Terms of Service
Last Modified: November 22, 2023
KFGR 1. Acceptance of Terms of Use.
These terms of use ( “Terms of Use ”) are entered into by and between you and Keith Fitz-Gerald Research ( “KFGR, ” “we, ” “us ” or “our ”) and govern your access to and use of the KFGR's website including but not limited to www.keithfitz-gerald.com, KFGR's services (the “One Bar Ahead Product ”), and all content and functionality associated therewith (collectively, the “Service ”).
Please read these Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Service.
The Service is offered and available to users who are eighteen (18) years of age or older. If you are not at least 18, you must not access or use the Service.
2. Service Features, Functionality and Availability.
You may use the Service when and as available. Although we generally intend for the Service to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We further reserve the right to change, modify, eliminate and/or restrict or block access to all or any part of the Service, including any features or content displayed or made available through the Service, from time to time with or without notice to you, in our discretion. We will not be liable to you if for any reason all or any part of the Service is unavailable at any time for any period.
3. Accessing the Service and Account Security.
(a) You are responsible for: (i) making all arrangements necessary for you to have access to the Service, including without limitation, your Internet connection; and (ii) ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Use and comply with them.
(b) You may browse certain pages of the Service without first registering as a user (a “User ”). However, for complete access to the Service, including without limitation, the One Bar Ahead Product, you must register as a User. To register as a User, click. It is a condition of your use of the Service that all the information you provide as part of registering as a User or in connection with your use of the Service is accurate, current and complete.
(c) If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your User account at the end of each session. You should use particular caution when accessing your User account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable 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.
4. Privacy.
You agree that all personal information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Notice, and you consent to all actions we take with respect to your personal information consistent with our Privacy Notice.
5. No Reliance; No Offer or Advice.
KFGR makes no representation or warranty that the information on the Service is accurate, reliable, up-to-date or complete. Neither KFGR nor any third party can guarantee the accuracy of the information. The Service is provided for informational purposes only and does not constitute and should not be construed as a solicitation or offer, endorsement, or recommendation to acquire or dispose of any investment or to engage in any other transaction whatsoever. Nothing in the Service constitutes, nor should it be construed as, investment, legal, tax or other advice of any nature whatsoever and it should not be relied on in making an investment or other decision. You should obtain relevant and specific independent professional advice before making any investment or other decision. You hereby agree that you will not hold KFGR responsible at law or in equity for any decisions of whatever nature you make or refrain from making in connection with your use of the Service. You further specifically acknowledge and agree that:
(a) KFGR is a publishing company dedicated to providing innovative research for extraordinary times and fintech development. KFGR is NOT a United States Securities Dealer or Broker, or U.S. Investment Adviser, nor a registered trader, dealer, or broker of ANY jurisdiction and or country. Further, KFGR's principal, Keith Fitz-Gerald, is an independent market researcher, analyst and subject matter expert. His opinions are his own and he does not accept compensation in any form from any company or companies he reviews.
(b) All investing has inherent risks, and it is impossible to guarantee future results or profits. You understand and agree that past performance does not assure future results and that you can lose some or all your money in any investment. You understand and agree that the content does not constitute a specific recommendation of any particular investment, security, portfolio, transaction, or strategy, nor that any specific course of action is suitable for any specific person, including you.
(c) KFGR's products and services are general in nature and are not tailored to individual financial circumstances, trading background, or experience. Neither KFGR nor any of its staff, analysts or other personnel will provide you any personalized investment advice, and you therefore agree that you shall not solicit or attempt to obtain any such advice from KFGR, or from any of its staff, analysts or other personnel.
(d) While KFGR's staff and/or personnel may own positions in certain securities mentioned in or on the Service, such ownership does not constitute an endorsement or recommendation of any such securities. You are advised to consult qualified investment and financial professionals before making any financial, investment, or trading decisions. It is your money and your responsibility.
(e) KFGR uses various methods to evaluate investments and trading opportunities which may, at times, produce contradictory recommendations with respect to the same securities. When evaluating the results of prior recommendations or performance rankings or scoring, you should also consider that KFGR may modify the methods it uses to evaluate investment opportunities from time to time. For this and for many other reasons, the performance of past recommendations or investments is not a guarantee of future results or that you will obtain similar results.
