TERMS AND CONDITIONS

These Terms of Use (“Terms”) represent a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and the author (the “Content Creator,” “we,” “us,” or “our”) of the investment Newsletter and Newsletter website (collectively, the “Newsletter”). These Terms govern your access to and use of the Newsletter. By accessing and using the Newsletter, you agree that you have read and accept these Terms in full. If you disagree with these Terms or any part of these Terms you must not access or use the Newsletter. The Newsletter is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to access or use the Newsletter.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued access or use of the Newsletter after the date such revised Terms are posted.

The Newsletter is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would be subject to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Newsletter from locations outside of the United States do so on their own initiative and are solely responsible for compliance with applicable local laws.

By using the Newsletter, you represent and warrant that: (1) you have the legal capacity to enter into these Terms; (2) you are not a minor in the jurisdiction in which you reside: (3) if you are accessing the Newsletter on behalf of an entity, you have the authority to legally bind such entity; and (4) your use of the Newsletter will not violate any applicable law or regulation.

INTELLECTUAL PROPERTY

Unless otherwise indicated, the Content (as defined below) made available by the Content Creator through the Newsletter is the property of the Content Creator or licensed to the Content Creator and is protected by trademark, copyright, and other intellectual property and unfair competition laws. The term “Content” includes without limitation text, graphics, images, animations, videos, data, designs, logos, button icons, stories, tools, calculators, and the arrangement, collection and assembly of the same.

Subject to your compliance with these Terms, you are granted a limited license to access, view, display, download, and print the Newsletter, including the Content contained therein, to which you have properly gained access, solely for your own personal, non-commercial use, and subject to the restrictions set forth herein. We reserve all rights in and to the Newsletter and the Content not expressly granted.

RESTRICTIONS ON USE

While using the Newsletter, you represent and warrant that you will comply with all applicable laws, rules, and regulations. In addition, you specifically agree not to:

Use the Newsletter for any unlawful purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble the Newsletter or any portion thereof.
Reproduce, duplicate, copy, or otherwise exploit the Newsletter for a commercial purpose.
Harvest or collect information about Newsletter visitors without their express consent.
Restrict or inhibit any other visitor from using the Newsletter, including, without limitation, by means of “hacking” or “cracking” or defacing the Newsletter or any portion thereof.
Remove any copyright, trademark, or other proprietary rights notices contained in the Newsletter.
Frame or mirror any part of the Newsletter without the Content Creator’s prior written authorization.
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Newsletter or its contents.
Use the Newsletter in any way that causes or may cause damage to the Newsletter or impairment of the availability or accessibility of the Newsletter.

USER FEEDBACK

In the event you provide to Content Creator any feedback, suggestions, ideas, or identification of problems or deficiencies and possible remedies therefor (collectively, “Feedback”) with respect to the Newsletter or any related product or service provided by Content Creator or its affiliates, you grant us and our affiliates a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable license to use such Feedback in any ways, including but not limited to providing you or other users with the Newsletter, improving the Newsletter, or creating or offering new products or services.

TERM & TERMINATION

Your Subscription will automatically renew and continue until terminated by the Company or until you notify the Company of your cancellation. You may cancel your Subscription at any time. Your registration constitutes advanced consent to receive and pay for the Subscription in the future on a continuing basis, without further consent, until you or the Company cancels the Subscription.

The Company has the right to terminate your subscription, account or disable OR change any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of THIS AGREEMENT.

PRICING, BILLING, FEES, & TRANSACTIONS

When you purchase a Service, the price and billing period, if applicable, will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. The Company reserves the right to change prices and fees at any time, however, we will notify you in advance if the regular rate of a Subscription changes from the price stated at the time of your order. If you do not wish to pay the new price, you may cancel your Subscription or purchase from that point forward. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.

You acknowledge and agree that the Company reserves the right to charge a fee for any portion of the Services. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or Subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto, and you will be responsible for paying such fee for the balance of your Subscription or use of the Services. If the Company suspends or terminates your account and/or access to the Services because you have breached this Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

If you subscribe to a paid Service or purchase a product made available through the Services, (each such purchase, a "Transaction"), you will be asked to provide certain information to complete such purchase, which may include your credit card number, the expiration date of your credit card, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You further agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred including all shipping and handling charges and applicable taxes. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You are responsible for any taxes that may be applicable to your Transactions. We may be required by law to collect sales or other taxes on orders shipped to certain jurisdictions and if your order is shipping to these jurisdictions, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation.

