Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully. Challenger Media LLC (“Company,” “we,” “us,” or “our”) owns and operates Exoswan.com (“Site”). By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and you accept the terms of use as set forth herein and agree to be legally bound by them. If you do not agree to these Terms and Conditions, please do not access this website or any pages thereof.
Reservation of Rights
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of the Terms and Conditions and of all applicable laws.
Use of Content
The Content (as defined below) of this Site is available for informational purposes only. The posting of Content and access to this Site does not constitute, either explicitly or implicitly, any provision of services or products by the Company.
Copyright and Trademarks
This Site (including the software, newsletters, and files), the computers hosting this Site, and content provided on this Site, including any text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of the Company, are licensed to the Company, or are publicly copyrighted, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations.
Except as expressly provided in these Terms and Conditions, the Company does not grant any express or implied rights to you. All rights in the pages and Site Content are owned by the Company and their respective licensors. You agree not to sell, distribute, publish, broadcast, circulate or commercially exploit Site Content in any manner without the express written consent of the Company.
Any downloading or otherwise copying from this Site will not transfer title to any software or material to you. Unless otherwise noted, Exoswan Insights, and other brands featured on the Site constitute our trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity of the Company’s ownership of, such copyrights, trademarks or any other intellectual property of the Company, or assist any third party in doing so.
Grant of License
The Company grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal, scholarly, research or non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to the Company in a form and manner acceptable to us.
For information on obtaining permission to use any Content beyond the uses permitted above, please contact us at support (at) exoswan.com.
Unless and except as otherwise expressly permitted by these Terms and Conditions, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through this Site, without written permission from the Company.
Any unauthorized use of this Site or the Content will terminate the permission granted herein and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
No Offer or Advice
Nothing contained herein constitutes an offer, solicitation or recommendation regarding any investment management product or service, or the offer to sell or the solicitation of an offer to buy any security; nor shall any such services be provided, or securities be offered or sold, in any jurisdiction in which such an offer, solicitation, provision or sale would be unlawful. All Site Content is subject to applicable statutes and regulations. This Site is published in the United States for residents of the United States. Investors outside of the United States are subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. U.S. investors are advised that not all services described on this Site are available for sale in all states. Any potential investor should satisfy himself that a purchase of our product is permissible under the rules and regulations of his or her domicile. The Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site is prohibited. Persons in respect of whom such prohibitions apply must not access the Site.
We are publishers and not financial advisors. The information provided through the site, newsletters, publications, emails, downloaded content, or any form of media from the Company is for informational purposes only. It does not constitute any form of advice to buy or sell any securities or adopt any investment strategy mentioned. It is intended only to provide observations and views of the author(s) at the time of writing, both of which are subject to change at any time without prior notice. The information provided does not have regard to the specific investment objectives, financial situation or particular needs of any specific person who may read it, and investors should determine for themselves whether a particular service or product is suitable for their investment needs or should seek such professional advice for their particular situation.
Any reference to a particular company or security is not an endorsement by us of that company or security or a recommendation by us to purchase or sell such security. It should not be assumed that recommendations made in the future will be profitable or will equal the performance of the securities in this list. No information and recommendation should be assumed or construed as personal investment advice.
Certain of the statements contained herein may be statements of future expectations and other forward-looking statements that are based on the Company’s current views and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. In addition to statements which are forward-looking by reason of context, the words “may, will, should, expects, plans, intends, anticipates, believes, estimates, predicts, potential, or continue” and similar expressions identify forward-looking statements. The company assumes no obligation to update any forward-looking information contained herein.
The Company and its related persons use online activity as part of its investment research process. As a result, the Company and clients as well as its related persons may (but do not necessarily) have financial interests in securities or issuers that we discuss. However, any discussion of securities or issuers by the Company in such conversations is not a recommendation to buy, sell or hold any particular security.
Investments
Past performance is no guarantee of future results. Equities may decline in value due to both real and perceived general market, economic, and industry conditions. The value of investments, and the income from them, can go down as well as up, and you may not recover the amount of your original investment. Any tax benefits referred to on this Site are subject to change and their availability and value will depend on your individual circumstance. Such investments are not deposits or obligations of, or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the U.S. government, the FDIC, the Federal Reserve Board or any other agency. Please contact your financial adviser about any investment decisions associated with your particular plan and investments. You are responsible for your own investments. Caveat emptor applies, at all times, to the investment research products the Company sells.
No Reliance
Although the Company has taken reasonable care to ensure that the information contained within this Site is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by the Company or their contractual partners. Opinions and any other contents at the Site are provided by the Company for personal use and informational purposes only and are subject to change without notice. Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision.
No Warranty
The information and opinions contained on this Site, including hyperlinks or references to other sites, are provided ‘as is’ without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. You are responsible for evaluating the adequacy, accuracy, reliability, merchantability, non-infringement, completeness of any information or the content available on the Site or fitness for any particular purpose with respect to the site or any of its content. The Company further assumes no responsibility for, and makes no warranties that, functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available will be free of viruses or other harmful components.
Liability Waiver
Neither the Company nor any of their respective affiliates, directors, officers, registered representatives or employees, nor any third party vendor, will be liable or have any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use the Site or reliance on the Content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Site, regardless of our knowledge thereof.
Events Beyond Our Control
You expressly absolve and release the Company and all of its officers, directors, employees, registered representatives, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions.
User Representations
You represent and warrant to the Company that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites; or (d) engaging in any fraudulent or manipulative activity with respect to issuers, securities or markets.
Linked Sites
Certain hyperlinks or referenced websites on the Site may for your convenience forward you to third parties’ websites, which generally are recognized by their top level domain name. Any descriptions of, references to, or links to other products, publications or services does not constitute an endorsement, authorization, sponsorship by or affiliation with the Company with respect to any linked site or its sponsor, unless expressly stated by the Company. Any such information, products or sites have not necessarily been reviewed by the Company and are provided or maintained by third parties over whom the Company exercises no control. The Company expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. The Company reserves the right to terminate any hyperlink or hyperlinking program at any time.
Information Submitted By You
You should not submit any confidential or proprietary information via the Site. All information or material submitted through the Site will be deemed to be the property of the Company. By submitting any information or material to us through the Site, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that the Company is free to use for any purpose any ideas, concepts, know-how or techniques that you submit to us through the Site. The Company shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed to by the Company or as otherwise specifically agreed or required by law.
Jurisdiction, Severability
Any action arising out of these Terms and Conditions or the Site shall be litigated in, and only in, courts located in Delaware, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.
Social Media Disclosure
The Company’s social media accounts are run by individual analysts or other team members. Social media posts are not necessarily the opinion of the Company as a whole. The Company and its related persons use conversations via social media as part of its investment research process. As a result, the Company and clients as well as its related persons may (but do not necessarily) have financial interests in securities or issuers that we discuss. However, any discussion of securities or issuers by the Company in such conversations is not a recommendation to buy, sell or hold any particular security.
