The Lead-Lag Report
Terms of Use
The Lead-Lag Report provides investors and finance enthusiasts with award-winning market research designed to provide powerful financial market insights and investment strategies. The research behind The Lead-Lag Report has received the Charles H. Dow Award (2014, 2016), the National Association of Active Investment Managers (NAAIM) Wagner Award (2014, 2015), and other reviews and praise. The Lead-Lag Report is provided solely by Lead-Lag Publishing, LLC (the “Company”, “we”, or “us”). The Company is not affiliated with any other fund or entity and is an independent organization.
The following Terms of Use (the “Terms”) confirm the requirements for you to enjoy our website www.leadlagreport.com (the “Site”), The Lead-Lag Report, and all other features, services, and products offered by the Company through our Site.
Please read the following Terms carefully before accessing or using the Site. By accessing or using the Site, you consent to and agree to be bound by the Terms. If you do not agree to these Terms, you should not access or use the Site. Please review these Terms regularly because the Company may update or change the Terms from time-to-time.
Throughout these Terms, the phrase “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, or any other information downloaded from, visible on, or otherwise provided or obtained from the Site. Some Content is available only to authorized, paid subscribers of the Site. While the following Terms apply to all visitors and users of the Site, Paragraph 5 expressly governs authorized, paid subscribers of the Site and the Company’s services.
1. SITE USE AND CONTENT. You may view or print pages from the Site solely for personal use. Authorized subscribers may also access, view, print, or download Content from the Site for personal use. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any Content from the Site without the express prior written consent of the Company.
2. NOT INVESTMENT ADVICE. THE COMPANY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE SITE. All opinions and views mentioned in TThe Lead-Lag Report constitute our judgments as of the date of writing and are subject to change at any time. Information within this material is not intended to be used as a primary basis for investment decisions and should not be construed as advice meeting the particular investment needs of any individual investor. Trading signals produced by TThe Lead-Lag Report are independent of other services provided by the Company or its affiliates, and positioning of accounts under their management may differ. The Lead-Lag Report is for informational purposes only and does not constitute an offer to sell, a solicitation to buy, or a recommendation regarding any securities transaction. The Lead-Lag Report also does not offer to provide advisory or other services in any jurisdiction. The information contained on this Site or in The Lead-Lag Report should not be construed as financial or investment advice, tax advice, or legal advice on any subject matter. Investing involves risk, including loss of principal, and past performance may not be indicative of future results. You are solely responsible for determining whether any investment, security, or strategy, or any other product or service, is appropriate for you ba
3. PERFORMANCE TESTING. The Company uses backtesting of trading signals to analyze and measure performance. Backtested performance has inherent limitations, including, but not limited to:
· Hypothetical models are designed with the benefit of hindsight after the performance of the markets during the relevant time period was already known.
· Backtested historical performance do not show the results of actual trading. No inference is made that subscribers would have the same performance results if they had used The Lead-Lag Report to invest for any part of this period.
· Because backtested performance does not represent actual trading, it may not reflect material economic and market factors, as well as the impact of cash flows, liquidity constraints, investment guidelines or restrictions and fees and expenses that would apply to actual trading.
· Backtested results assume that asset allocations would not change over time or in response to market conditions, which might have occurred in the case of actual account trading.
· The annual return information of the hypothetical portfolios assumes the reinvestment of dividends but does not include the deduction of fees or expenses which would reduce returns. Returns would be lower if advisory fees and other expenses were deducted.
As with all performance testing, past performance is not indicative of future results. The markets or The Lead-Lag Report recommendations may perform better or worse than shown in hypothetical backtested models. Investors who invest in the manner outlined by The Lead-Lag Report potentially may lose money.
4. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By accessing or using this Site, you affirm that you are more than 18 years of age and fully able and competent to enter into the conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and you agree to abide by and comply with these Terms. THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13 AND THIS SITE SHOULD NOT BE USED BY ANY CHILDREN UNDER 13 WHO ARE UNACCOMPANIED BY A PARENT OR LEGAL GUARDIAN. In accessing the Site, the Company does not warrant or represent that: (a) the Content is accurate, complete, or current; (b) the Company has any obligation to update any Content; (c) the Content is free from technical inaccuracies, typographical inaccuracies, or other errors; (d) the Content does not infringe on the intellectual property rights of any third-party; (e) the Content is free from changes caused by a third-party; (f) your access to the Site will be free from interruptions, errors, computer viruses or other harmful components; or (g) any information obtained in response to questions asked through, or postings made on, the Site is accurate or complete. Your use of the Site and the Company’s services are subject to applicable federal and state law (“Applicable Law”). The Company may, at any time and without further notice, make changes to the Site, to these Terms, or to the services described in these Terms.
5. SUBsc
(a) SUBsc
(b) USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your User ID, password, and User Account information by utilizing a Secure Socket la
(c) ACCURATE INFORMATION. In creating and using your User Account on the Site, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration or billing form required on the Site (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(d) RELIANCE BY COMPANY. You authorize Company to rely on your User ID and password to identify you when you use the Subsc
(e) SECURITY. The Company is committed to protecting the security and confidentiality of information about you and your User Account. The Company uses, and may in the future use, several different security methods to protect your User Account information, including:
• You can only access the Subsc
• The Subsc
• Your session may terminate if you navigate away from the Subsc
(f) ELECTRONIC COMMUNICATION.
