Behind the Numbers Terms of Service Agreement
Behind the Numbers, LLC (“the Company”) provides certain services (“the Services”) through its website (www.btnresearch.com- “the Website”) and other electronic forms of communication including, but not limited to e-mail. The Company conducts its business through its headquarters in the state of Kentucky, United States of America, and all transactions between you and the Company will be deemed to have occurred at those headquarters. The Company provides investment research and commentary. Note that the company does not offer individualized investment advice through its website, the Services or any other means.
YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT ANY TIME YOU ACCESS THE WEBSITE OR USE THE SERVICES. IF YOU DO NOT AGREE, OR ARE INCAPABLE OF BEING LEGALLY BOUND BY THIS TERMS OF SERVICE AGREEMENT, PLEASE EXIT THE WEBSITE AND DISCOUNTINUE ANY USE OF THE SERVICES. IF YOU ARE ENTERRING INTO THIS AGREEMENT IN CONNECTION WITH YOUR EMPLOYMENT, YOU AGREE THAT YOU ARE AUTHORIZED TO BIND YOUR COMPANY/EMPLOYER TO THIS AGREEMENT. IF IT IS LATER DETERMINED BY ANY COURT OR JURISDICTION THAT YOU WERE NOT ABLE TO BIND YOUR COMPANY/EMPLOYER TO THIS TERMS OF SERVICE AGREEMENT, YOU AGREE THAT YOU WILL BE PERSONALLY BOUND TO THE TERMS SET FOR HEREIN.
The Company may amend the Terms of Service Agreement. The most recent version will be posted on its website and the Company may notify you of any material changes by the e-mail address you provide. Your continued use of the Website and the Services constitutes your agreement to be bound by this Terms of Service Agreement.
Account Registration and Policies
Setting Up an Account
By completing the electronic sign-up process, you establish an account and are registered as a Behind the Numbers client (“Client”). You will receive access to the portions of the Website and all future electronic communications commensurate with level of service you selected. You will receive an account number and a user name and password you can utilize to access the Website. All communication will be sent to the e-mail address you provide at the time of sign-up. You are responsible for all activity on your account and to maintain the security of your login credentials.
Billing
At the time of sign-up, you will provide credit card billing information and be set up for an automatic recurring payment plan based on the payment terms of the level of service selected. Clients may terminate their accounts by contacting the Company at the following link: https://btnresearch.com/contact/
The Company is not obligated to provide any refund upon termination of an account by a Client.
The Company is not responsible for pricing or typographical errors made and may amend or cancel the agreement if such errors are discovered. The Company reserves the right to change prices at any time. Clients will be notified by e-mail at least ten (10) days in advance of any change in prices.
Account Termination
The Company reserves the right to terminate any Client account at its sole discretion. If the Company terminates an account for any reason other than the discontinuance of Services, it has no liability to the Client or any third party, nor will any refund be given.
Privacy Policy
The Behind the Numbers Privacy Policy is incorporated herein by reference. XXXXPUT IN LNK
Limitations and Restrictions
General
The Company publishes financial research and commentary without regard to the level of sophistication or specific circumstances of Clients. You understand and agree that the content of the Website and the Services does not constitute a recommendation of any investment security, transaction or strategy and is not tailored to be suitable for any specific investor’s needs, including yours. You also understand and agree that no Company employee will advise you with regard to your investments and you will not attempt to contact the Company for the purpose of seeking personal advice.
You understand and agree that the views expressed in the content provided on the Website and the Services is the opinion of the author and may change without notice. You also agree and understand that past performance is not indicative of future performance.
You understand and agree that the views expressed in content on the Website and the Services is derived from sources generally believed to be reliable and the Company is not liable for any errors, omissions, or incomplete or out-of-date information provided.
Limited License to Use Website and Services
You understand and agree that you are granted a non-exclusive, non-transferable, non-sublicensable right and license to access the Website and the Services commensurate with your level of service. The Website and Services may only be used for your personal or internal business use.
You may not reproduce, distribute, transmit, disseminate, sell, publish, display, broadcast, circulate or forward any part of the website or content provideD in the services to anyone, including but not limited to others in the same company or organization, without the express prior written consent of behind the numbers, llc. This requirement and limitation includes, for example, electronic activities (such as emailing, scanning, web site posting, downloading, printing, ftp, etc.), photocopying, printing, faxing and the like. clients may print a single copy, not multiple copies, of reports or commentaries provided as part of the services for your own personal or internal business use.