We reserve the right to collect such taxes in any other jurisdictions if we believe that such collection is required by law.

The prices displayed on the Services are quoted in U.S. dollars, unless otherwise indicated. All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.

We use a third party company to perform membership payment functions on our behalf. In the event that we are informed by the third party payment company that your renewal fee has not been paid in full, you may be contacted by our third party payment company to rectify the payment issue and be asked to provide an alternative method of payment. In the event of a default in payment for any reason, we reserve the right to cancel your membership at any time thereafter or to continue your membership until the payment default is resolved.

You may cancel your membership at any time by contacting us using the details below under the heading “Contact us.” We reserve the right to cancel your membership in the event of non-compliance with any of these Terms of Use.

To cancel your membership, email us at phil@beyondbuyhold.com or contact us by post or courier to the address listed on our website. Your cancellation notice will be deemed effective as follows: (i) if sent by email, then on the next business day, (ii) if sent by post, on the tenth business day following the date of posting, and (iii) if sent by courier service, on the business day following the courier service provider’s stated date of arrival.

You will not be entitled to a refund of the annual membership fee in the event that your membership is terminated part way through the year.

REGISTRATION, ACCOUNT, AND PASSWORD

In order to access certain Site Content and other products and services of Beyond Buy & Hold, you will have to create an account and become a member. Membership is offered for a period of 12 months from the date of subscription and will be automatically renewed for a 12 month term at the expiry of the initial term (unless you cancel your membership prior to the automatic renewal taking place). If you are not a member you may browse all areas of the Site or use the parts of the Services that are not limited to Members only. To become a subscribing member to our premium newsletter, you must provide a valid payment method and other payment information at the time of registration. When you register, you will be asked to provide a username, password and/or other piece of information as part of our security procedures. You must treat such information as confidential. In particular, you are responsible for the privacy and safety of your password and you agree not to disclose it to a third party. By becoming a member (i) you agree to immediately notify us of any unauthorised use of your password, (ii) you warrant that all information provided by you (whether at time of registration or afterwards) is accurate, true and complete at the time it is given; (iii) you consent to the use of electronic means to provide you with any notices given pursuant to these Terms of Use, and (iv) you consent to the use of electronic records to store information related to our Site or Terms of Use.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at phil@beyondbuyhold.com.

ACCOUNT SECURITY

You agree to take all reasonable steps to protect the Services from unauthorized access or use. Upon registering, you will use your email address as a user name and choose a password that will permit you to access the Service(s), you must treat such information as confidential, and you must not disclose it to any other Person. You agree that you will be the sole User of the Services under your account. Your user name and password are subject to cancellation or suspension by the Company, including upon your misuse of the usernames or passwords in any way. You agree that you will use your best efforts to prevent any third party from obtaining your username and password, and you will immediately inform the Company of any actual or potential unauthorized access to a username or password or to the Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.

AUTO-RENEWAL & CANCELLATION POLICY

Purchased Subscriptions are auto-renewed at the end of the Subscription term and will continue until canceled by either you or the Company. You may or may not receive renewal reminders prior to being charged for such renewals. Renewal prices are subject to change. In the event that the Company is unable to process your credit card payment (when applicable) for a payment or renewal, we reserve the right to terminate your access to Services without prior notice. You may cancel your Subscription at any time and the Company may terminate, or change a Service at any time.

If you wish to cancel your subscription, you will not be credited with a prorated refund for the unused portion of your subscription. You will retain access until the end of your term and your subscription will not be auto-renewed.

To cancel a Subscription, you can email us at phil@beyondbuyhold.com.

FREE TRIALS & SPECIAL INTRODUCTORY OFFERS

If you sign up for a trial or introductory offer to a Service (collectively, a "Trial"), your Trial will automatically convert into a continuous, regularly priced paid Subscription at the end of the Trial period unless a cancellation request is received prior to the end of the specified offer period as further set forth below. Such regular Subscriptions will auto-renew unless otherwise stated in the offer that you accepted.

