AGREEMENT FOR ACCESS TO WEBSITE AND USE OF CONTENT
Please read the following carefully before using this website, our reports, and all other content associated with The Manual of Ideas or BeyondProxy LLC.
BeyondProxy LLC (“BeyondProxy,” “we” and “us”) offers you access to our Internet website (the “Site”) and to view The Manual of Ideas (“MOI”) content, including but not limited to The Manual of Ideas, ValueConferences, Latticework, BeyondProxy, Value Investing Podcast, MOI e-mails and all other information, documents, research reports, data and investment judgments expressed on the Site (collectively the “Content”), subject to the “Terms and Conditions” set forth below which shall govern your access to the Site and use of the Content. By your accessing the Site, you are signifying your acceptance of our Terms and Conditions and your agreement to be legally bound by them.
BeyondProxy reserves the right to change the Terms and Conditions at any time. Your continued accessing of our Site will be deemed as your acceptance of any such modified Terms and Conditions.
TERMS AND CONDITIONS
No Investment Advice
You acknowledge that the Content available on the Site is for informational purposes only and should not be construed as investment advice or a recommendation that you, or anyone you advise, should sell or buy any security or other investment, or undertake any investment strategy, discussed or evaluated on the Site. Moreover, if an investment firm or financial services firm is described or mentioned in our Site’s Content, you acknowledge that such description or mention does not constitute a recommendation by BeyondProxy that you engage or otherwise use such firm.
While the Content available on the Site comprises information, research and data about particular securities and other investments, you shall not construe such Content as constituting representations on our part that any security, other investment or investment strategy is suitable for you, or for anyone you advise. In this regard, you acknowledge that not all securities, other investments or investment strategies are suitable for all investors.
In view of the foregoing, you acknowledge and agree that, prior to executing any trades, you will make your own independent verification of financial information and evaluation of the investment merits and suitability for you, or anyone you advise, of the securities, other investments or investment strategies, that may be presented, evaluated or discussed within our Site’s Content. You further agree that you will not use any of the Content for or in connection with making tax, legal or accounting decisions, or advising others regarding tax, legal or accounting matters.
Nothing contained in the Content should be considered a recommendation or advice to purchase or sell any security or other investment, or to undertake a particular investment strategy.
The Content on the Site has been carefully compiled from sources which we believe to be accurate and reliable. However, we make no claims, representations or warranties as to the accuracy, completeness, timeliness, reliability or truth of any of the material comprising the Content. The Content is presented without any express or implied warranties of any kind whatsoever. Simply stated, the Content available on our Site is provided on an “As Is” basis.
We and our “Content Providers” (as hereinafter defined) disclaim any obligation (i) to update the Content in any way after the date of publication, or (ii) to provide to you information that reflects circumstances that may have changed, or new information that may have been acquired, thereafter relating to the Content, notwithstanding that such updated information or changed circumstances might have a material effect on any security, other investment or investment strategy presented in the previously published Content.
The Content will contain or reflect the opinions, judgments and analyses of BeyondProxy and other parties who provide Content to us (collectively “Content Providers”) with respect to securities, other investments and investment strategies. We disclaim any responsibility for any portion of the Content which is received from or created by Content Providers including, without limitation, reports of news, analyses, research or other data. In this regard, you acknowledge that the mere fact that we publish the opinions, judgments or analyses of Content Providers does not in and of itself make such opinions, judgments or analyses ours, nor render us liable for any errors, omissions, inaccuracies or negligence with respect thereto.
Any opinion, judgment or analysis of a Content Provider who is quoted or otherwise reflected in the Content on our Site shall be understood to be the opinion, judgment or analysis of that person alone, and not that of any firm which employs such person or with whom such person may be affiliated. It is acknowledged that other persons employed by or affiliated with such firm may have entirely different opinions, judgments or analyses with respect to the same subject.
The Contents are provided to you for informational purposes only and any discussion of past performance of any security, other investment or investment strategy should not be considered as being indicative or a guarantee of future performance. The price and value of securities referred to on this Site will fluctuate. Loss of all of the original capital invested in a security discussed on this Site may occur. Certain transactions, including those involving futures, options, and other derivatives, give rise to substantial risk and are not suitable for all investors. You acknowledge that you understand that, due to many factors over which neither we nor our independent Content providers have control, actual and subsequent events, performances and/or outcomes may differ substantially from any estimates, projections or predictions that might have been made in the Content of our Site.
BeyondProxy’s officers, directors, employees and/or principals (collectively “Related Persons”) may have positions in and may, from time to time, make purchases or sales of the securities or other investments discussed or evaluated on the Site, which includes the MOI content, including but not limited to The Manual of Ideas.
Ivan (John) Mihaljevic, Chairman of BeyondProxy, is also a principal of Mihaljevic Capital Management, LLC (“MCM”), an investment firm that serves as the general partner of Mihaljevic Partners LP (the “Fund”), a private investment partnership. MCM and/or the Fund may purchase or sell securities and financial instruments discussed in the Site Content on behalf of certain accounts it manages.
You are hereby advised that Related Persons and Content Providers on the Site, whose opinions, judgments and analyses of particular securities or other investments are discussed or reflected in the Content may serve as officers or directors of companies that are issuers of such securities or other investments.
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Links to Third-Party Web Sites
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Disclaimer of Warranties and Limitation of Liability
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Intellectual Property Rights in Content and Site
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Arbitration shall be final and binding on the parties and judgement upon the arbitration award may be entered in any court, state, federal or foreign, having jurisdiction over the subject matter thereof. Except as otherwise provided below, the parties hereby waive their right to seek remedies in court, including the right to jury trial. You acknowledge and accept the fact that arbitration discovery is generally more limited than and different from that in court proceedings, and that the arbitrator’s award is not required to include factual findings or legal reasoning, and any party’s right to appeal or seek modification of rulings by the arbitrator is strictly limited. The arbitrator shall be a person who has experience in the securities and/or financial services industries. Each party shall bear its own attorney’s fees and costs of arbitration.
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You further acknowledge your understanding that our Site and Content is in no way intended to be a solicitation for money management services offered by Ivan (John) Mihaljevic, a principal of BeyondProxy, or any other Related Persons or Content Provideres.
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Any and all headings in the text of this Agreement are solely for convenience and reference, and do not constitute a part of this Agreement; nor shall they be construed to affect the meaning, construction or legal effect of this Agreement.
By accessing the Site or using any of the Site’s Content, you knowledge and agree: (i) that you (including your representatives, heirs, executors, administrators, assigns and attorneys-in-fact) intend to enter into a legally binding contract between you and BeyondProxy; (ii) that you have read and agree to the Terms and Conditions of this Agreement; (iii) that you agree and intend that this Agreement be the legal equivalent of a signed, written contract, and that it be equally binding ; and (iv) that by electronically agreeing to this Agreement, you acknowledge that you have received a copy of this Agreement by your viewing the web page where this Agreement is displayed or otherwise.
Posted as of December 8, 2008. Last updated February 22, 2016.