(i) Email and Online Message Center. When you enroll in the Subsc
(ii) Usage of Electronic Communication. By your enrollment in the Subsc
(g) BILLING AND PAYMENT. The Company uses a third-party payment processing service to authorize and collect payments for your Subsc
(h) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about billing for your User Account, you should notify Company by email at [email protected]
(i) TERMINATION OF ACCOUNT. The Company reserves the right to terminate your use of the Subsc
6. POSTING COMMENTS. Company's Site may contain discussion forums, comment sections, message boards, or other communication facilities designed to allow you to communicate with all or a portion of the user community (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(a) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(b) advocates, or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
(c) is vulgar, obscene, pornographic, incendiary, or indecent;
(d) threatens or abuses others;
(e) is libelous or defamatory towards others;
(f) is racist, abusive, harassing, threatening or offensive;
(g) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(h) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(k) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
(l) solicits funds, advertisers or sponsors for any purpose;
(m) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
(n) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users can type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
(o) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
(p) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
(q) contains hyperlinks to other websites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to limits on use, reproduction, or dissemination, and you are responsible for abiding by any posted limitations on such use. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You acknowledge our Site may or may not pre-screen materials uploaded to the Communication Service. The Site and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates these Terms or is otherwise ob
The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Site will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE SITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE SITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE SITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
7. SUBMISSIONS. You grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this Site (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
8. PERSONAL INFORMATION. Company cautions you against giving out any personally identifying information about yourself, your children, or any other individual when using any Communication Service. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at leadlagreport.com/static/privacypolicy, as well as in conformance with all applicable laws, rules, and regulations.
9. DISCLAIMERS.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE SUBsc
(b) INDEMNIFICATION. You agree to defend, indemnify and hold the Company and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by the Company, directly or indirectly, with respect to or arising out of your: (i) failure to comply with, or breach of, these Terms; (ii) failure to pay User Account fees requested by an Authorized User; (iii) use of the Subsc
10. LIMITATION OF LIABILITY. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE, THE SUBsc
11. PRIVACY; DISCLOSURE OF ACCOUNT INFORMATION. The Company will not share, sell, or otherwise disclose any personal information about you (such as your email address or User Account information) to any third-party except as expressly authorized by you, as provided below, or as otherwise set forth in Company’s Privacy Policy located at leadlagreport.com/static/privacypolicy. Notwithstanding the foregoing, the Company may disclose your personal information:
• to the Company’s authorized third-party payment processing partner(s) where disclosure is necessary to authorize, validate, process, or collect payment, or to resolve inquiries related to payment;
• to verify the condition and existence of your User Account for a third-party, such as a credit bureau or authorized payment processing partner;
• to a consumer reporting agency if and to the extent permitted or required by Applicable Law;
• to assist federal or state law enforcement agencies with their official duties;
• to comply with a government agency or court order, such as a lawful subpoena, or to otherwise comply with Applicable Law;
• to Company employees, service providers, accountants, or attorneys in the course of their duties on behalf of the Company, provided each such individual is obligated under written agreement or canon of ethics to maintain the confidentiality of your personal information; or
• if you give the Company written permission (including email) to share information.
12. THIRD-PARTY CONTENT.
(a) The Company may provide hyperlinks to other websites maintained by third-parties, or the Company may provide third-party content on the Site by framing or other methods. LINKS TO THIRD-PARTY SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY SITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third-party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with the Company. Any website that is linked to, or accessible from, our Site: (i) may link to, but not replicate, the Company’s Content; (ii) may not create a browser, border environment, or fr
13. COPYRIGHT AND TRADEMARKS. The trademarks, service marks, and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company that may be referred to on the Site are the exclusive property of the Company. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trademarks or service marks without the Company’s prior written permission. Neither the name of the Company nor any Company trademarks, service marks, logos, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without Company’s prior written permission, except that a third-party Site that desires to link to the Site and that complies with the requirements of Paragraph 12(b) above may use the name “Lead-Lag Report” in or as part of that URL link. If you believe that any Content on the Site violates any intellectual property right of yours, please contact Company at the email address set forth at the bottom of these Terms.
14. LOCAL LAWS. The Company makes no representation that content or materials in the Site are appropriate or available for use in any jurisdiction outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. The Company is not responsible for any violation of law. You may not use or export the Content or materials in the Site in violation of U.S. export laws and regulations. You agree that the Site, these Terms and the Subsc
15. AVAILABILITY. Information the Company publishes on the Site may contain references or cross-references to products, programs or services of the Company that are not necessarily announced or available in your area. Such references do not mean that the Company will announce any of those products, programs, or services in your area at any time in the future. You should contact Company for information regarding the products, programs and services that may be available to you, if any.
16. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Site with his or her User ID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third-party. Any such attempted assignment or delegation will not be recognized by Company unless acknowledged by the Company in writing. The Company has no obligation to provide you with written acknowledgment. The Company may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third-party or entity.
17. TERMINATION OF SERVICE. Company reserves the right to monitor use of its Site to determine compliance with these Terms, as well as the right to edit, refuse to post, remove posts, or remove any other information or materials, in whole or in part, at its sole discretion. We may terminate your User Account or right to access secured portions of the Site at any time, without notice, for conduct that we believe violates these Terms or that may be harassing, offensive, discriminatory, or otherwise harmful to other users of the Site, to the Company, to the business of the Site’s internet service provider, or to third-parties.
18. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition, or any other term or condition. The Company’s delay or failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Company’s Privacy Policy located at leadlagreport.com/static/privacypolicy are the entire agreement between you and Company with respect to your use of the Site and the Subsc
Your Consent to This Agreement
By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms. If the Company changes these Terms, we will post the updated Terms on the Site so you will always be able to understand the terms and conditions that apply to your use of the Site, the Subsc
If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by email at [email protected].
LAST UPDATED: September 3, 2020