All Trials are subject to change without prior notification. Note that for Trials you may be billed for a regularly priced paid Subscription of a Service up to seven (7) days prior to the end of the Trial period, however, if you cancel within the Trial period, such billed amount will be refunded. If you do not want to be charged, you must give notice of cancellation at least seven (7) days before the end of the Trial period.

RESTRICTIONS

Certain Services may be subject to restrictions including, without limitation, geographic limitations, as may be posted by the Company from time to time. Please read the terms of each offer carefully before accepting. The Company reserves the right to immediately terminate your Subscription, including any Trial, to any Service, at any time, if it determines (at its sole discretion) there has been abuse of these restrictions.

THIRD PARTY PRODUCTS AND/OR SERVICES

The Newsletter may contain links to other websites and resources (“Third-Party Websites”) or may reference products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise. Inclusion of such links and references does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Content Creator. For the avoidance of doubt, the Content Creator has not reviewed all of the sites linked to in the Newsletter and is not responsible or liable for the content of any such Third-Party Websites or the products of services offered on such Third-Party Websites. Use of any such linked sites, products, and services will be governed by the agreements and policies relating to the use of these sites, products, and services, and is at your own risk.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Websites or your purchase of such products or services.

The Newsletter may provide information from or links to certain brokerage companies for your convenience only. The Content Creator does not endorse or recommend the services of any brokerage company. The brokerage company you select (and not the Content Creator) is solely responsible for its services to you.

DISCLAIMERS

The Beyond Buy & Hold newsletter is published and provided for informational and entertainment purposes only. The information in the Newsletter constitutes the Content Creator’s own opinions. You understand that the Content Creator is not advising, and will not advise you personally, concerning the nature, potential, value, or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. Neither Beyond Buy & Hold nor any of its owners or employees is registered as a securities broker-dealer, broker, investment advisor (IA), or IA representative with the U.S. Securities and Exchange Commission, any state securities regulatory authority, or any self-regulatory organization. To the extent any of the information contained in the Newsletter may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Beyond Buy & Hold recommends you consult a licensed or registered professional before making any investment decision.

Investing in the financial products discussed in the Newsletter involves risk. Trading in such securities can result in immediate and substantial losses of the capital invested. Any individual who chooses to invest in any securities of the companies mentioned, referred to or profiled in the Services should do so with caution. It should NOT be assumed that any methods, techniques, or indicators presented on or in connection with the Services will be profitable or that they will not result in losses. Should you take any such action or decision based on information in the Site or the Site Content, you do so entirely at your own risk.

Beyond Buy & Hold, its affiliates and their respective representatives shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or the Site Content and shall not be responsible or liable for any trading or investment decisions made based on such information. You agree to hold the content creator and its affiliates and partners harmless from any ramifications, financial or otherwise, that occur to you as a result of acting or relying on the newsletter content.

Beyond Buy & Hold Services may contain information regarding the historical trading performance of Beyond Buy & Hold owners or employees or affiliates. Past performance is not necessarily indicative of future results. Actual results will vary widely given a variety of factors such as experience, skill, risk mitigation practices, and market dynamics.

The information contained within the Site Content is from sources which Beyond Buy & Hold believes to be accurate, including third party contributors. Beyond Buy & Hold does not independently verify information provided by third party contributors and makes no warranty as to the completeness or accuracy of information obtained from such third parties, nor can it accept responsibility for errors of such third parties appearing on the Site or in the Site Content.

From time to time, the Content Creator or its affiliates may hold positions or other interests in securities mentioned in the Newsletter and may trade for their own account(s) based on the information presented. Beyond Buy & Hold has not been paid directly or indirectly by the issuer of any security mentioned in our Newsletters.

LIMITATION OF LIABILITY

In no event will the content creator, its affiliates, partners, members, managers, directors, officers, employees or agents be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data, arising from your use of the Newsletter, or any of the content or other materials on, accessed through, or downloaded from the Newsletter, even if the content creator or its affiliates, partners, members, managers, directors, officers, employees or agents is aware or has been advised of the possibility of such damages.

