Terms and Conditions of Use 

 

Access to this Web site is provided by Emerging Advisory, LLC and its publication Leeb’s Income Performance Letter. For purposes of this agreement, "LIP" shall mean Emerging Advisory, LLC its publications, its affiliates, and their officers, directors, managing directors, partners, and employees.

 

Monitoring by LIP

 

Your use of the products and services on this Web site may be monitored by LIP, and that the resultant information may be used by LIP for its internal business purposes or in accordance with applicable law.

 

Information Made Available Through this Service

 

You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via this Web site only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of LIP. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. LIP reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by LIP or the third party providers from whom LIP has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.

 

No warranties made as to content; no responsibilities to update

 

LIP makes no warranty, express or implied, concerning any information or services provided by this Web site.  The information and services provided by us and our third party providers are on an "AS IS" basis at your sole risk.  LIP expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.

 

Neither LIP nor any of its third party providers shall have any responsibility to maintain the information and services made available on this Web site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.

 

No liability for content; no liability arising from use

 

LIP shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between LIP and you, regardless of whether the connection or communication service is provided by LIP or a third party service provider. LIP shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Web site or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will LIP be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Web site, even if LIP has been advised of the possibility of such damages. LIP will have no responsibility to inform you of any difficulties experienced by LIP or third parties with respect to the use of the services or to take any action in connection therewith.

 

No warranties made as to security

 

LIP makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service.

 

Content not to be construed as a solicitation or recommendation

 

LIP is a publisher.  LIP is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority.  The information, materials, newsletters and reports (“Materials”) contained in or accessed through this Web site have been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and LIP is not soliciting any action based upon it.  Said Materials are not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy.  Certain transactions, including those involving equities, options, and high-yield securities, give rise to substantial risk and are not suitable for all investors. LIP is not responsible for any trades placed by the recipients of LIP based on the information included therein. Investment recommendations are not intended to be construed as personal advice and readers should consider their personal situation before making any investment. All opinions expressed and information and data provided therein are subject to change without notice. Although this material is based upon information that LIP considers reliable and endeavors to keep current, LIP has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such. LIP, its officers, directors, employees, and/or associated entities may have positions in and from time to time make purchases or sales of the securities discussed or mentioned in LIP. LIP shall have no liability for any newsletter, email or fax that is lost, intercepted or not received by you in a timely manner, or at all, for any reason.

 

 

No determination of suitability has been made; not all risks are disclosed; private advisors should be consulted

 

The fact that LIP has made the data and services provided on this Web site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Web site or in the Materials is suitable or appropriate for you. Many of the products described on this Web site or in the Materials involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

 

No representations made as to other sites or links

 

This Web site may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. LIP is providing such links solely as a convenience to you. Accordingly, LIP makes no representations concerning the content of the Sites. The fact that LIP has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by LIP with respect to the Site, its owners, or its providers. LIP has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein

 

Termination 

 

This Agreement shall remain effective until terminated in accordance with its terms.  LIP may terminate this Agreement, and/or your access to and use of the Web site or Materials or any portion thereof, immediately, at any time.

 

Indemnification

 

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Web site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Web site or any services related to the Web site.

 

Miscellaneous

 

This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law.  You agree to personal jurisdiction by the federal and state courts located in New York, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  This, together with all LIP policies referred to herein and on the Web site, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.

 

USE OF THIS WEB SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT