Last updated October 8, 2018.
WELCOME to VALUEINVESTORSCLUB.com.
The following Terms and Conditions of Use (these “Terms”) shall govern your access to and use of Valueinvestorsclub.com (“VIC”), including its associated content, features and applications, and you shall be deemed to have agreed to each of the provisions set forth in these Terms by your action in using or accessing VIC. If you do not agree to be bound and abide by these Terms, you may not continue to access VIC or any of its associated content, features or applications.
The owner of VIC, Value Investors Club, LLC (“VIC LLC”) reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of VIC thereafter. Your continued use of VIC following the posting of revised Terms constitutes your acceptance of and agreement to the changes. You are expected to check these Terms each time you access VIC so you are aware of any changes to them.
AGE REQUIREMENTS: VIC is not intended for use by anyone under 18 years of age. If you are under 18 years of age, you may not access, use or provide any information on VIC or provide any information about yourself to us.
LIMITED LICENSE: Subject to your continued compliance with these Terms, VIC LLC grants you a limited, revocable, non-transferrable license to access and use VIC strictly for your personal, non-commercial use for the purposes described on VIC and in accordance with these Terms. The foregoing grant of license does not transfer any title or other ownership in VIC or VIC LLC. All rights not expressly granted by the foregoing license are reserved by VIC LLC. VIC LLC reserves the right to revoke or further limit the license granted in this paragraph at any time in VIC LLC’s sole discretion without notice.
CONTENT: All materials and information published on VIC by any person, including any member or other user of VIC, including, without limitation, information, text, recommendations, financial analysis, opinions, images, graphics, software, code, applications, statements, lists and all other information (the “Content”) are intended solely for your personal, non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, sell, display or in any similar way commercially exploit by resale or otherwise, any of the Content, in whole or in part.
All Content is owned or controlled by VIC LLC or the party otherwise credited as the provider of such Content. The Content, and the entire VIC site, including without limitation selection, coordination, arrangement, reproduction and enhancement of such Content, all materials published by VIC and all postings on VIC, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. Reproduction of the VIC site or any Content, in whole or in part, without written permission of VIC LLC is strictly prohibited.
To the extent that you may download or copy Content, you may only do so for personal use(s) and not for resale or reproduction and you must maintain all copyright and other notices contained in such Content. In the event you download any software from VIC, such software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software, are licensed to you by VIC LLC for your limited, non-commercial use as further described and limited in these Terms and on VIC, and you may not redistribute, sell, decompile, reverse engineer or otherwise re-use the software. VIC LLC retains full and complete title and rights to all intellectual property in VIC and the Content.
SUBMISSIONS: You are and shall remain solely responsible for your submissions and any submissions made through your account. VIC and VIC LLC are not responsible for the content or message of your submissions. VIC and VIC LLC do not verify or guarantee, and makes no representation or warranty of any kind or nature as to, the accuracy, veracity or completeness of any information or recommendations provided on VIC, nor does VIC or VIC LLC endorse, support, sanction, encourage, verify, agree with, or reject, diminish or disagree with, the ideas, comments, recommendations, opinions or statements posted on VIC.
While VIC does not and cannot review every message posted or idea or recommendation submitted to VIC, VIC reserves the right, in its sole discretion, but assumes no duty, to delete, move, or edit submissions that it deems unreliable, incomplete, inaccurate, false, inappropriate, defamatory, obscene, in violation of copyright, trademark or other applicable laws, or otherwise unacceptable, and you expressly acknowledge that your submissions may be edited, removed, modified, published, re-published, transmitted and displayed by VIC in its sole discretion.
USE OF SITE; PROMOTION PROHIBITED: You shall not use VIC ideas, recommendations or Content in any commercial manner. You shall not use VIC to solicit users to become users of other services or for any other business marketing or promotion. You shall not disrupt or interfere with any aspect or element of VIC nor shall you do anything which, in the judgment of VIC LLC, will restrict or inhibit any other user from using and enjoying VIC. You shall not, without the express written approval of VIC LLC, post or otherwise distribute any material containing any solicitation of funds, advertising or solicitation for goods or services. You shall not promote, tout or hype a stock or company, nor shall you post the same or substantially same note on multiple occasions in a single day (a practice known as "spamming"). You shall not upload, or otherwise submit or publish, any content or material which is libelous, defamatory, obscene, pornographic, abusive, impersonating, or hateful, or which invades anyone's privacy, encourages conduct that would constitute a criminal offense, or otherwise infringes, misappropriates or violates any third-party rights (including copyrights or other intellectual property rights), any contract to which you are bound or any local, state, federal or international law or regulation. You shall not engage in, or assist others in engaging in, any bulk or automated downloading of information on VIC, including without limitation scraping data/information, using crawlers, or retrieving information using algorithms or other automatic methods.
If you choose, or are provided with, a user name, password or any other information for use in authentication of your identity as part of security procedures (“Security Information”), you agree to treat such Security Information as confidential, not disclose it to any other person and use a reasonable degree of care in preventing others from discovering it. You also acknowledge that your account is personal to you and agree not to provide any other person with access to VIC using your Security Information. You agree to notify us immediately of any unauthorized access to or use of your Security Information or any other breach of security of your user account.
Those with formal connections or affiliations to or with a company being discussed on VIC, including among other things any positions of employment, directorships, consultancies and/or substantial share holdings, must identify themselves as such, and disclose such connection or affiliation, within their first submission on that topic, company focus, or subject matter.
You hereby transfer and assign to VIC LLC, by virtue of your submission to VIC and consent to these Terms, the entire copyright, throughout the world, without separate, retained or reversionary rights being held by you, in any and all media and forms of publication, reproduction, transmission, distribution, performance, or display, now in existence or hereafter developed, and all other right, title and interest whatsoever in and to all submissions and uploaded content, information and materials in whatever form, including without limitation to VIC’s forums, discussions groups and billboards. The foregoing transfer, assignment and grant shall include but not be limited to the right to publish such submission on VIC or any other affiliated site or publication, and the right of VIC LLC and its affiliates to use, act on and reuse such submission. For purposes of these Terms, VIC LLC’s affiliates include each of VIC LLC’s owners and any affiliates of such owners. VIC LLC may exercise the rights granted herein in such from as it may in its sole discretion determine, such that the submitted material may be published, reproduced, reprinted, distributed, performed, displayed, included in anthologies and compilations, and/or otherwise transmitted (including but not limited to electronic and optical versions and in any other media now in existence or hereafter developed) in whole or in part, whether or not combined with the work of others.
You represent and warrant to VIC LLC that all submissions you make on VIC and associated content, information and materials are your own personal, original work and do not infringe, misappropriate or otherwise violate the intellectual property or other proprietary rights of any person.
SECURITIES TRADING BY VIC LLC AFFILIATES: Certain VIC LLC affiliates are engaged in stock and securities trading and investment and investment management, including as investment managers for pooled investment vehicles. These persons and entities may have positions (either long or short) in the securities of companies recommended or profiled or otherwise mentioned on and in VIC, or may be bought or sold following, or as a result of, recommendations, analysis or information submitted to, or contained in, VIC. Neither VIC LCC nor its affiliates shall be obligated to disclose such investments or trading activity at any time.
WARRANTIES AND LIMITATION OF LIABILITY: You represent, warrant and covenant to VIC LLC that no materials of any kind submitted by you or through your account will (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (b) violate any applicable laws: (c) contain any undisclosed material inside information, or (d) contain false, libelous or otherwise unlawful material. You agree to indemnify, defend and hold harmless VIC LLC and its affiliates, agents and employees, from and against any and all liability and costs incurred by them (including, without limitation, attorneys fees) in connection with any claim arising out of any breach by you, or any user of your account, of these Terms, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. VIC LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Neither VIC nor VIC LLC represents or endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through VIC by any user, information provider, or other party. VIC LLC is not a broker, a dealer, or investment adviser. Nothing in VIC constitutes an offer or a solicitation to buy or sell any securities. Nothing in VIC is intended as specific investment advice and no individual should make any investment decision based any recommendation or analysis provided on VIC. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk and you bear sole responsibility for your own research and investment decisions.
