Systematic Gains disclosure and disclaimers
Systematic Gains (and its content) is for INVESTMENT PROFESSIONAL USE ONLY and is not intended for the retail investment public.
LIMITATION ON SYSTEMATIC GAINS LIABILITY
To the extent not prohibited by law, each subscriber and potential subscriber agrees, prior to accessing or using Systematic Gains’s data or receiving information provided by Systematic Gains, to release and hold harmless Systematic Gains and its directors, officers, shareholders, employees, and agents from any and all liability in connection with accessing or using Systematic Gains’s data or receiving information provided by Systematic Gains. In all other cases, Systematic Gains’s liability to a subscriber, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages of the subscriber, not to exceed the fees received by Systematic Gains from the subscriber. Systematic Gains 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 Systematic Gains or derived from Systematic Gains’s data. Without limitation, Systematic Gains shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing Systematic Gains data or any other source of material provided by Systematic Gains; (3) any absence of material on Systematic Gains data; (4) Systematic Gains’s failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. Systematic Gains and each subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between Systematic Gains and the subscriber.
DISCLAIMER OF WARRANTY
ANY AND ALL INFORMATION PROVIDED BY SYSTEMATIC GAINS OR DERIVED FROM SYSTEMATIC GAINS’S DATA IS PROVIDED “AS IS” AND SYSTEMATIC GAINS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ACKNOWLEDGEMENT AND AGREEMENT
Notwithstanding any other agreement or other communications between Systematic Gains and Subscriber to the contrary, receipt or use of any material provided by Systematic Gains, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.
BROKERS, INVESTMENT ADVICE & PORTFOLIO MANAGEMENT
Systematic Gains is an Internet based subscription service (the “Service”) and is not affiliated with an investment advisor or Broker/Dealer. Neither Systematic Gains nor the Service is registered as an investment adviser with any federal or state regulatory agency, or in any other regulatory capacity. To the extent that any portion of the Service content would need to rely upon such an exemption, Systematic Gains would 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.
The Service is limited to the dissemination of impersonal and objective investment-related information. The publication of the Service on the Internet or any Private Network should not be construed by any user and/or prospective user as Systematic Gains’s (i) solicitation to effect, or attempt to effect transactions in securities, or (ii) provision of any investment related advice or services tailored to any individual’s financial situation or investment objective(s).
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 his/her/its use serves as a substitute for individual personalized advice from an investment professional of the user’s choosing. Rather, the Service is designed solely to provide impersonal information.
The user maintains absolute discretion as to whether to follow any portion of the Service content. Systematic Gains does not offer or provide investment implementation services, nor does it offer or provide initial or ongoing individual personalized advice (neither in person nor via the Internet). It remains the user’s exclusive responsibility to review and evaluate the content and to determine whether to accept or reject any Service content. Systematic Gains expresses no opinion as to whether any of the Service content is appropriate for a user’s investment portfolio, strategy, financial situation, or investment objective(s).
It is the user’s exclusive responsibility to determine if any portion of the information is suitable or appropriate for his/her financial situation and/or investment objectives, both initially and on an ongoing basis. No current or prospective user should assume that the future performance of any specific Service content will be suitable or profitable for a user’s portfolio, equal historical or anticipated performance level(s), or prove to be correct.
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 any information contained on the Service serves as a substitute their own professional discretion.
REPRESENTATIONS & WARRANTIES
Systematic Gains makes no representations or warranties about the accuracy or completeness of the information contained on or derived from Systematic Gains’s data or otherwise provided by Systematic Gains. Our personnel (and affiliates) may own positions in and/or trade the securities mentioned in the information that we provide. We are not compensated in any way for publishing information about companies mentioned by the Service.