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Terms and Conditions

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW:

These Terms and Conditions, as amended from time to time (this “Agreement”), set forth the terms of your use of the Services (defined below) of Baviello & Company, LLC (“Baviello,” the “Company,” “we,” “us,” and/or “our”). This is a binding contract between you, as a user of the Services (“you,” “your,” and/or “User”) and the Company, the provider of the Services.

Your access, purchase and/or use of any of the Services constitutes your agreement to be bound by and comply with these Terms and Conditions. If you do not agree, you should immediately cease all use of the Services.

ELECTRONIC COMMUNICATIONS

The Services are delivered electronically and may include electronic transactions. By accessing and/or using the Services, you agree that you will be bound by any electronic submissions, communications, or transactions made using your Credentials (defined below), including your acceptance of this Agreement, and you consent to receive electronic communications from us, including, but not limited to, notices of cancellation and renewals, policies, contracts and applications.

CHANGES TO THIS AGREEMENT

We reserve the right, in our sole discretion, to modify or replace this Agreement at any time. Any such changes are effective immediately upon our posting of the amended Agreement or other notice to you. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You agree that your continued use of the Services following such revisions constitutes acceptance of the Agreement, as amended. You should review this Agreement frequently.

THE SERVICES

The Services include our written and digital publications and materials (including, but not limited to, the Baviello Bulletin), websites (including, but not limited to, baviellobulletin.com), mobile applications and all other online and other platforms (collectively, the “Platforms”), all Content (defined below) displayed on or delivered through the Platforms, and subscriptions (collectively, the “Services”). “Content” means data, information, research, e-letters, newsletters, digests, articles and blogs, news aggregate services, emails, images, graphs, videos, books, analytic tools, and any visual, audial or digital content made available on or through a Platform. The Services include certain Services provided free of charge (“Free Services”) as well as Services for which you must pay a subscription fee in order to have access, including, but not limited to, premium Content and memberships (collectively “Premium Services”). The terms of this Agreement apply to both Free Services and Premium Services (except where indicated below that the relevant terms apply only to a designated Premium Service). For the avoidance of doubt, this Agreement applies to Services that are made available on a Platform that may be accessed only by a User to whom we have issued Credentials (defined below), as well as those Services made available by email, through Platforms that do not require Credentials, or through other processes.

DISCLAIMERS CONCERNING THE CONTENT WE PROVIDE

The Company is a publisher of financial information, not an investment adviser. We rely upon the “publisher’s exclusion” from the definition of investment adviser as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. Any information provided as part of the Services is solely impersonal and not specific to any person’s investment needs. Users do not receive investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of the User’s individual investment portfolio or individual needs. Therefore, no User should assume that the Services are a substitute for individual personalized advice from an investment professional of the User’s choosing.

The Company maintains the Services and Content for informational purposes only and is not meant to constitute advice of any kind (including investment, legal, regulatory or tax) on which Users should rely. No information included in the Services and Content is intended to be a recommendation as to the value of, or the advisability of investment in, any security, nor does such information constitute, and should not be construed as, an offer to sell, or a solicitation of any offer to buy, or any recommendation with respect to, any securities. The User maintains absolute discretion as to whether to follow any portion of the Services and the Content.

The Company does not endorse or warrant the performance, profitability, or outcomes of any specific investment. The Services and Content posted may contain forward-looking statements which may or may not come to pass, and the historical performance of any securities or investment strategies detailed or referenced in Content on the website should not be viewed as an indication or guarantee of any future success or performance.

The Company and its staff will not provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, investment strategy or any other matter, and you agree not to request or contact us for such advice.

The author of the Content and the Services or its affiliates may have a financial interest, through investments or otherwise, in securities that are covered in such Content.

INVESTMENT RISKS

Different types of investments involve varying degrees of risk and volatility, and there can be no assurance that any specific investment will either be suitable or profitable for a User or prospective User’s investment portfolio. A User of the Company’s Services assumes the risk of investing in securities. An investment in common stocks is subject to certain risks, such as an economic recession and the possible deterioration of either the financial condition of the issuers of the equity securities or the general condition of the stock market. An investment in small-cap and mid-cap companies is subject to additional risks, as the share prices of small-cap companies and certain mid-cap companies are often more volatile than those of larger companies due to several factors, including limited trading volumes, products, financial resources, management inexperience and less publicly available information. The value of any security may be subject to steep declines or increased volatility due to changes in performance or perception of the issuers. All investment involves risk, including the risk of loss, and any trading or investment decisions taken by you should be based on your own analysis, judgment and independent assessment (and/or that of a professional adviser) and not in reliance on any information contained in the Services and the Content.

CONTENT

We reserve the right to change, modify, remove, or discontinue any Content or any portion or feature of the Services at any time for any reason at our sole discretion without notice. Such changes may include, but are not limited to, ceasing to provide access to a Service, or changing the terms of engagement for a Service. We have no obligation to update any information on our Services. The Company will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

This disclosure outlines the Company’s intellectual property policies and restrictions associated with using our Services and the Content:

  1. Ownership and Confidentiality: The Company retains ownership of all intellectual property rights of our investment models, trade secrets, know how, proprietary information, algorithms, software, materials, Services, and Content. The Services and the Content are confidential and may not be reproduced, displayed, posted on the web, distributed, or disclosed without explicit permission from the Company.
  2. Limited License: The Company grants limited, non-exclusive, non-transferable access to and use of the Services and the Content to its Users. Our Services and Content may not be resold or sublicensed under this access. Your right to use the Content is limited to downloading and/or printing one (1) copy of any Content for your own personal, non-commercial use, or internal business use. Your access to the Services is personal to you, individually. You may not share your password with others, even others in the same company or group, or provide others with access to the Services and the Content using your password. You acknowledge that you do not acquire any ownership rights by accessing or using the Services or Content.
  3. Prohibited Activities: Users of our Services and Content are strictly prohibited from reverse engineering, decompiling, modifying, or creating derivative works based on our proprietary materials. Any unauthorized use, reproduction, or distribution of our intellectual property may result in legal action to protect our rights. Users may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that appear on the Services and the Content.
  4. Trademarks and Branding: All registered and unregistered trademarks, service marks, logos, and trade names associated with the Company are the exclusive property of the Company. Unauthorized use of our trademarks or branding is strictly prohibited.
  5. Compliance with Applicable Laws: Users of our services are responsible for ensuring compliance with all applicable laws and regulations governing intellectual property rights, confidentiality, and data protection.

YOUR FEEDBACK

If you provide any feedback, innovations, or suggest any changes or modifications to any Service (“Feedback”), you assign all rights, title, and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

PRIVACY

Please see our Privacy Policy which describes how we collect, use and share your personal information and which sets forth our policies regarding how we and our affiliates, partners, vendors and service providers may contact you.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you are over the age of 18 (The Company does not permit those under the age of 18 to use the Services.); (2) you have legal capacity and you agree to comply with this Agreement; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

USER ACCOUNTS

In order to access certain Services, you must create an account for the Service (“User Account”). When you create a User Account, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of your User Account for the Services. When you register for a User Account, you will be issued a username, associated password, or other login credentials (“Credentials”), which will be assigned specifically to you. The Company, in its sole discretion, may deny User Account registration to you for any or no reason.

You agree to keep your password confidential and will be responsible for all use of your account and password. You agree not to disclose your password to any third party. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

The Company strives to protect the security of this website and information that is contained in it. However, the Company cannot guarantee that unauthorized third parties will not defeat security measures. If you notice any compromise or unauthorized use of your account, you must inform us immediately.

SUBSCRIPTIONS

Subscription Period

Premium Services are made available on an annual subscription basis. Upon your purchase of Premium Services, your subscription fee will be billed in advance. At the end of each subscription year, your Premium Services subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.

Subscription Cancellation

You may cancel your Premium Services subscription renewal either through your User Account settings page by turning off the autorenewal setting or by contacting the Company at [email protected]. You will not receive a refund for the fees you already paid for your current Premium Services subscription period and you will be able to access the Premium Services until the end of your current subscription period.

Billing

You consent to our charging your current payment method on a recurring basis without requiring your prior approval for each charge, until such time as you cancel the Premium Services subscription.

Fee Changes

The Company, in its sole discretion and at any time, may modify the subscription fees for Premium Services. Any Premium Services subscription fee change will become effective at the end of the then-current subscription period.

The Company will provide you with reasonable prior notice of any change in Premium Service fees to give you an opportunity to terminate your Premium Services subscription before such change becomes effective.

Refunds

Except when required by law, paid Premium Services fees are non-refundable.

Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

LIMITATION ON THE COMPANY’S LIABILITY

To the extent not prohibited by law, each User and potential User agrees, prior to accessing or using the Services and the Content or receiving information provided by the Company, to release and hold harmless the Company and its current and former officers, directors, members, employees, agents and representatives and their successors and assigns from any and all liability in connection with accessing or using the Services and the Content or receiving information provided by the Company. In all other cases, the Company’s liability to a User, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages of the User, not to exceed the fees received by the Company for access and use of the Services during the current calendar year of the User’s subscription. The Company will not be liable for any consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by the Company or derived from the Services and the Content.

DISCLAIMER OF WARRANTY

You specifically acknowledge and agree that your use of the Services (and any related Content) is solely and entirely at your own risk and that the Services (and any related Content) are provided “as is” and “as available” and with all faults and defects and without warranty of any kind. Neither the Company nor any of its affiliates guarantees or provides a warranty of any kind, express or implied, with respect to the completeness, accuracy, timeliness of, or with respect to results obtained from the use of, the information contained in the Services and Content nor is the Company or any of its affiliates responsible for any errors or omissions or for the results obtained from the use of such content.

Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied: (1) as to the operation or availability of the Services or the Content included thereon; (2) that the Services will be uninterrupted or error-free; (3) as to the accuracy, reliability, or currency of any information or Content provided through the Services; or (4) that the Services, its servers, the Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, their current and former officers, directors, employees, agents and representatives and their successors and assigns from and against any and all liabilities, claims (including, but not limited to, third-party claims), damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from: (1) Your breach of your warranties, representations and obligations under this Agreement; (2) Your failure to perform in accordance with this Agreement; (3)Your use of the Services in any way other than its normal way or in a way not required or recommended by us; (4) Your violation of the rights of any third party; (5) Your registration or use of a User Account; or (6) the actual or alleged infringement of any third-party proprietary or intellectual property right arising out of the unauthorized use of the Services.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to any conflict of laws provisions. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company.

LINKS TO OTHER WEBSITES

The Company is not responsible for the content of any other site, including any sites that you may have gained access to from third-party links on this website. While the Services and the Content may cite third-party sources, it does not endorse such sources or guarantee the accuracy of the information obtained therefrom. You should use discretion and access third-party sites at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your User Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination, your right to use the Services will cease immediately. If you wish to terminate your User Account, you may simply discontinue using the Services.

AFFILIATES

The Services and Content contained herein is not endorsed, authorized or sponsored by Baviello Investment Management, LLC or any of its agents, employees or representatives nor does the content necessarily represent the views of Baviello Investment Management, LLC or any of its agents, employees or representatives.