To the maximum extent permitted by law, content creator assumes no liability or responsibility for: (1) errors, mistakes, or inaccuracies of the Newsletter, (2) personal injury or property damages, or any nature whatsoever, resulting from your access to and use of the Newsletter, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Newsletter, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Newsletter, and/or (6) any errors or omission in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Newsletter.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Content Creator, its affiliates, officers, directors, members, managers, employees, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys’ fees) arising from: (i) your use of the Newsletter; (ii) your violation of these Terms; (iii) your User Contributions; and (iv) your infringement of any intellectual property or other right of any person or entity in connection with your use of the Newsletter and/or your User Contributions.

CLASS ACTION WAIVER

Both you and the company waive the right to bring any controversy, claim, or dispute arising out of or relating in any way to your use of the services or purchases through the services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.

MODIFICATION AND INTERRUPTIONS

We have the right but not the obligation to monitor the Newsletter. The Newsletter may be unavailable from time to time for maintenance or other reasons. We reserve the right to change, revise, suspend, discontinue, or otherwise modify the Newsletter at any time and for any reason without notice. You agree that we have no liability whatsoever for any loss, damages, or inconvenience caused by your inability to access or use the Newsletter during any downtime or discontinuance of the Newsletter. Nothing in these Terms will be construed to obligate us to maintain and support the Newsletter or to supply any corrections, updates, or releases in connection therewith.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you access and use the Newsletter. Those sections of these Terms which by their nature should survive termination or expiration of these Terms, shall survive, including but not limited to the following provisions: “Disclaimer”; “Limitation of Liability”; “Indemnification”; “Term and Termination”; “Governing Law”; and “Dispute Resolution.”

We reserve the right to terminate your access to the Newsletter (including blocking certain IP addresses) immediately and without notice or liability to you for any reason or no reason, including if we become aware and determine, in our sole discretion, that you are violating any of these Terms, including but not limited to the Restrictions on Use and any representations, warranties, or covenants contained in these Terms. Immediately upon termination, you must cease all access and use of the Newsletter.

CHANGES TO THE SERVICES OR THE AGREEMENT

The Company may, at any time, change or discontinue any aspect or feature of a Service, including Content, hours of availability, and equipment and software needed for access or use. We may update the Content, including, but not limited to, any Data on the Services from time to time, but Content is not necessarily complete or up-to-date. Any of the material on the Services may be out-of-date at any given time, and we are under no obligation to update such material.

You agree to be bound by future revisions of this Agreement. It is your responsibility to visit the "Terms of Use" link at the bottom of Investors.com homepage periodically to review the most current terms and conditions. The Company may also impose limits on certain features and services or restrict your access to parts or all of a Service without notice or liability. We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to Users, including registered Users.

The Company may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

DISSEMINATION, DISCONTINUANCE, OR MODIFICATION

You understand that, at any time, the Company may discontinue disseminating any feature of the Services, including, but not limited to, any category of Data, may change or eliminate any transmission method, and may change transmission speeds, or other signal characteristics. You will not hold the Company liable for any resulting liability, loss, or damages that may arise therefrom. You acknowledge that the Company, in its sole discretion, may from time to time make modifications to its system(s), the Services, or Data.

PRIVACY POLICY

Your use of the Newsletter and our website is subject to our Privacy Policy, available here . Please review the Privacy Policy for more information about how we collect and use personal information.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms or the Newsletter shall be an appropriate state or Federal court located in the State of Massachusetts.

DISPUTE RESOLUTION

Except where and to the extent prohibited by law, you agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Newsletter or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), the parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. The parties agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeals rights. Arbitration shall take place in Norfolk County, Massachusetts. The number of arbitrators shall be three (3). The language of the proceeding shall be English. The governing law shall be the substantive law of Massachusetts.

ELECTRONIC COMMUNICATIONS

Visiting the Newsletter, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE NEWSLETTER. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Newsletter or in respect to the Newsletter constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights or obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created by you and us as a result of these Terms or use of the Newsletter. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

ENTIRE AGREEMENT

This Agreement, the Privacy Policy, the Arbitration & Class Action Waiver Agreement, any supplemental terms, applicable Third-Party Terms (as defined below) and any other required documents for use of the Services, constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Services.

CONTACT US

If you have any questions, comments, or concerns about these Terms, please contact us by email at phil@beyondbuyhold.com or by post at 685 Main Street, Suite 138, Walpole, MA 0208.

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