THE ACCESS THAT A CLIENT IS GIVEN TO THE WEBSITE 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 THIS SITE USING YOUR PASSWORD. THE WEBSITE AND ALL REPORTS AND COMMENTRARY PROVIDED THROUGH THE SERVICES ARE PROTECTED BY FEDERAL COPYRIGHT LAW. THE COPYRIGHT ACT IMPOSES LIABILITY OF UP TO $150,000 PER ISSUE FOR INFRINGEMENT.
Multiple copy discounts and limited (one-time) reprint arrangements may be available upon request.
You agree not to delete, modify or create any derivative works of any content on the Website or provided through the Services or to remove any name, copyright management information or legal notice.
You agree not to mislead other clients, interfere with their access to the Website or the Services, or obstruct the Company’s business in any way.
You understand access to the Website and Services is by license and in no way confers ownership to you of any kind.
You understand that you are not granted the right to use any trademark, service mark, logo, trade dress, company name or domain name.
Disclaimer of Warranties
YOU HEREBY EXPRESSLY AGREE THAT YOU ACCESS THE WEBSITE AND USE THE SERVICES AND THEIR CONTENT AT YOUR SOLE RISK. THE WEBSITE, SERVICES AND THEIR CONTENT, AS WELL AS ANY THIRD-PARTY INFOMRATION OR SERVICES DEVLIERED TO YOU ARE PROVIDED ON AS “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES THE DISCLAIMER OF WARANATY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT GUARATEE THAT YOU CAN ACCESS THE WEBSITE OR USE THE SERVICES AT TIMES AND LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WLL HAVE ADEQUATE CAPACITY FOR THE WEBSITE OR THE SERVICES AS A WHOLE FOR ALL GEOGRPAHIC AREAS. THE WEBSITE, SERVICES AND THEIR CONTENT MAY HAVE TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. ADDITIONALLY, USE OF THE WEBSITE AND SERVICES MAY ENABLE YO TO DOWNLOAD MALICIOUS CODE INTRODUCED ON THE INTERNET BY THIRD PARTIES.
Limitation of Liabilities
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DISPUTE WITH THE COMPANY, ITS LICENSORS, SUPPLIERS OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, OFFICERS, MEMBERS, OR DIRECTORS) IS TO STOP USING THE WEBSITE AND THE SERVICES, AND TO CANCEL YOUR ACCOUNT.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS, SUPPLIERS, OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, 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 OR ANY CONTENT PROVIDED WITH THE SERVICES.
MOREOVER, IN NO CASE SHALL THE COMPANY, LICENSORS, SUPPLIERS OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, 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 OR THE SERVICES. 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.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CERTAIN CATEGORIES OF LIABILITY, THE FOREGOING LIMITATIONS SHALL APPLY TO YOU ONLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
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 THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Links to Outside Sites
The Company may include links or references to websites or services maintained by third parties on the Website or in content provided through the Services. The company is not responsible, does not assume responsibility, or provide warranty of any kind for any content, actions or policies of those outside sites or services. You agree to access them at your own risk. These links and references are provided as a convenience to you and not an endorsement or approval of any content, practice, person or sponsor associated with those sites or services.
Indemnification
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, suppliers, employees, officers, and directors from and against all claims (including investigations and allegations that are not yet presented as litigation) and liabilities, losses and expenses, including attorneys' fees and costs, arising in connection with any breach of these Terms of Service. If you fail to provide a defense satisfactory to the Company, the Company may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
Governing Law
These Terms of Service, as well as your use of the website and the Services, are governed by and shall be construed in accordance with the laws of the State of Kentucky, without regard to its provisions relating to conflicts of laws. By agreeing to these Terms of Service or by accessing or using the Website or any of the Services, you submit to the personal jurisdiction of the federal and state courts of the State of Kentucky. You further agree that such courts shall have exclusive jurisdiction over any claim brought by you under or in connection with these Terms of Service, the Website, or the Services.
Void Where Prohibited
The Company makes no representation or warranty that any material on the Website or in the Services is lawful in every jurisdiction from which such material can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside of the United States you are responsible for compliance with all applicable local laws.
Other
If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. These Terms of Service constitute the entire agreement between the Company and you and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the Company. The failure of the Company to assert any right under these Terms of Service shall not be considered a waiver of that right, which shall remain in full force and effect. In addition, these Terms of Service are not intended to confer, and do not confer, any rights or remedies upon any person other than you. These Terms of Service and all related documents are written and shall be interpreted in the English language.