6. Disclaimer of CFTC Rule 4.41.
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under or overcompensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown in any hypothetical or simulated trading program.
7. Intellectual Property Rights.
(a) KFGR Content. The Service and all data, products, content, features and functionality (including but not limited to, all information, user interfaces, software, text, displays, images, and the design, selection and arrangement thereof) ( “KFGR Content ”) thereof, are owned by KFGR, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Service available to any third party. You must not reproduce, distribute, modify, create derivative works of, re-engineer, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service, except as authorized by these Terms of Use. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by KFGR. Some KFGR Content may also be subject to further terms and conditions provided in connection with the particular KFGR Content and you agree to comply with any such further terms and conditions. Any use of the KFGR Content other than as set forth in these Terms of Use may result in the immediate suspension or termination of your access to all or part of the Service.
(b) Your Content.
(1) Certain features or functions of the Service may permit the uploading, posting, storage, viewing or transmittal of text, information, and content (collectively, “Your Content ”). You retain ownership of any of Your Content posted or transmitted to or through the Service, but in order for us to provide you the Service, you must grant certain rights to KFGR to use Your Content. Accordingly, subject to any restrictions or limitations set forth in these Terms of Use, you hereby grant to KFGR and its designees, a royalty-free, fully paid, non-exclusive license to post, store, use and transmit any and all of Your Content in connection with: (i) KFGR's maintenance, operation, and provision of the Service; (ii) the operation of KFGR's business, including its development and design of any products or services; and (iii) the creation of Systems Data. You are solely responsible for any and all of Your Content uploaded and/or transmitted in and/or through the Service.
(2) You represent and warrant to KFGR that: (i) you own Your Content or otherwise have sufficient rights in Your Content to grant the license rights granted to KFGR in this Section; (ii) Your Content does not, and its use by KFGR as contemplated in these Terms of Use will not, violate, infringe, or misappropriate the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party, or breach or violate any obligation of confidentiality owed to any third party; (iii) your uploading, posting, storage, viewing or transmittal of Your Content to or through the Service will not violate applicable Laws; and (iv) there are no claims currently pending or threatened, and you have not engaged in any acts or omissions likely to result in any such claims, as to: (a) your ownership of, use of, or rights in Your Content; (b) your violation, infringement or misappropriation of any third party intellectual property rights, publicity or privacy rights, or other proprietary rights with respect to Your Content; (c) your violation or breach of any obligation of confidentiality owed to any third party with respect to Your Content; or (d) the violation of Your Content of applicable Laws.
(3) KFGR reserves the right to refuse to post or transmit any of Your Content. Furthermore, in the event that KFGR discovers or has reason to believe that Your Content is in violation of these Terms of Use, including without limitation, this Section 7(b) and/or Section 9 below, KFGR may, without limiting its rights or creating any liability therefor, immediately remove Your Content from the Service, and may further block and/or restrict your access thereto pending resolution of any such violation.
(4) You are responsible for keeping appropriate copies and records of Your Content. KFGR has no obligation to back up or maintain Your Content, and KFGR takes no responsibility and assumes no liability for Your Content, including without limitation any loss or damage thereto.
(c) Systems Data.
You acknowledge and agree that all Systems Data is and shall remain the sole and exclusive property of KFGR. For purposes of clarity, KFGR may make any legal use of the Systems Data without notifying you or sharing such Systems Data with you. Specifically, by way of illustration and not by way of limitation, KFGR may publish and share Systems Data with others in aggregate or statistical form to promote the Service and/or KFGR's products or services, for evaluating the efficiency, utility and functionality of the Service and/or KFGR's other products or services, and for enhancing and improving the Service and KFGR's other products or services. For purposes of these Terms of Use, “Systems Data ” means all data, content and information regarding your use of the Service in the nature of de-identified or aggregate systems administrative data, statistical and demographical data, operational information, and data generated by or characterizing the use of the Service, including without limitation, any de-identified or aggregate Your Content.
(d) Feedback.
Any comments, feedback, suggestions, or ideas ( “Feedback ”) you provide through the Service may be used by KFGR. While you may continue to own all such the Feedback, you hereby grant to KFGR a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback.
