Terms and Conditions

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 based on your investment objectives and personal financial situation. Finally, you are urged to consult with an attorney or tax professional regarding all legal or tax considerations applicable to you.

 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.           SUBscriptION SERVICE, USER ACCOUNT, SECURITY, AND ELECTRONIC COMMUNICATION.

(a)  SUBscriptION SERVICE. Certain Content, products, and services available through the Site require registration for account access and payment of fees (the “Subscription Service”).  The Subscription Service is available by clicking on the login at leadlagreport.com/static/login. For the Subscription Service, you must provide the Company (and its authorized third-party billing partner(s)) with certain account-specific information to authenticate, protect, and use the services, including a user identification name (“User ID”), valid email address, and password for your Subscription Service account (collectively, the “User Account”). You also will be required to authenticate yourself for billing purposes by providing your name, mailing address, valid email address, payment method, and such other information required to process payment.  Finally, if your User Account is held by an entity or otherwise permits more than one authorized user, you may be asked to designate each individual who has permission to access to your User Account (each authorized individual, an “Authorized User”). You may never use another person’s User ID or User Account without the Company’s written permission. When your Subscription Service is linked to one or more User Accounts or to multiple Authorized Users, the Company may act on the oral, written, or electronic instructions of any Authorized User regarding your service for all such accounts. It is your responsibility to notify the Company if an Authorized User should no longer be given access to a User Account through the Subscription Service.

(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 layer (“SSL”) connection. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Site. However, you are ultimately responsible for protecting your User ID, password, and User Account information from disclosure to third-parties. You are required to take reasonable precautions to safeguard your User ID and password and you are not permitted to circumvent the use of required encryption technologies. You agree to notify the Company immediately of any unauthorized use of your User ID, password, or User Account, or any other breach of security by emailing the Company [email protected] You are solely responsible for any activity that occurs with respect to your User ID and User Account. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(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 Subscription Service, and as signature authorization for any payment made using the Subscription Service. You acknowledge and agree that you are responsible for all payments you make using the Subscription Service and for paying all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Subscription Service or give them your User ID and/or password, you are responsible for any payment that such person incurs while using your User Account, even if the person exceeds your authorization or is not an Authorized User.

(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 Subscription Service with certain browsers that have high security standards.

•        The Subscription Service will automatically log off if prolonged periods of inactivity occur.

•        Your session may terminate if you navigate away from the Subscription Service to another website.

(f)   ELECTRONIC COMMUNICATION.

(i)    Email and Online Message Center. When you enroll in the Subscription Service, you must designate a valid, primary email address that will be used for receiving electronic communication. To the extent the Company maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by the Company for providing you notices pursuant to these Terms, as permitted by Applicable Law, or generally regarding your User Account(s). The Company will never send you email requesting confidential information such as your User ID, password, credit card, or bank account information, and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Company requesting your personal or confidential information, do not respond to the email and notify COMPANY by forwarding the email to [email protected]

(ii)   Usage of Electronic Communication. By your enrollment in the Subscription Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your User Account. You also agree the Company may respond to any communication you send to Company with an electronic communication, regardless of whether your original communication with Company was via electronic communication. Any electronic communication Company sends to you will be considered received within one (1) calendar days after the date such communication is sent by computer servers utilized by Company to the email address you designate in your account profile or posted to Company’s online message center (if applicable).

(g)  BILLING AND PAYMENT. The Company uses a third-party payment processing service to authorize and collect payments for your Subscription Service. Upon requesting access to the Subscription Service, the Company will provide you with a link or other reference page to the Company’s authorized third-party payment processing service. All authorization and processing of your payment will be subject to the terms, conditions, and privacy policies of the payment processor. The Company does not control or cannot be held liable for the security or performance of any third-party payment processor.

(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 Subscription Service for any reason, including without limitation violation of these Terms, failure to timely pay applicable fees, or User Account inactivity, without notice to you.  You have the right to terminate your use of the Subscription Service at any time by emailing the Company at [email protected] Any termination of your User Account or use of the Subscription Service, whether initiated by you or by Company, will not affect any of your or the Company’s rights and obligations under these Terms.

 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 objectionable as determined by the Site in its sole discretion.

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 SUBscriptION SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE SITE AND THE SUBscriptION SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE SUBscriptION SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE SITE, THE SUBscriptION SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SUBscriptION SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE SITE AND/OR THE SUBscriptION SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(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 Subscription Services hereunder, including without limitation reliance on the Content for the purchase or sale of any securities, (iv) any claims made by any third-parties; and (v) your violation of any third-party right, including without limitation any intellectual property right or privacy right.

 10.        LIMITATION OF LIABILITY. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE, THE SUBscriptION SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, THE SUBscriptION SERVICE, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SUBscriptION SERVICE, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, THE SUBscriptION SERVICE, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE, THE SUBscriptION SERVICE, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE BY ANY THIRD-PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 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 frame the Company’s Content; (iii) may not imply the Company is endorsing it or its products; (iv) may not misrepresent its relationship with the Company; (v) may not present false or misleading information about the Company’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

 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 Subscription Service shall be interpreted and governed in accordance with United States federal law and, to the extent not preempted by United States federal law, with the laws of the state where the Company maintains your User Account. The Site and the Subscription Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where the Company maintains your User Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

 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 Subscription Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and Company regarding the Site and the Subscription Service.

 

 

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 Subscription Service, and any other products and services offered by the Company. Your use of the Site or the Subscription Service following any amendment of these Terms will signify your assent to and acceptance of the revised Terms.

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