Behind the Numbers Privacy Policy
Last updated November 28, 2017.
Thank you for visiting Behind the Numbers! This Privacy Policy describes what information we collect and how it is (or is not) used or shared. If you don’t agree with any of the terms of this Privacy Policy, you may not access our sites or use the Service.
1) Principles
We want to start off by sharing a few of our principles with regards to your personal information. First, we do not sell your personal information to anyone. That is not in any way a part of our business model. Second, we do not ask for any personal information beyond what is necessary to provide or improve the Service for you.
2) Collection of Information
When you sign up as a client, we collect the following information and use it as described below:
2.1 Account Information- We collect the information necessary to set up and maintain the provision of Services and to contact you. This may include, name, address, e-mail address and phone number.
2.2 Payment Information- We utilize Stipe as our third-party payment processor for all transactions. Information you input to provide payment for the Services is sent to Stripe. We do not maintain your payment information. You can review Stripe’s privacy policy at the following link:
2.3 Communications with Us- If you send us communication by e-mail or in writing with questions or comments, we may choose to maintain those for reference and to improve our level of service to you.
2.4 Cookies and Other Technologies- Our website is powered by Squarespace.com. We manage access to client-only sections of our website with third-party membership access provider, Sentry Login. Squarespace and/or Sentry Login may utilize cookies or other technologies to provide us with insight on our site’s usage including page views, conversion rates, device information, visitor IP addresses and referral sites.
Squarespace’s privacy policy can be found at the following link:
https://www.squarespace.com/privacy/
Sentry Login’s privacy policy can be found at the following link:
https://www.sentrylogin.com/sentry/site_tou.asp
3) Disclosure of Information
3.1 Third-party providers. We may provide information to third-party service providers to help us deliver our Services to clients. For example, we may utilize third-party e-mail distribution services that require us to provide e-mail and other contact information you have provided us. However, these third parties have no independent right to utilize this information beyond the provision of the services we have directed.
3.2 Following the Law. We may provide information to third parties when we believe it is necessary to comply with the law or prevent fraud or abuse of Behind the Numbers, LLC or any of our clients. We will carefully analyze any request for information and reject any requests we believe to be too broad or over-reaching.
3.3 Business Transfers. If Behind the Numbers, LLC is involved in any transfer of ownership, lists containing our information may be a part of that deal. Any acquiring company would be subject to the terms of this Privacy Policy.
4) Protection
We will retain your information as long as we deem necessary to provide you with the Services, comply with any applicable laws, protect our rights, protect our clients’ rights, resolve disputes or enforce our agreements.
5) Links to Other Sites
5.1 Sites managed by Behind the Numbers, LLC or communications delivered through the provision of the Services may contain links to outside sites. This in no way should be considered our endorsement of those sites. These sites will have their own privacy policy and terms of use which fall outside of our responsibility. We are in no way responsible for the content displayed on nor the policies followed by any of those sites.
6) Safeguards
6.1 We have taken reasonable and appropriate procedures to secure the information that we collect. However, it is impossible for us to completely eliminate security risks, and you use the websites and our Services at your own risk.
7) Opting out of communications
7.1 We may send you notifications of new product launches or other promotional events using contact information you provide us. You may be given the option of opt out of any such promotional notifications. In addition, we may send you notifications related to changes in delivery of service.
8) Minors and Children
We do not intend to collect or maintain any information from visitors to the site or clients who are under the age of 18. In accordance with the Children’s Online Privacy Act (COPPA), we do not knowingly contact or collect any information from children under the age of 13. If we become aware that we have inadvertently received any information from a visitor under the age of 13, we will delete the information from our records. We strongly encourage any parent or guardian who believes we have received information from their child who is under the age of 13 to notify us at the contact information below. Any such information will be deleted unless otherwise required by the law.
9) International Users
9.1 Behind the Numbers LLC makes no claims that its websites, content, or policies comply with laws outside the United States.
9.2 If you are not in the United States, you consent to having your personal data transferred to the United States.
9.3 If you are prohibited from receiving products or services originating in the United States or are in a nation that is embargoed by the United States, you will not create an account our websites or Services.
10)Modification of this Policy Statement
We may occasionally modify this Policy Statement. The most recent version of the Policy Statement will be maintained on the Behind the Numbers website. We may notify you of any material changes to the statement by e-mail if we choose.
11) Contact Information
If you have any questions regarding our Privacy Policy or any other aspects of our Service, please contact us at bwhiteside@btnresearch.com.