These Terms constitute the entire agreement between Finarc.ch and User regarding the subject matter hereof.    Any previous agreement, whether oral or written, between Finarc.ch and User dealing with the subject matter hereof is superseded.    These Terms may only be modified or amended in writing.    If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect.    Upon User’s breach or threatened breach of these Terms, Finarc.ch may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief.    Finarc.ch’s remedies are cumulative and not exclusive.    Failure of Finarc.ch to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.    User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.    By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations.    Finarc.ch makes no representation that the content of the Site is appropriate or available for use in all locations.    You agree to comply with all applicable local laws, including any international laws, in using this Site.    You may not assign Your rights or delegate Your duties under these Terms.    The parties agree that no third party is an intended beneficiary of these Terms.    Finarc.ch cannot provide notifications via post, only e-mail.

 

17.      Governing Jurisdiction of the Courts

This Agreement shall be subject to SWISS LAW.    Any dispute arising out of, or in connection with, this Agreement shall be subject to the Jurisdiction of the Ordinary Courts of the Republic and Canton of Geneva (with the possibilities for appeal as provided for by law).    User assumes all knowledge of applicable laws and is responsible for compliance with any such laws.

 

Last Updated (Oct. 27, 2013)