As used herein, “TCI” means TCI Enterprises LLC, its publications – The Complete Investor - and, including The TCI Website, its affiliates, and their officers, directors, managing directors, partners, and employees.

 

Please read the following terms and conditions relating to access of The TCI Website. By accessing and using The TCI Website, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions.

 

 

 

TCI does NOT take into account the investment objectives, financial situation and particular needs of any particular person. TCI makes no recommendations as to the merits of any investment opportunity referred to herein.

 

TCI is a publisher. TCI is not registered as a broker dealer or investment advisers with the U.S. Securities and Exchange Commission or any state securities authority. TCI and its information and content providers make no representations or warranties of any kind in connection with the subject matter, performance or the suitability of the information contained in TCI, publications or The TCI Website or any website for any purpose and are not liable for the timeliness, accuracy, or completeness of the information contained herein.

 

The information contained in TCI and The TCI Website is provided for general informational purposes, and is not a substitute for obtaining professional advice from a qualified person, firm or corporation familiar with your personal circumstances. Please seek the advice of professionals, as appropriate, regarding the evaluations of any specific security, report, opinion, advice or other content.

 

TCI is not responsible for any trades placed by the recipients of TCI based on the information included therein. There can be no assurance that your portfolio or positions can achieve the indicated performance and therefore, the sample performance information should not be relied upon. Investment recommendations are not intended to be construed to be personalized advice, or recommendations to buy, hold, or sell mentioned securities and readers should consider their personal situation before making any investment. All opinions expressed and information and data provided therein are subject to change without notice. TCI may have positions in and from time to time make purchases, or sales of the securities discussed or mentioned in TCI.

 

That TCI has made the data and services provided on The TCI Website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on The TCI Website or in any materials is suitable or appropriate for you. Many of the products described on The TCI Website or in the materials involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

 

 

TCI makes no warranty, express or implied, or representations, concerning, without limitation, any content on this or other sites, responsibilities, security or other matters.

 

No Warranty or Representations on Content: The information and services provided by us and our third party providers are on an "AS IS" basis at your sole risk. TCI expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.

 

No Warranty or Representation as to Other Sites: The TCI Website may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. TCI is providing such links solely as a convenience to you. Accordingly, TCI makes no representations concerning the content of the Sites. The fact that TCI has provided links to other Sites does not constitute an endorsement, authorization, sponsorship, or affiliation by TCI with respect to the Sites, its owners, or its providers. TCI has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Sites, or the suitability or appropriateness of the products or transactions described therein.

 

No Responsibility to Update: Neither TCI nor any of its third party providers shall have any responsibility to maintain the information and services made available on The TCI Website or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.

 

No Warranty or Representations As to Security:TCI makes no warranty whatsoever to you, express or implied, regarding the security of The TCI Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. TCI shall have no liability for any newsletter that is lost, intercepted or not received by you in a timely manner, or at all, for any reason.

 

 

You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via The TCI Website only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of TCI. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. TCI reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by TCI or the third party providers from whom TCI has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Neither TCI nor any third party provider shall have liability to you for monetary damages on account of the information provided to you via this service.

 

 

Your use of the products and services on the TCI Website may be monitored by TCI, and the resultant information may be used by TCI for its internal business purposes or in accordance with applicable law.

 

 

TCI shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between TCI and you, regardless of whether the connection or communication service is provided by TCI or a third party service provider. TCI shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on The TCI Website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will TCI be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on The TCI Website, even if TCI has been advised of the possibility of such damages. TCI will have no responsibility to inform you of any difficulties experienced by TCI or third parties with respect to the use of the services or to take any action in connection therewith.

 

 

These Terms and Conditions shall remain effective until modified or terminated as we in our sole right determine. TCI may terminate your access to and use of The TCI Website or materials or any portion thereof, immediately, at any time.

 

 

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms and Conditions; (b) any allegation that any materials that you submit to us or transmit to The TCI Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with The TCI Website or any services related to The TCI Website.

 

 

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in New York, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision herein is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all TCI policies referred to herein and on The TCI Website, constitutes the entire agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us.