VIC LLC may discontinue or revise any or all aspects or features of VIC at its sole discretion and without prior notice. None of VIC, VIC LLC and its affiliates is liable for the interruption or loss of the use of VIC, for any reason, or any loss to you caused thereby. VIC and all downloadable software are distributed on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, accuracy, completeness or implied warranties of merchantability or fitness for a particular purpose. None of VIC, VIC LLC and its affiliates makes any warranties, express or implied, respecting the security of the service or any harm caused by the transmission of any computer virus, worm, bomb, or other computer program through VIC. You hereby acknowledge that use of the site is at your sole risk.
In no event shall VIC, VIC LLC or its affiliates be liable to you or any third party for any damages of any kind arising out of the use of any Content or other material published or available on VIC, or relating to the use of, or inability to use, VIC or any Content, including, without limitation, any investment losses, lost profits, lost opportunity, special, incidental, indirect, consequential or punitive damages, even if VIC or VIC LLC has been advised of the possibility or probability that such damages may be sustained in advance thereof.
COMMUNICATIONS: VIC LLC reserves the right to send electronic mail and/or facsimile transmissions to you to inform you of changes or additions to VIC and/or relating to other products and services.
GENERAL: These Terms constitute an agreement between you and VIC LLC which shall be deemed to have been made in, and which shall be construed and enforced in accordance with the law of, the State of New York (without regard to conflict of laws principles). You may not transfer or assign your rights or obligations under these Terms. VIC LLC may transfer its rights under these Terms to any person without your further consent. Any controversy or claim arising out of or relating to these Terms or the breach thereof shall be settled by arbitration in New York City administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
S&P END USER AGREEMENT:With respect to any information provided by Standard & Poor’s Financial Services, LLC (“S&P”) though VIC:
PRIVACY AND USE OF INFORMATION: Through your access and use of VIC, including your application for membership and submission of any content, VIC LLC may collect personal information about you, including your name, email address and other information that could be used to identify you (“Personal Information”) and information related to your use of VIC, your browser activity, search queries and submissions, your computing environment (including IP address, operating system, browser software, hardware and geographical location), referring websites (collectively, together with “Personal Information,” “Your Information”). VIC LLC may collect Your Information directly through your submission through VIC, or by using automated data collection and tracking technologies included in VIC. VIC LLC does not collect Personal Information through such automated technologies, but may connect Your Information collected through those automated technologies to your Personal Information that we collect from you or other sources. VIC LLC may use Your Information (i) to provide you with the information, products and services that you request, (ii) to provide your with notices about your account, VIC and related information, (iii) to verify compliance with these Terms, (iv) to enforce VIC LLC’s rights under these Terms, (v) to comply with applicable law, rules of regulatory bodies and VIC’s internal policies, (vi) to improve VIC, (vii) to fulfill any other purpose for which Your Information is submitted by you or that is described to you in connection with your submission, or (viii) otherwise with you consent. VIC LLC may disclose aggregated data and information about VIC members and users, and information that does not otherwise specifically identify any particular person, without restriction.
VIC LLC may disclose Your Information (i) to any of its affiliates, (ii) to service providers and other third parties it uses to support VIC, (iii) to a buyer or other successor of VIC LLC in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of VIC LLC or VIC LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, (iv) to persons with whom it has a strategic relationship in connection with the marketing and provision of VIC or its services, (v) to comply with any court order, law or legal process, including to respond to any government or regulatory request, or VIC’s internal policies, (vi) to enforce its rights under these Terms, (vii) to the extent VIC LLC determines it is necessary to protect the rights, property or safety of VIC or any other person or (v) otherwise with your consent or as described to you in connection with your submission of Your Information.
ENTIRE AGREEMENT: These Terms constitute the sole and entire agreement between you and VIC LLC with respect to the subject matter hereof, and supersede all prior and contemporaneous negotiations, understandings and agreements, whether written or oral, between the parties with respect to such subject matter.