8. One Bar Ahead Product Terms.
(a) If you have registered as a User and have purchased or been granted the right to access and use the One Bar Ahead Product ( “Usage Rights ”), KFGR hereby grants to you, subject to the Usage Rights you have purchased or obtained from KFGR, a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right and license to: (i) access and use the One Bar Ahead Product for your internal, informational use only; and (ii) use, reproduce, distribute and copy (but only to the extent authorized herein), without modification, the One Bar Ahead Content (as defined below), solely for your internal, informational use only, in each case, subject to the following terms, conditions and restrictions:
(1) The One Bar Ahead Product may permit users to download, electronically transmit, and/or print certain One Bar Ahead Content. To the extent the One Bar Ahead Product permits the downloading, electronic transmission, and/or printing of One Bar Ahead Content, you have the following rights:
(i) The license rights granted in this Section do not include the right to copy, electronically transmit to third parties, print or download the One Bar Ahead Content apart from the One Bar Ahead Product except as otherwise expressly authorized in these Terms of Use, and you agree not to copy, electronically transmit to third parties, print and/or download such One Bar Ahead Content apart from the One Bar Ahead Product except as otherwise expressly permitted herein.
(ii) To the extent the One Bar Ahead Product permits you to download, electronically transmit, and/or print certain One Bar Ahead Content, then the license rights granted in this Section include the right for you to do so, provided that: (a) you must only use the functionality or features provided by the One Bar Ahead Product to download, electronically transmit, and/or print the One Bar Ahead Content; and (b) you may make only a reasonable number of printouts and/or copies of such One Bar Ahead Content, without modification, solely for your internal use.
(iii) Any printouts, emails, or copies of such One Bar Ahead Content shall be specifically attributed to KFGR and shall retain KFGR's copyright and/or other proprietary rights notices, in addition to any and all disclaimers and/or limitations included in such One Bar Ahead Content.
(iv) Except as otherwise expressly set forth in this Section, downloading, printing, copying, modifying, distributing or otherwise using the One Bar Ahead Product and/or the One Bar Ahead Content for external commercial purposes, including commercial publication or further resale, is expressly prohibited.
(2) You may only access and/or use the One Bar Ahead Product within the scope of your Usage Rights. For example, certain Usage Rights may be limited to the use of the One Bar Ahead Product by a single user or multiple single users, or impose other prohibitions or restrictions on your use of the One Bar Ahead Product. It is your obligation to know and understand the scope and extent of your Usage Rights. If you exceed the scope of your Usage Rights, you agree: (i) that KFGR may invoice you for the additional fees commensurate with any such unauthorized use; (ii) that you will pay such invoice within thirty (30) days of your receipt of the invoice; and (iii) that such remedy is not exclusive of the other remedies available to KFGR in connection with such unauthorized use.
(b) You acknowledge and agree that the One Bar Ahead Content is provided for informational purposes only. While commercially reasonable care has been taken in sourcing, compiling, organizing, maintaining and presenting the One Bar Ahead Content via the One Bar Ahead Product, KFGR does not warrant or guarantee the One Bar Ahead Content's completeness, legality, correctness, accuracy, or timeliness. KFGR does not provide investment services or investment advice and you acknowledge and agree that: (i) neither the One Bar Ahead Product nor the One Bar Ahead Content constitutes investment services or investment advice; and (ii) you will not rely on the One Bar Ahead Product or the One Bar Ahead Content for making any investments or financial decisions.
(b.1) You acknowledge and agree that One Bar Ahead content is for personal consumption only and that you will not use One Bar Ahead content, products or services for the purpose of providing investment services, investment advice or to otherwise trade in stock, securities or other ownership interests issued by any publicly traded or privately held entity unless you have obtained a Professional Use License directly from KFGR. Please click here to contact KFGR to obtain such licensing.
(b.2)You acknowledge and agree that nothing in the One Bar Ahead Product or the One Bar Ahead Content is deemed to constitute: (1) information that specifically addresses any specific individual's investment objectives, financial situation, or the particular needs of any specific person who uses the One Bar Ahead Product and/or accesses the One Bar Ahead Content; (2) the establishment of an advisory relationship; or (3) a transaction in securities for the account of others.
(c) To the extent any data or information provided to you as part of the One Bar Ahead Product is provided in de-identified or aggregated form, you agree not personalize or attempt to personalize any such data or information, identify or attempt to identify the data subjects or sources to whom the data or information relates or from whom the data or information was obtained or otherwise pertains to, or otherwise reconstruct and/or disaggregate the One Bar Ahead Content in any way.
(d) You acknowledge and agree that you may access the One Bar Ahead Content solely via the One Bar Ahead Product in accordance with your Usage Rights. KFGR has no obligation to provide or make available the One Bar Ahead Content to you other than through the One Bar Ahead Product.
(e) Subscriptions for the One Bar Ahead Product are for a period of one (1) year, and are billed on annual basis at the time you purchase your subscription. Upon the expiration of your subscription, it will automatically renew for an additional one (1) year period unless you notify us in writing prior to such renewal of your intention that your subscription not renew. Upon such renewal, you authorize and agree that KFGR may, without seeking your further permission or consent or providing any additional notice to you, charge the subscription fee using your payment card information currently held on hand by KFGR as of the date of the renewal. In order to cancel your subscription or inform us of your intention not to renew your subscription, please contact KFGR through the “Contact ” page. However, be advised that if you cancel your subscription during any current subscription term, you will not be provided a refund of you subscription fee.
(f) From time to time, KFGR may offer introductory pricing at a reduced rate for a specified period of time ( “Introductory Offers ”). Introductory Offers can only be redeemed by first time subscribers only. If you do not qualify for an Introductory Offer, we reserve the right to reject your order or modify your order to reflect current subscriber pricing, terms and conditions. KFGR may determine your eligibility for an Introductory Offer at any time without prior notice and with any liability, to the extent permitted under applicable Law. Once the period of time that is the subject of your Introductory Offer expires, your subscription will, unless you cancel it prior to such expiration, automatically convert to KFGR's standard pricing. Accordingly, you acknowledge and agree that at the end of any subscription period that is the subject of your Introductory Offer, we will automatically and without seeking your further permission or consent or providing any additional notice to you, charge the then current subscription fee using your payment card information currently held on hand by KFGR, unless you provide a cancellation notice to KFGR using the “Contact ” page prior to the expiration of the subscription period that is the subject of your Introductory Offer.
9. Your Conduct.
You may use the Service only for lawful purposes in accordance with the terms and conditions of these Terms of Use. Except as expressly permitted in these Terms of Use, you agree not to:
(a) License, sublicense, lease, rent, timeshare, distribute, disclose, permit access to, or transfer to any third party, any portion of the Service and/or any KFGR Content, whether for profit or without charge;
(b) Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing ”), publish or sell the Service and/or any KFGR Content;
(c) Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Service, any KFGR Content, or any KFGR software;
(d) Remove any copyright and other proprietary notices placed upon the Service and/or any KFGR Content accessible via the Service;
(e) Circumvent any use-limitation or protection device contained in or placed upon the Service and/or any KFGR Content, or access or attempt to access any portion of the Service and/or any KFGR Content that you are not authorized to access;
(f) Use the Service to execute denial of service attacks;
(g) Perform automated searches against KFGR's systems (except for non-burdensome federated search services), including automated “bots ”, link checkers or other scripts, without prior written permission from KFGR;
(h) Use the Service or any KFGR Content to create products or perform services which compete with or interfere with the Service, any KFGR Content, or any other products or services of KFGR or its licensors;
(i) Text mine, data mine or harvest metadata from the Service;
(j) Impair or overburden the Service or any servers or systems associated with the Service;
(k) Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
(l) Violate any Laws. For purposes of these Terms of Use, “Laws ” means applicable federal, international, state and local laws, statutes, rules, regulations and ordinances, including any judgment or order of any court or governmental authority, and specifically includes, without limitation, the Gramm-Leach-Bliley Act and its implementing rules and official guidance, the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, all applicable anti-bribery and anti-corruption laws and regulations, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010, and all applicable privacy and data protection laws;
(m) Use the Service and/or any KFGR Content in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party;
(n) Introduce to the Service or any other KFGR systems or software any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(o) Download all or parts of the Service and/or any KFGR Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Service and/or the KFGR Content, in any form;
(p) Use the Service or any KFGR Content to create or develop any competing product or service, or any other product or service that emulates the features and/or functions of the Service and/or the KFGR Content; or
(q) Use the Service and/or the KFGR Content in connection with life support systems, medical devices, or any application or other high risk activities where failure or malfunction could lead to possible loss of life.
10. Payments.
(a) KFGR may provide certain paid or free services associated with the use of the Service, in its sole discretion. All fees charged by KFGR may be modified or changed at any time in its sole discretion. When your use of the Service requires the payment of a fee, you will have the opportunity to review and accept the fees that you will be charged. If you do not agree to pay the fee, do not proceed with your transaction. Unless otherwise stated, all fees are quoted in U.S. Dollars.
(b) You are responsible for paying all fees and applicable taxes associated with your use of the Service in a timely manner with a valid payment method. You agree at all times to keep your payment information current and complete. Except as otherwise set forth in these Terms of Use, KFGR does not provide refunds.
(c) If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, or retaining collection agencies and legal counsel, in our discretion.
11. Third Parties Websites, Materials and Content.
(a) The Service may link to other websites. These links may be provided by KFGR as a convenience to you. If you deal with a linked site, your transaction is not with KFGR so you should review the linked site's “terms of use, ” other contract(s) and/or privacy notice before completing your transaction.
(b) KFGR may further use third-party services, software or applications in making available the Service to you. You agree to comply with any and all third-party license terms, terms of use, or terms of service applicable to any such third-party service, software or applications, and shall not take or fail to take any act that would cause KFGR to be in breach or violation of any such third party license terms, terms of use, or terms of service. You further acknowledge and agree that KFGR shall not be responsible for, and shall have no liability to you in connection with, the unavailability, failure of, or your inability to use, any such third-party service, software or applications.
(c) The Service may display or make available, and the KFGR Content may include, third party content (including data, information, and/or materials) (collectively, “Third Party Materials ”). You acknowledge and agree that KFGR is not responsible for the Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. KFGR does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
(d) You acknowledge and agree that KFGR's: (i) linking to any third party website; (ii) using any third party services, software or applications; or (iii) providing any Third Party Materials, does not constitute or imply an endorsement by KFGR of the third party provider. The providers of any third party services, software or applications or Third Party Materials may be third party beneficiaries of these Terms of Use having the right to enforce these Terms of Use in accordance with its terms.
(e) KFGR has affiliate agreements in place that may include fee sharing. Likewise, from time to time KFGR may engage in affiliate programs offered by other companies, though corporate policy firmly dictates that such agreements will have no influence on any product or service recommendations, nor alter the pricing that would otherwise be available in absence of such an agreement. As always, it is important that you do your own due diligence before transacting any business with any firm, for any product or service.
12. Monitoring and Enforcement.
(a) KFGR may: (i) disclose your identity or other information about you to any third party who claims that Your Content or any other material posted by you by or through the Service violates their rights, including their intellectual property rights, publicity rights, or their right to privacy; or (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information (including Your Content) of any User posting any materials on or through the Service.
(b) We do not commit to reviewing any of Your Content or any other user content or materials before it is posted or transmitted through the Service, and cannot ensure prompt removal of objectionable material after it has been posted or transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content, including any of Your Content, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
13. No Commercial Use; Authorization.
You may use the Service for your internal, non-commercial (except as otherwise set forth herein) use solely for lawful purposes in compliance with these Terms. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify KFGR pursuant to Section 19 below.
14. NO WARRANTIES.
YOU AGREE THAT THE SERVICE AND ALL KFGR CONTENT IS PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE VENDORS, AFFILIATES OR AGENTS “AS IS ” AND “WITH ALL FAULTS, ” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. KFGR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO GOOD FAITH AND FAIR DEALING, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE KFGR'S PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE SERVICE OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION. ALL RISK IN CONNECTION WITH THE USE OF THE SERVICE AND/OR ANY KFGR CONTENT IS WITH YOU.
15. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER KFGR NOR ANY OF ITS EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THESE TERMS OF USE OR THE SERVICE, EVEN IF KFGR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
16. EXCLUSIVE REMEDY.
IF FOR ANY REASON KFGR IS FOUND LIABLE HEREUNDER, KFGR'S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (i) THE FEES YOU HAVE PAID TO KFGR IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION GIVING RISE TO LIABILITY; OR (ii) $100 USD. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH KFGR MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Termination or Cancellation.
As noted above, these Terms of Use are a legally binding agreement between you and KFGR with respect to your use of the Service. Either we or you may terminate this agreement with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred prior to termination, and if you use the Service after such termination, that use will constitute your new agreement to these Terms of Use. If applicable Laws require that we provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records. KFGR's rights under these Terms of Use that by their terms, nature, sense or context are intended to survive the termination of these Terms of Use shall survive such termination. Without terminating your right to use the Service pursuant to these Terms of Use, we may suspend or block your access to the Service whenever it appears to us that you might be breaching or violating these Terms of Use or otherwise about to cause harm or damage to us or others. No breach of these Terms of Use by KFGR shall be deemed a material breach unless KFGR is first given not less than fifteen (15) business days to cure the breach.
18. Applicable Law and Exclusive Forum.
The Service is controlled by us from our offices within the United States and is intended for United States users only. If you choose to access the Service from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or these Terms of Use. You agree that these Terms of Use, and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Service, shall be governed by the laws of the State of Delaware, U.S.A., without regard to its conflicts of laws provisions and without regard to where performance is made. THESE TERMS OF USE WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. You agree that any disputes shall be heard exclusively in an appropriate forum located in Delaware. You also consent to jurisdiction in a state or federal court sitting in Delaware and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Delaware or U.S. federal law.
19. Indemnity.
You agree to indemnify, defend and hold harmless KFGR, its licensors, affiliates, successors and assigns, and each of the officers, directors, members, employees, agents, and representatives of the foregoing, for, from and against any and all losses, liabilities, damages, fees, penalties, claims and demands (actual or alleged), and costs and expenses (including reasonable attorneys' fees and legal costs), arising out of or related to your breach of these Terms of Use, your violation of any Laws, your infringement of any third party intellectual property rights, or the use of your User account by a third party. KFGR reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably assist and cooperate with KFGR in the defense thereof.
20. Notices, Including Our Address for Legal Notices.
(a) We may give you notice by any lawful method, including (without limitation) legal notices and notices of subpoenas. We may provide the notices by posting them on the Service or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Service.
(b) You agree to send us notice by mailing it to “Our Address for Legal Notices ” which is 1004 Commercial #365, Anacortes, WA 98221, or by emailing it to us at [email protected]
21. Amendments.
We may revise and update these Terms of Use 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 Service thereafter. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage you to check these Terms of Use often for updates.
22. Agreement; Miscellaneous.
These Terms of Use, which incorporate by reference any: (i) additional terms on the Service or otherwise provided by us for particular activities; and (ii) disclosures provided by us and consents provided by you on the Service, constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in these Terms of Use. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms of Use and the remainder of these Terms of Use will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches. Time is of the essence in connection with your performance under these Terms of Use. Except as set forth in Sections 11 and 19 above, there are no third-party beneficiaries of any part of these Terms of Use. These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with KFGR's prior written consent, which KFGR may withhold for any reason or no reason. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.
23. No Class Actions.
Each party expressly waives their right to file a class action or seek relief on a class basis. YOU AND KFGR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
24. Waiver of Jury Trial.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SUBJECT MATTER OF THESE TERMS OF USE.
25. Further Information.
If you would like to receive our legal name and address by email or request any additional information from KFGR, please provide us your email address by sending your request, in writing, to Our Address for Legal Notices. If you have a complaint, you may contact us at the address(es) set forth in Section 19.
26. Notice of Copyright Agent.
KFGR respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Service in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Service containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner using the address(es) set forth in Section 19.
Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third-party rights.
27. Notice About Trademarks.
ONE BAR AHEAD® and any associated logos or designs are trademarks of Keith Fitz-Gerald Research. All other trademarks and logos on the Service and/or in the KFGR Content are the property of their respective owners. All rights are reserved.
